In today's society, couples have frequent emotional problems, and divorce is a very common thing. If the relationship between the two parties has not reached freezing point, everyone will generally choose to divorce by agreement to end this relationship.

First, the divorce procedure by agreement

(1) Application

If the parties agree to divorce, they must apply for divorce registration in person at the marriage registration office where one party's account is located, and may not entrust others to act as agents. Otherwise, the marriage registration authority will not accept it. In China, the organ that handles divorce registration is the subdistrict office or the civil affairs department of the municipal people's government without districts in the city, and the people's government of townships, nationality townships and towns in the countryside. When applying for divorce, one party shall hold the following documents and certificates: ① household registration certificate; ② Resident ID card; Letter of introduction issued by the unit, villagers' committee or residents' committee; 4 divorce agreement; ⑤ Marriage certificate.

In addition, one-person bareheaded photos (provided according to the requirements of different regions) required for handling divorce certificates and filing should also be delivered, and the divorce application form should be filled out according to the requirements of the marriage registration authority.

(2) Review

When accepting the application for divorce, the staff of the marriage registration office shall explain the provisions of the Marriage Law and the Regulations on the Administration of Marriage Registration to the parties, and both parties shall truthfully answer the inquiries of the marriage registration administrators. Employees should understand:

① Whether the divorce applicant is a legal couple;

(2) Whether the applicants for divorce have full capacity for civil conduct;

(3) Whether the divorce is really voluntary;

Whether the handling of children's problems is appropriate;

(5) Whether the handling of property issues is appropriate, and so on.

If the registration authority finds that the divorced party has violated the marriage law, it shall give criticism and education or refuse to register. Those who violate the criminal law shall be transferred to judicial organs for criminal responsibility according to law. In order to prevent rash divorce and fake divorce, the staff should carry out ideological education, mediation and do a good job for the parties whose feelings have not completely broken. The marriage registration authority shall carefully examine the divorce application of the parties concerned, and within one month from the date of accepting the application, register those who meet the divorce conditions, issue divorce certificates and cancel their marriage certificates. Although this is a time requirement put forward by the law to prevent the registration from being delayed for a long time, it objectively gives calm consideration to the parties applying for divorce. During the review, if both parties gain the knowledge of reconciliation, they should be allowed to withdraw their divorce applications.

(3) Registration

After examination, the marriage registration authority shall register the divorce application that conforms to the Marriage Law and the Regulations on the Administration of Marriage Registration, issue a divorce certificate and cancel the marriage certificate. The parties shall dissolve the relationship between husband and wife from the time they receive the divorce certificate. If it does not conform to the provisions of the Marriage Law and the Regulations on the Administration of Divorce Registration, the marriage registration authority shall not register it. If the marriage registration authority refuses to register the application for divorce registration of the parties concerned, it shall give a written explanation of the reasons for not registering.

After both men and women register for divorce, if one party repents of the legally effective divorce agreement and the handling of children and property issues, it shall apply to the original marriage registration authority for settlement. Only when the original marriage registration authority cancels the divorce registration can the people's court accept it. If the original marriage registration authority does not cancel the divorce registration, the people's court shall not accept it, but shall inform the parties concerned to apply to the original marriage registration authority for cancellation of the divorce registration.

If a party applying for divorce defrauds the divorce registration by deception, the marriage registration office shall cancel the divorce registration, declare the dissolution of the marriage relationship invalid, withdraw the divorce certificate, and impose a fine of not more than 200 yuan on the party concerned.

Second, the time of divorce by agreement

"Marriage Registration Regulations" Article 13 The marriage registration authority shall examine the certificates and certification materials issued by the parties involved in divorce registration and ask about the relevant information. If the parties do divorce voluntarily and reach an agreement on issues such as child support, property and debts, they shall register on the spot and issue a divorce certificate.

3. When will the divorce agreement take effect?

After both men and women sign the divorce agreement, both parties must apply for divorce at the marriage registration office. The marriage registration machine examines whether it meets the conditions of divorce by agreement according to the conditions of divorce by agreement. The divorce certificate is issued immediately, and the divorce agreement becomes legally effective.

Legal objectivity:

Article 16 of the Regulations on the Administration of Marriage Registration stipulates that the marriage registration authority shall examine the divorce application of the parties concerned, and within one month from the date of accepting the application, register those who meet the divorce conditions, issue divorce certificates and cancel their marriage certificates. The parties shall dissolve the relationship between husband and wife from the time they receive the divorce certificate. In addition, if a divorced party fails to perform its due obligations in accordance with the divorce agreement, the other party may bring a civil lawsuit to the people's court.