Insights

Process, Material and Time of Divorce by Agreement in Ningbo

Ningbo Author：LuXu WANG

A couple came in for a consultation: they have reached a mutual agreement and decided to divorce by mutual consent. They thought that once they signed the agreement, they could obtain their divorce certificate on the spot at the Civil Affairs Bureau. However, they were informed by the staff that they would have to go through a 30-day cooling-off period and attend two separate appointments to complete the process. Many people have misconceptions about the procedures, required documents, and timeframes for divorce by mutual agreement, and inadequate preparation can easily result in multiple unnecessary trips. The conclusion first said: both parties must jointly apply to the marriage registration authority for divorce by agreement. after a 30-day cooling-off period, they will jointly apply for a divorce certificate within 30 days from the expiration of the cooling-off period. it will take 31 days at the earliest from the application to the license. The materials are centered on the ID card, marriage certificate and written divorce agreement. If one party withdraws or fails to obtain the certificate within the time limit, the procedure will be terminated. This article, in conjunction with the Civil Code and the newly revised Regulations on Marriage Registration (effective May 10, 2025), outlines the entire process.

1. Legal conditions and basis for divorce by agreement

Article 1,076 of the Civil Code provides: “Where both spouses voluntarily seek divorce, they shall enter into a written divorce agreement and personally apply for divorce registration at the marriage registration authority.” A divorce agreement shall set forth the parties’ mutual expression of intent to divorce voluntarily, as well as their mutually agreed-upon arrangements regarding child custody, property division, and the settlement of debts. Article 1,077 stipulates: “Within thirty days from the date the marriage registration authority receives the application for divorce registration, either party who no longer wishes to divorce may withdraw the application.” Within thirty days after the expiration of the period prescribed in the preceding paragraph, both parties shall personally apply to the marriage registration authority for the issuance of a divorce certificate; failure to do so shall be deemed a withdrawal of the divorce registration application."

Accordingly, the divorce by agreement must meet four conditions at the same time: ① both parties have a legal and effective marriage relationship; ② both parties have full capacity for civil conduct; ③ both parties divorce voluntarily and reach a consensus on matters such as child support, property division and debt handling; ④ the content of the divorce agreement is legal and does not harm the interests of the state, the collective or the third party. Article 13 of the newly revised "Regulations on Marriage Registration" (Decree No. 804 of the State Council) reiterates "signing a written divorce agreement + applying jointly in person". Article 14 makes it clear that three situations will not be accepted: those who fail to reach a divorce agreement; those who are persons without or with limited capacity for civil conduct; marriage registration is not handled in mainland China. The third provision means that couples who registered their marriage abroad generally cannot file for a divorce by mutual agreement at civil affairs authorities on the Chinese mainland and must instead pursue litigation.

2. Complete breakdown of the four-step process: application → cooling-off period → certificate issuance → termination circumstances

  1. Step 1: Joint application. Both parties personally go to the marriage registration authority that has the right to accept the divorce registration application, and submit the ID card, marriage certificate, written divorce agreement and other materials (for handling between mainland residents, the 2025 regulations no longer require the "permanent residence of one party" to be limited. Under the normalization of inter-provincial general offices, one party holding a valid residence permit at the place of residence can also apply at the place of residence, subject to the standard of the accepting authority). If the registration authority finds that the submitted materials are complete and meet the requirements for acceptance, it shall issue a Receipt of Acceptance of Divorce Registration Application. The divorce cooling-off period shall commence from the date of receipt of the application.
  2. Step 2: 30-day cooling-off period. Within 30 days from the date the registration authority receives the application, either party who no longer wishes to divorce may, by presenting their identification and the acceptance receipt, submit a written request to withdraw the divorce registration application to the accepting authority (by completing the “Application for Withdrawal of Divorce Registration Form”), whereupon the procedure shall be terminated. The purpose of the cooling-off period system is to prevent impulsive divorces, during which both parties may continue to negotiate arrangements regarding children and property.
  3. Step 3: Obtain the certificate jointly within 30 days.. Within 30 days after the expiration of the cooling-off period, both parties shall personally go to the same marriage registration authority that accepts the divorce registration application and jointly apply for the issuance of a divorce certificate; the registration authority shall check that the divorce is indeed voluntary and has reached an agreement on the handling of children's support and property debts. Register and issue certificates on the spot (Article 16 of the Regulations).
  4. Step 4: Termination and Reapplication. If one party withdraws during the cooling-off period, or if both parties fail to jointly present and collect the certificate within 30 days after the expiration of the cooling-off period (deemed to be withdrawn), the divorce registration procedure shall be terminated; If you still want to agree on divorce, you need to resubmit the application and recalculate the cooling-off period. If you don't want to wait any longer, you can transfer to litigation for divorce.

