Divorce is a helpless choice when a marriage comes to an end. For some families, marriage is happiness and warmth, but for some families it is depression and pain...
Divorce is the best choice for a marriage without happiness. The "Civil Code" will take effect on January 1, 2021, and the "Marriage Law of the People's Republic of China" will take effect until December 31, 2020. At that time, this regulation Replaced by the Civil Code.
Conditions for divorce under the new Marriage Law
Before December 31, 2020, divorce was based on the "People's Republic of China According to the provisions of the "Marriage Law", after 2021, divorce will be based on the provisions of the "Civil Code of the People's Republic of China". Therefore, the "Part Five Marriage and Family" law in the "Civil Code" is commonly known as the "New Marriage Law".
Chapter 5 of the Civil Code on Marriage and Family stipulates that if mediation fails under any of the following circumstances, divorce shall be granted:
(1) Bigamy or cohabitation with others;
(2) Committing domestic violence or abusing or abandoning family members;
(3) Gambling or taking drugs Waiting for bad habits to persist despite repeated admonishment;
(4) Living apart for more than two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party files for divorce, the divorce shall be granted.
After the people's court has ruled against divorce, and the two parties have lived apart for one year, and one party files a divorce lawsuit again, the divorce shall be granted.
If you want to learn more professional marriage maintenance skills, join to help you maintain a happy marriage.
Divorce Process in 2021
1. You need to register before divorce, and you need to wait for at least 30 days after the registration is completed. Geniuses can receive certificates, which is often called a cooling-off period.
2. If both parties do not appear at the same time within the second 30 days, it means that the divorce application has been given up. In this case, the longest time is 60 days.
3. If the marriage registration agency finds out that both parties have indeed divorced voluntarily and have reached an agreement on child support, property, debt settlement and other matters, it will register the marriage and issue a divorce certificate.
4.
If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court. When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.