Signing a divorce agreement without obtaining a divorce certificate is invalid.

If the marriage registration agency finds out that both parties are indeed voluntarily divorcing and have reached an agreement, it will be registered and the divorce agreement will not come into effect until a divorce certificate is issued.

The applicable objects of divorce by agreement are:

1. Both men and women must voluntarily divorce;

2. Both parties have full capacity for civil conduct;

3. If the divorce agreement is reached in writing and signed by both parties in person, they may not entrust others to represent them. The divorce agreement states the mutual consent for divorce, the ownership of child custody, property division, debt settlement, and other matters that need to be specified in the agreement, etc.;

4. The parties hold Marriage certificate issued by the mainland marriage registration authority or the Chinese embassy abroad.

The divorce agreement must be legal. The agreement does not allow for the attachment of time limits to the divorce, leaving the divorce in a state of pending validity; the sharing of joint debts between husband and wife must not harm the legitimate rights and interests of creditors, the allocation of housing, and the financial assistance provided by one party to the divorce to the other party who is in difficulty. The content must be written clearly and must be legal.

The documents required for divorce by agreement are:

1. Valid ID card;

2. Household register;

3. Marriage certificate ;

4. The divorce agreement must be signed by both parties in triplicate;

5. Each party must submit two 2-inch recent half-length, bareheaded photos of a single person.

Legal Basis

Article 1076 of the "People's Liberation Army and Civil Code of the People's Republic of China" If both spouses voluntarily divorce, they shall sign a written divorce agreement and attend the marriage ceremony in person. The registration authority applies for divorce registration.

The divorce agreement should state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt settlement. Article 1077 If either party is unwilling to divorce within thirty days from the date the marriage registration authority receives the application for divorce registration, the party may withdraw the application for divorce registration from the marriage registration authority.

Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall apply in person to the marriage registration authority for issuance of a divorce certificate; failure to apply shall be deemed to have withdrawn the application for divorce registration.