Timeline summary: application date +30-day cooling-off period +30-day licensing period, with a minimum of 31 days for licensing; if any party is "absent" (withdrawn or overdue) in any link, the whole process will return to zero and start again.

3. List of Materials and Important Notes

According to Article 15 of the newly revised Regulations, mainland residents applying for divorce registration shall present: (1) their resident identity card; and (2) their marriage certificate. Residents of Hong Kong, Macao, and Taiwan, overseas Chinese, and foreigners must also present a valid travel permit, passport, or other identification documents. It should be noted that:The household registration book is no longer a mandatory document for divorce registration as listed in the regulations.(compared with the "residence booklet, identity card, marriage certificate and divorce agreement" required by article 11 of the 2003 edition regulations), but the written divorce agreement still needs to be signed and submitted (article 1076 of the civil code and article 13 of the regulations), and whether the photos and residence booklet still need to be subject to the current requirements of the accepting authority.

Suggested preparations in practice: original and photocopy of both parties' ID cards, original and photocopy of marriage certificate, written divorce agreement (in triplicate, one for each party and one for the registration authority), recent bareheaded photos (according to local requirements), household registration book (some registration authorities still require verification, and it is recommended to bring them for standby). The entire process of registering for a divorce by mutual consent is free of charge.

4. Essential content and writing guidelines for a divorce agreement

The divorce agreement is the core document for a consensual divorce; it is recommended that each item be clearly set forth.

  1. Basic information of both parties and details of marriage registration (names, ID numbers, marriage certificate number);
  2. A clear expression of intent to divorce voluntarily;
  3. Child Custody: Determination of custody rights, amount and method of payment as well as the duration of child support, and arrangements for visitation (timing, manner, and obligations to cooperate).
  4. Division of marital joint property: Real estate (ownership attribution, transfer deadline, amount of compensation and payment schedule), vehicles, bank deposits, financial investments, equity interests, and the cash value of insurance policies shall be listed item by item.
  5. Method of assuming marital joint debts (listing the debt schedule and each party’s respective scope of repayment);
  6. Other Agreements: Household registration transfer, right of residence in the property, allocation of children’s education and medical expenses, provisions on liability for breach of contract (e.g., liquidated damages for late transfer of ownership or late payment), etc.

Key points of writing: property description should be specific to "location + certificate number + share" to avoid vague expressions such as "each under its own name belongs to its own"; alimony should specify the standard and payment date; agree on the liability for breach of contract and install "teeth" on the terms; if the property transfer and equity change are involved, the time limit for tax liability and handling should be specified to prevent the other party from not cooperating after divorce. Agreements whose contents are unlawful (such as provisions that deprive one party of visitation rights or impair the creditors’ rights of third parties) may be deemed invalid or subject to rescission.

