Except for domestic violence! Ministry of Civil Affairs: the cooling off period does not apply to litigation divorce

category:Finance
 Except for domestic violence! Ministry of Civil Affairs: the cooling off period does not apply to litigation divorce


Another reporter asked whether we should submit divorce agreement when applying for divorce? What are the precautions?

Yang zongtao: No. Article 1076 of the Civil Code stipulates: if the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall state the intention of the two parties to divorce voluntarily and the consensus reached through consultation on the custody of children, property and debt treatment. According to the adjusted divorce registration procedure, both parties shall jointly apply to the marriage registration authority and jointly sign the divorce registration application, which has stated that we both voluntarily divorce and have reached consensus on matters such as child support, property and debt treatment, and both parties have full civil capacity. The content of the above application is completely true. If it is false, it is willing to bear legal responsibility. Therefore, it can be regarded as a voluntary divorce, and reached a consensus agreement on the custody of children, property, debt treatment and other issues. In addition, there may be changes in the contents of the formal settlement of the debt and the settlement of the child before the divorce. At the same time, the effective time of divorce agreement needs to be consistent with the time of divorce registration, and the sooner or later the divorce agreement is submitted will not have a substantial impact on the rights and obligations of the parties. Therefore, in order to facilitate the parties, simplify the divorce registration procedures and optimize the divorce registration process, the notice does not require the parties to submit the divorce agreement at the stage of divorce application, but can submit the divorce agreement text when the divorce registration is formally handled. Ministry of Civil Affairs: cooling off period does not apply to litigation divorce_ NB12679

Yang zongtao: No. Article 1076 of the Civil Code stipulates: if the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement shall state the intention of the two parties to divorce voluntarily and the consensus reached through consultation on the custody of children, property and debt treatment. According to the adjusted divorce registration procedure, both parties shall jointly apply to the marriage registration authority and jointly sign the divorce registration application, which has stated that we both voluntarily divorce and have reached consensus on matters such as child support, property and debt treatment, and both parties have full civil capacity. The content of the above application is completely true. If it is false, it is willing to bear legal responsibility. Therefore, it can be regarded as a voluntary divorce, and reached a consensus agreement on the custody of children, property, debt treatment and other issues. In addition, there may be changes in the contents of the formal settlement of the debt and the settlement of the child before the divorce. At the same time, the effective time of divorce agreement needs to be consistent with the time of divorce registration, and the sooner or later the divorce agreement is submitted will not have a substantial impact on the rights and obligations of the parties. Therefore, in order to facilitate the parties, simplify the divorce registration procedures and optimize the divorce registration process, the notice does not require the parties to submit the divorce agreement at the stage of divorce application, but can submit the divorce agreement text when the divorce registration is formally handled.

Ministry of Civil Affairs: the cooling off period does not apply to litigation divorce