divorce lawyer
English Speaking Chinese Lawyer for family law issues
Your current position:Home >> News & Articles

How many ways are there to end an unhappy marriage in China

  • Time:2018-01-05
  • counter:2216
How many ways are there to end an unhappy marriage in China
There are generally two ways to end a marriage, divorce by agreement and divorce by litigation;
1.Divorce by agreement is a mutual termination of the marriage relationship by the couple, with community property division and child support issues settled in one agreement.
Once a divorce agreement is entered into, the two parties need to go to the marriage registration office to register their divorce. With all materials submitted and certain forms fulfilled, the Marriage Registration Office will issue a divorce certificate. The general  requirements for divorce registration are as  stated below:
 1.The registration office must have jurisdiction;
 2.Both parties must have full capacity of civil conduct;
 3.The original marriage certificate and both parties’ identification card together with the one copy must be shown to the officer;
 4.The birth certificate of the child must be shown to the officer to prove the child-parent relationship;
 5.Divorce agreement entered into;
Although divorce by agreement is an approach with perfect Chinese legal ground, divorce by agreement may not be recognized in certain countries, especially in countries whether divorce is required to be reviewed by the court.
2.Divorce by litigation
The approach of divorce by litigation is generally used where mutual termination of marriage does not work. If there is any dispute in either termination of the marriage relationship, the division of community property, child support or common debts, the way of divorce by agreement will not work and the legal proceeding of divorce will be unavoidable.
The judge will look into the status of marriage relationship first and then decide other issues like child support and community property. The procedure of litigation is much more complicated than divorce by agreement as the judge must first be convinced of the irreparable breakdown of the marriage relationship and there are very few situations where the judge can rule divorce.
34F, Huaneng Union tower, 958 Lujiazui Ring Rd, Shanghai, 200120, P.R. China 豫ICP备10204199号-3