5. List of Common Loopholes in Divorce Agreements

Disputes occur frequently after the agreement divorce, most of which are due to the "blank" of the terms of the agreement, which are checked one by one:

  1. The expression of property is vague -- "The property under each name belongs to each other" "The house belongs to the woman" The location and certificate number are not written, the time limit for transfer is not agreed, and the execution is wrangling; the address of the property, the title certificate number, the license plate of the vehicle and the information of the account should be written.
  2. Missing property types-only write houses and cars, omitting new types of property such as provident fund, enterprise annuity, cash value of insurance policies, equity options, Taobao Jingdong store, etc., and later finding that it is time-consuming and laborious to recover; it is recommended to make a list item by item.
  3. Unclear debt settlement—merely stating “the debts shall be borne by the male party” without providing a detailed debt schedule; banks and creditors may still seek repayment from either party. A comprehensive list should specify the principal amount, creditor, and repayment arrangements for each debt, and clearly indicate any internal right of recourse.
  4. The maintenance fee and visitation right are in the air-there is no agreement that the maintenance fee will be adjusted with the price and income, the visiting time and mode are not agreed, or the agreement that "you can't visit without the maintenance fee" (invalid); the right to visit is blocked should be negotiated or sued separately, and cannot be bound with the maintenance fee.
  5. No liability for breach of contract—there are no penalty clauses for the other party’s failure to transfer ownership or make payment on time, resulting in insufficient deterrence; specify the standard for late-payment penalties and the manner in which they are to be borne.
  6. Verbal agreements not put in writing—such as “He agreed to give me an additional 200,000 privately”—are not recorded in the divorce agreement and will be difficult to enforce without written proof after the divorce; all arrangements should be documented in the agreement and registered for record.

6. The timeline from application to certificate issuance

The divorce by agreement can be completed in the shortest 31 days: on the first day, both parties jointly apply (issue acceptance receipt), the second to 31st day is the cooling-off period (30th day), the 31st day will enter the 30-day license period, and the earliest 31st day will be the license. If either party withdraws during the cooling-off period, the process will be terminated and a new application must be submitted (with the cooling-off period recalculated); if either party changes their mind and fails to appear within the certificate issuance period, it will be deemed as a withdrawal upon expiration. Suggestions in time planning: ① Set the expiration date of the cooling-off period as the "confirmation date", and both parties will reconfirm their wishes and agreement contents before the expiration; ② Set the deadline for obtaining the license as the "bottom line day", and make an appointment in advance and reserve leave time; ③ If inter-provincial affairs are involved, confirm the residence permit and materials in advance to avoid missing pieces on the spot.

7. Handling "variables" and protecting rights during the cooling-off period

The 30-day cooling-off period serves as a buffer, but it may also become a window for one party to delay or exert pressure. Three scenarios should be anticipated in advance:

  1. Withdrawal by one party during the cooling-off period: Either party has the right to withdraw, and the divorce is terminated after the withdrawal. If the other party still wants to divorce, he can apply for a new divorce (recalculate the cooling-off period) or directly to the court-the proceedings are not affected by the "withdrawal of the agreement", and the negotiated property children's plan can be submitted to the court as the basis for mediation.
  2. Domestic violence or property transfer during the cooling-off period: The cooling-off period does not block the protection of personal and property-those who suffer from domestic violence or face real danger of domestic violence can immediately report to the police and apply for personal safety protection order to the court (not based on divorce proceedings); those who find that the other party transfers deposits and sells real estate can apply for property preservation or directly file a lawsuit for division of common property within marriage (Article 1066 of the Civil Code), without waiting for the cooling-off period to end.
  3. One party dies or becomes incapacitated during the cooling-off period.: If one party dies, the marriage will naturally terminate, the divorce registration procedure will not continue, and the estate will be treated as inheritance; if one party loses capacity due to sudden illness during the cooling-off period, and does not meet the conditions for divorce by agreement (full capacity for civil conduct is required), the guardian will be transferred to handle the case as legal agent or settle the case through litigation.

regard withdrawal as "unfinished negotiation" rather than "divorce failure" -- the more detailed the property plan is discussed, the smaller the variables of the cooling-off period will be; if the negotiation is not complete, turn to litigation in time to avoid the empty consumption period in the civil affairs link.

8. Frequently Asked Questions

Can I get a certificate on the day of divorce?

