1. Does an agreement divorce require the presence of both parties?
Both parties must personally go to the marriage registration authority to jointly file an application for divorce registration. Divorce is a legal act of major changes in family and marital relations. It involves various rights of the parties involved in divorce. It is an important civil legal activity. It is not allowed to be represented or replaced, so as to achieve the purpose of safeguarding all the interests of the parties.
2. What are the conditions for applying for divorce by agreement?
1. The parties shall be legal couples and have full civil capacity.
(1) The parties to an agreement divorce shall have the legal status of husband and wife. Where a divorce is handled by agreement, it shall be limited to the parties who have registered their marriage according to law. It does not include unmarried cohabitants and couples illegally cohabiting with other people, nor does it include both men and women in "de facto marriage" without marriage registration. According to the provisions of Article 18 of the Regulations on the Administration of Marriage Registration, if a man or woman who has not registered for marriage applies for divorce registration, the marriage registration administration organ shall not accept it. Disputes concerning identity, as well as disputes concerning children and property may be referred to the people's court for settlement.
(2) Both parties to an agreement divorce shall have full civil capacity. Only those with full civil capacity can deal with their own marital problems independently. If one party or both parties want to limit the capacity of civil conduct or have no capacity of civil conduct, that is, psychiatric patients and dementia patients, they do not apply the divorce agreement procedure, but only apply the litigation procedure to deal with the divorce issue, in order to safeguard the legitimate rights and interests of the parties who do not have full capacity of civil conduct.
2. Both parties to an agreed divorce must have the common will to divorce.
"Both parties voluntarily" is the basic condition of divorce by agreement. The parties to divorce by agreement should have the same divorce intention. This will must be true rather than false; it must be self-made rather than fraudulent, coercive or gross misunderstanding by the other party or third party; it must be consistent rather than divergent. If one party requests a divorce, the marriage registration administration organ will not accept it and can only resolve the dispute through litigation divorce.
3. The issue of children and property has been properly dealt with.
"Adequate treatment of children and property issues" is a necessary condition for divorce by agreement. If the parties to the marriage relationship can not reach an agreement on the children and property issues after divorce and make appropriate treatment, they can not divorce through the marriage registration procedure, but only through the litigation procedure.
Divorce is a means of dealing with the personal relationship between husband and wife. Whether it is an agreement divorce or a lawsuit divorce, ultimately it is to achieve the purpose of dissolving the marriage relationship. In agreement divorce, both men and women are required to have the will to divorce, and then go to the marriage registration agency to go through the formalities. It also requires both parties to go together, but can not entrust others to handle the divorce formalities on their behalf.