Refer to the current marriage law
Thirty-first men and women who voluntarily divorce shall be granted divorce. Both parties must apply for divorce at the marriage registry. When the marriage registration office finds out that both parties really want and have properly handled the children and property issues, it will issue a divorce certificate.
Article 32 If a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has really broken down and mediation fails, divorce shall be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or a spouse living with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
Article 36 The relationship between parents and children shall not be eliminated by the divorce of parents. 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 and educate their children.
After divorce, the nursing children shall be raised by foster mothers. If the two parties fail to reach an agreement because of a dispute over the upbringing of a child after lactation, the people's court shall make a judgment according to the rights and interests of the child and the specific circumstances of both parties.
Article 37 After divorce, for the children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses, and the amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment.
An agreement or judgment on the child's living expenses and education expenses shall not prevent the child from making a reasonable request to either parent for more than the original amount of the agreement or judgment when necessary.
divorce agreement
Male: XX, Han nationality, born on XX, X00X, living at XX, X Road, a residential area in XXX County, with the ID number of 00000000.
Female: X, Han nationality, born on XX, X00X, living at XX, X Road, a residential area in XXX County, with the ID number of 000000000.
Both men and women registered their marriage in XX County Civil Affairs Bureau on XX, XXX, and the marriage certificate number is: Dian (15)X civil marriage word XX. After marriage, because of personality disagreement, they often quarrel, which leads to emotional breakdown and can't live together. After consultation, both parties reached an agreement, and now the divorce agreement is as follows:
I. Voluntary divorce of men and women
Second, the right to raise and visit children.
1. A man and a woman got married and gave birth to a son, named, who was born on X, X, X, and lived with her after divorce. The boy pays the maintenance fee of 1000.00 yuan (RMB one thousand only) every month until the child lives independently with a certain person; Payment method: before the end of each month, transfer to the account of Agricultural Bank of China in the name of a child: 1 100558899.
2. If Wanying Guo, the legitimate daughter of both men and women, is admitted to an institution of higher learning, the tuition fees shall be borne equally by Guohai and zhangyan.
3. If a married daughter of a man and a woman is seriously ill, the medical expenses shall be borne equally by the man and the woman.
4. The man can visit and live together at any time without affecting the learning and willingness of the children born in marriage.
Three, * * * with real estate and other * * * with real estate processing.
1. There is no * * * property and real estate during the marriage relationship.
2. All the * * * property during the relationship between husband and wife belongs to the woman, and the man only keeps personal belongings.
Four, * * * with creditor's rights and debts and * * * with deposits.
1. There are no * * * identical creditor's rights during the marital relationship.
2. During the existence of the relationship between husband and wife, there is no * * * same debt.
3. There is no * * * deposit with * * during the marriage relationship. If one party has debts, the parties shall voluntarily repay them.
5. This agreement is made in triplicate, one for each party and one for the marriage registration authority.
Vi. Any dispute arising from the execution of this Agreement after its entry into force shall be settled by both parties through negotiation. If both parties cannot settle it, either party may bring a lawsuit to the people's court with jurisdiction.
Man: woman:
Year, month, sun, moon, sun.
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