No. According to Article 1077 of the Civil Code, an agreed divorce must go through a 30-day cooling-off period. After the expiration of the cooling-off period, both parties must be present together within 30 days to obtain the certificate. From the application to the license, the fastest 31 days; If either party withdraws or fails to obtain the license after the expiration of the cooling-off period, the procedure shall be terminated.

During the cooling-off period, can one party go back on his word and the other party get the license alone?

No. Either party has the right to withdraw during the cooling-off period; even if the cooling-off period expires, both parties must be present to apply for a divorce certificate, and neither party can complete the registration without being present. If one party insists on not divorcing, the only option is to proceed with a divorce through litigation.

Can I write my own divorce agreement?

can be written by oneself, but it involves important matters such as property division, child support, debt treatment, etc. The terms are not rigorous (vague expression, missing property, no liability for breach of contract), and it is easy to leave back trouble. It is recommended to verify each item against the essential checklist provided above; for complex major assets, it is advisable to have them reviewed by professionals before finalizing.

When does the cooling-off period start?

Thirty days from the date the marriage registration authority receives the application for divorce registration (Article 1077 of the Civil Code). The license window 30 days after the expiration of the period shall also be subject to this, and the specific caliber of the extension in case of holidays shall be subject to the reply of the accepting authority. It is suggested to write down both time nodes to avoid missing the license period.

Can a divorce agreement be amended after it has been filed with the Civil Affairs Bureau?

After the divorce registration is completed, the agreement has come into force and is binding on both parties; if one party goes back on his word and requests to change or revoke the property division clause, it must prove that there are fraud, coercion and other circumstances at the time of conclusion (Article 70 of the (I) of interpretation), otherwise it is difficult to obtain support. Be careful before signing the agreement.

9. Practical insights from a lawyer's experience

Agreement The simplest pit of divorce is to think that you can get the certificate on the day you sign the agreement. In fact, it is two trips: first, both parties jointly submit an application to the registration authority to enter the 30-day cooling-off period, and then jointly arrive at the scene to apply for a divorce certificate within 30 days after the expiration, which will take more than one month at the earliest. The materials take identity documents, marriage certificates and written divorce agreements as the core. If there is no one, the wrong jurisdiction, or only one party is present, it will be returned. Therefore, when planning the time, first arrange at least twice to be present and span more than a month. Don't arrange moving, changing jobs and children's transfer to school at the juncture before getting the license.

The complete materials are only the passing line, and the divorce agreement is not true, so it is decided whether it will go smoothly or not. The places where mines are easy to be buried are concentrated in several places: the property is only owned by each other but not listed, the house owner does not mention who will continue to repay the loan, the alimony does not include the payment time and account, the frequency of visits and the handover method. Every sentence of the agreement must be followed directly in the future. Otherwise, if one party does not cooperate, you will have to fight a lawsuit to turn the agreement into something that can be implemented. Therefore, before submitting the application, check the agreement as an operation list to be executed and correct the vague wording one by one.

The cooling-off period is not passive waiting, and several variables should be thought out in advance.If the other party withdraws halfway, the procedure will be terminated. You can only find another way to leave. Therefore, the communication records and traces of negotiation willingness should be kept. If one party fails to show up during the license window, it will be deemed to have withdrawn after the deadline, which also means starting over. If you are worried about the other party's transfer of property during the negotiation period, you should sort out the clues as soon as possible, transfer the lawsuit and apply for preservation if necessary, and do not expect a paper agreement to automatically lock the property. Whether the agreement divorce goes smoothly or not depends half on whether you have the time node and materials in your hand.

Divorce by agreement is a double project of "negotiation + procedure": firstly, the arrangement of child support and property and debt is negotiated and written into a written agreement, and then it is promoted according to the rhythm of "application → cooling-off period of 30 days → joint certification within 30 days". Both parties hold two time points together. The materials take the ID card, marriage certificate and written divorce agreement as the core, and confirm the acceptance organ, materials and appointment method through official channels before handling, so as to avoid running empty and white.