About whether the divorce certificate issued by the neighborhood committee or village committee is valid and the divorce procedure:

Application qualifications:

According to the "Marriage Law of the People's Republic of China and the People's Republic of China" " and the "Marriage Registration Management Regulations" stipulate that if a man and a woman divorce voluntarily and reach an agreement on child support and property disposal, they can go to the marriage registration office of the civil affairs department for processing.

Required materials:

To register for divorce, the following documents must be provided:

(1) Original and copy of household registration booklet.

(2) Original and copy of ID card (the unemployed must also hold an unemployment certificate).

(3) Letter of introduction for divorce from both parties. The divorce introduction letter should be issued by: if there is a unit, it shall be issued by the personnel department of the unit where it is located; villagers and individual workers, private entrepreneurs, employees, unemployed persons, etc. shall be issued by the village committee or neighborhood committee where their household registration is located. (A special seal for marriage registration from the sub-district office or town should be affixed for cross-district marriages.)

(4) Application reports from both parties. The content of the application report includes each person’s statement of desire for divorce and the reasons for the divorce.

(5) The agreement reached by both parties is a written agreement between the two parties on child support, property division, creditor's rights and debts, and financial assistance for one spouse's life difficulties.

(6) "Marriage Certificate" (two copies) of both parties. If the "Marriage Certificate" is lost, you need to apply for a replacement "Certificate of Spouse Relationship". For details on the replacement procedures, please see "Instructions for Application (Certificate of Spouse Relationship)".

Procedure:

Procedure:

(1) Both parties bring their documents, apply in person to the marriage registration authority where one party has his or her household registration, and fill out the application form .

(2) The marriage registration agency will review the materials of the person applying for divorce, and will give a reply to the application that meets the divorce conditions and make an appointment for a date to receive the divorce certificate within 30 days from the date of acceptance.

(3) Both parties shall go to the marriage registration authority in person (for legal notarization and witnessing of the agreement) to present their household registration books, ID cards, and certificates to receive the divorce certificate.

When you want to go through divorce procedures. If one of the spouses is a Japanese with a fixed residence in Japan, Japanese law shall apply. The divorce procedures in Japan are as follows:

1. Divorce by agreement

After both parties agree to divorce, "divorce by agreement" is established. Submit a divorce application to the municipality of the couple's place of origin or residence. In this case, a resident's certificate and a certificate of completion of alien registration are required. The divorce application also requires the signatures and seals of two witnesses. In addition, if there are minor children (under 20 years old), it must be clear which party of the divorcing couple owns the child's parental rights, otherwise the divorce application will not be accepted.

2． The divorce application will not be accepted

If you do not agree to the divorce and the other party may submit the divorce application alone, or if you impulsively sign and seal the divorce application due to a temporary quarrel and want to withdraw it When applying for divorce, as long as you submit an "application for non-acceptance of divorce application", the divorce application will not be accepted. It is valid within 6 months after the application is submitted. If the problem cannot be resolved within this period, you can submit another application to extend the period of inadmissibility.

3． Regarding application for divorce mediation

If negotiations regarding the division of property, condolence payments, parental rights of the child, and custody fees are uncertain, and divorce cannot be achieved through talks, either spouse can go to the family court to request mediation. Go to the Family Tribunal where the other party lives. The court has an application form, but it requires 900 yuan for printing paper and stamps for mailing.

Reference: /question/46183550.html?si=1

After divorce, to which party will the child be awarded?

If both parties want a child, the court will make a decision based on whose custody is more conducive to the child's growth. The party who does not receive custody rights has visitation rights and must also fulfill custody rights. The child support must be paid at least until the child is older. Age 18; if the child continues to study after the age of 18, support may or may not be paid.

According to the principles stipulated in Articles 36 and 37 of the Marriage Law, the general principle for solving child support issues is: starting from the interests of children’s physical and mental health and protecting their legitimate rights and interests, combined with the parents’ The specific circumstances such as the parenting ability and parenting conditions of both parties should be properly resolved.

The law has relatively clear legal provisions on this issue. Let me tell you the legal provisions below.

1. Agreement processing

Whether the children of divorced families live with their father or their mother can be decided by both parties during the divorce. If both parties divorce by agreement, the divorce agreement should state in the divorce agreement which party the children will live with.

In a divorce lawsuit, if both parties reach an agreement on child custody, the court will generally respect their agreement, except where the agreement between the two parties to have the child raised by the father or mother is seriously detrimental to the normal life of the child. If the two parties agree to take turns raising the children, the agreement between the two parties should be respected.

2. Children under two years old

Children under two years old generally live with their mother. If the mother has one of the following circumstances, she can live with her father:

(1) Suffering from infectious diseases or other serious diseases that cannot be cured for a long time, and the children are not suitable to live with their parents;

(2) There are conditions for raising children but they fail to fulfill their parenting obligations, and the father requires the children to accompany him or her. Living;

(3) Due to other reasons, the children are indeed unable to live with their mother.

3. Children over two years old

For minor children over two years old, both the father and the mother request to live with them. If one party has one of the following circumstances, priority can be given Consider:

(1) Those who have undergone sterilization or have lost their fertility due to other reasons;

(2) Children will live with them for a long time, and changing the living environment will be detrimental to the healthy growth of the children. Obviously disadvantageous;

(3) There are no other children, but the other party has other children;

(4) The children live with them, which is beneficial to their growth, but the other party suffers from There are infectious diseases or other serious diseases that cannot be cured for a long time, or there are other conditions that are not conducive to the physical and mental health of the children, and it is not suitable to live with the children.

4. The children have lived alone with their grandparents or maternal grandparents for many years.

The conditions for raising children by the father and the mother are basically the same. Both parties require the children to live with their grandparents. However, if the children have lived alone with their grandparents for many years, and the grandparents or grandparents request and have the ability to help the children take care of their grandchildren, they may be considered as a priority condition for the children to live with their father or mother.

5. Children over ten years old

If parents have a dispute over whether a minor child over ten years old lives with his father or mother, the views of the child should be taken into consideration.

Minor children over ten years old are persons with limited capacity for civil conduct and have a certain ability to distinguish right from wrong. Therefore, in divorce cases, when dealing with the issue of who the children live with, the children should be taken into consideration personal wishes. However, this does not mean that minor children over the age of ten can choose whoever they want to live with. The court generally only considers the child's personal opinions when the father and mother are competing for custody and both parties have the conditions to raise the child.

As for the issue of where adult children will live, the court will give more consideration to the opinions of the children.

Based on the above laws, if you have the right to ask your children to live with you, then whether you are divorcing by agreement or when the court decides to divorce, please negotiate with your lawyer based on the actual situation to maximize your efforts. Your legal rights in child support matters.

Reference materials: /question/37898018.html?si=1

How to solve the problem of household registration after divorce?

There are two ways: one is to return to your place of origin, take the household registration approval form issued by the police station of your place of origin and go to the household registration department to apply for the permission to move certificate (you need to have a certificate of approval from the place of origin or the village committee and a divorce agreement (book), and then apply for a household transfer certificate at the current household registration police station. The second is to separate the household registration from that of the ex-husband, and have a separate household. Although it is still the same household address, the household registration is separated in a legal sense.