If your husband and wife agree to divorce, you both sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. Among them, the divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt handling. From the date when the marriage registration office receives your application for divorce registration, within 30 days after the expiration of the time limit, both husband and wife should personally go to the marriage registration office to apply for a divorce certificate. If the marriage registration authority finds out that you both divorced voluntarily and reached a consensus on matters such as child support, property and debt handling, it will register and issue a divorce certificate.
legal ground
Article 1076 of the Civil Code
If the husband and wife voluntarily divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1064 of the Civil Code
The debts incurred by both husband and wife after the same signature or ratification by one party, and the debts incurred by one party in his own name for the daily needs of the family during the marriage relationship, belong to the same debt of husband and wife.
Debts incurred by one spouse in his own name during the marriage relationship that exceed the needs of family daily life are not joint debts of husband and wife; However, the creditor can prove that the debt is used for the husband and wife's life, production and operation, or based on the same meaning of both husband and wife.
Article 1065 of the Civil Code
Both men and women may agree that the property acquired during the marriage relationship and the property before marriage belong to themselves, all or part of it, and part of it. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of Articles 1062nd and 1063rd of this Law shall apply.