However, certain conditions need to be met. For example, the divorce agreement should clarify the division of property and the custody of children. The agreement was signed after consultation between the two parties, and the custody and maintenance of children are legally recognized.
The process of divorce by agreement is as follows:
1. Divorced men and women * * * apply to the marriage registration office of the county civil affairs bureau where one of them has permanent residence;
2. Both parties shall fill in the Declaration of Application for Divorce Registration and sign with their own hands or fingerprints;
3. Both parties personally sign the divorce agreement in front of the marriage registrar;
4. The marriage registration authority shall examine the documents, agreements and supporting materials submitted by the divorced parties, and register them if they meet the requirements for divorce registration.
The divorce agreement includes:
1. Conditions for divorce by agreement: First, both parties are legal couples, that is, they have the conditions for marriage; Second, the two sides voluntarily divorced, indicating that no one forced; Third, through consultation, reach an agreement on child support and marital property division;
2. Procedures for divorce by agreement: first, application; second, review;
3. Time limit for divorce by agreement: The time limit for divorce by agreement is 30 days, because the Regulations on the Administration of Marriage Registration stipulates that after one party applies for divorce registration, a divorce certificate can only be issued after a 30-day divorce cooling-off period;
4. Child support: Child support is also very important in the divorce agreement. Adults generally have everything to say, but the interests of children should be negotiated separately;
5. Division of property: Division of property is also very important in divorce agreements, that is, husband and wife share property.
To sum up, at the time of divorce, the property of husband and wife is handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.
Legal basis:
Article 1084 of the Civil Code of People's Republic of China (PRC)
The relationship between parents and children is not eliminated by parents' divorce. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him.
After divorce, parents still have the right and obligation to raise, educate and protect their children.
After divorce, children under two years old are directly raised by their mothers. For a child who has reached the age of two, if both parents fail to reach an agreement on the issue of support, the people's court shall make a judgment based on the specific circumstances of both parties and the principle of being most beneficial to the minor children. Children over the age of eight should respect their true wishes. 、
Article 1087
At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.
The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.