Common legal knowledge questions and answers
Marriage and family
Question: what are the effective legal forms of divorce
Response: there are two legal forms of divorce in force: divorce by mutual agreement and divorce by suit。
(1) divorce by mutual agreement。
Article 31 of the marriage act provides that:
“the granting of divorce in cases of voluntary divorce by both men and women”
It's about the deal
Divorce provisions. A divorce by mutual agreement shall be entered into by both spouses jointly with the civil administration, where one of the parties has a permanent household. ]
Written application submitted by the registration authority to fill out the application form for divorce
The civil affairs department's marriage registration office has determined that the spouses are willing to apply
The book is an expression of the true meaning of the two parties, the expression of their voluntary divorce, the common property of the family and the upbringing and maintenance of the children
Agreement on debt-sharing, review and inquiry by the marriage registry office, and registration in the event that the conditions for divorce are met, shall take place and be issued
Give me a divorce。
(2) divorce proceedings。
Article 32 of the marriage act:
“a man and a woman who request a divorce may conciliate with the competent authority or directly
Take the divorce suit to the people's court”
This is the regulation of divorce proceedings. A divorce is a divorce initiated by a man or a woman, and another
No consent to divorce or, although both parties agree to divorce, the division of joint property and maintenance, education, medical expenses, etc
In the absence of an agreement on the matter, the parties to the divorce proceedings may file a divorce petition with the people's court, which generally takes two steps after the court's hearing
Settlement by way of settlement: first, mediation of divorce, i. E. Settlement of property, child-rearing, etc. By the parties to the divorce under court mediation
The issue was agreed upon by the people's court, which approved the divorce and produced the civil settlement of the divorce as a legal instrument of the parties。
The second is a decree of divorce, which refers to the people's court, in case of nullity of mediation, to the joint property and children of the spouses in the specific case of divorce
Divorces are handed down, for example, by foster care。
Q: how can a divorce be settled
