Article 31 of the Marriage Law: If both men and women divorce voluntarily, divorce shall be granted. Both parties must apply for divorce at the marriage registry. When the marriage registration office finds out that both parties really want and have properly handled the children and property issues, it will issue a divorce certificate.
Article 32 If a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has really broken down and mediation fails, divorce shall be granted.
In China, there are two ways of divorce: divorce by agreement and divorce by litigation. Accordingly, the former is proved by the divorce certificate issued by the Civil Affairs Bureau, and the latter is determined by the divorce judgment issued by the court.
Extended data:
In the pilot work of family reform in China since 20 16, many grass-roots courts began to implement the divorce certificate system, which achieved good results and was affirmed by the Supreme Court.
1, the difference between divorce judgment and divorce certificate:
After the court makes a judgment on the divorce dispute, it will serve the divorce judgment on both parties. In addition to the court's judgment, the family conflicts, property division and child support disputes between the two parties are the factual basis of the court's judgment, and they are also expressed in the judgment.
The divorce certificate only records the basic information such as the name, gender, ID number and case number of the legal documents in force by both parties, and does not involve the specific factual details of the case. It is a "slimming version" of the judgment.
2. The divorce certificate and the divorce judgment have the same legal effect:
The divorce certificate shall be issued by the court and stamped with the seal of the court. If the parties need to show their divorce certificates, they can use them directly. Divorce certificate and divorce judgment have the same legal effect.
References:
Baidu Encyclopedia-China People's Marriage Law