Divorce registration shall be governed by the principle of territorial jurisdiction.
Article 5 The jurisdiction of marriage registration shall be divided by administrative regions.
(a) the marriage registration between mainland residents with permanent residence within their respective administrative areas shall be handled by the civil affairs departments of the people's governments of counties, cities not divided into districts and municipal districts.
The provincial people's government may, according to the actual situation, require the township (town) people's government to handle the marriage registration between mainland residents with permanent residence in their township (town).
Substantive conditions of divorce by agreement
(1) Main contents. Legal spouse who is legally registered for marriage. That is, it does not include both men and women who live together illegally, nor does it include de facto marriage.
(2) Elements of divorce agreement. The requirement of "mutual consent", that is, the husband and wife reach an agreement on divorce, must be true and voluntary. The expression of divorce is invalid because of fraud, coercion or major misunderstanding of the other party or others.
(3) Other requirements. The legal requirements of "children and property issues have been properly handled" must be met. "Properly handling" refers to the agreement reached by both parties on child support and property issues. Among them, children's problems should be properly handled, including who should bear the responsibility of guardianship of minor children, how to pay for their upbringing and education, and whether their surnames have changed. Property issues, including the rational division and disposal of property, the sharing of debts, the allocation of housing, and economic assistance to the needy party.
In addition, if the two parties fail to negotiate, they can only sue for divorce through the court, and they need to go to the court where the other party's domicile or habitual residence is located to sue for divorce. Need ID card, household registration book, marriage certificate, complaint and other materials.
About property: personal property belongs to individuals before marriage and does not participate in division when divorced. The property obtained after marriage generally belongs to the joint property of husband and wife, and is divided equally at the time of divorce. However, the law stipulates that some property does not belong to the joint property of husband and wife.
Custody: children under two years old follow their mothers in principle; Between the ages of two and ten, it is comprehensively recognized on the principle of medical care, education and healthy growth of future children; Children over the age of ten mainly depend on their own wishes.
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