What materials are needed for Ningbo foreign-related marriage and divorce agreement

When a foreign-related marriage comes to the stage of divorce by agreement, the most headache for the parties is often not "whether they want to leave", but "the materials are not complete, where to go and how long it will take". Conclusion first: in Ningbo, the divorce registration of foreigners, Hong Kong, Macao and Taiwan residents and overseas Chinese is handled centrally by the marriage registration office of Ningbo Civil Affairs Bureau, and the acceptance place is in the foreign marriage registration area on the 3rd floor of Ningbo Administrative Service Center. Both parties must be present in person, including their respective identity documents, marriage certificate, divorce agreement signed jointly, etc. The process is application-acceptance -30-cooling-off period-review-registration and certification, free. If one item of material is missing or the certificate expires one day, it is possible to make a trip for nothing. This article is sorted out in the order of "who can do it, what to bring, how to go, and what to do if not.

Who Can Do 1.: Legal Basis and Registration Authority

article 10, paragraph 2, of the Marriage Registration Ordinance stipulates: "where a Chinese citizen and a foreigner divorce voluntarily in mainland China, and a mainland resident and a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese divorce voluntarily in mainland China, both men and women shall jointly register for divorce at the marriage registration authority where the permanent residence of the mainland resident is located. "Accordingly, the handling of a divorce by foreign-related agreement requires three prerequisites: first, the parties voluntarily divorce and agree on child support, property, and debt settlement(Article 1076 of the Civil Code requires that the divorce agreement state the intention of voluntary divorce and the consensus opinion on matters such as child support, property and debt settlement); second, one party is a resident of mainland China and has a permanent residence in the place where it is processed. That is, the marriage of Ningbo residents with foreigners, Hong Kong, Macao and Taiwan residents or overseas Chinese can be handled in Ningbo; third, the two sides were able to come together in person. Divorce registration does not allow agency. What needs to be reminded is that if the original marriage registration was not handled in mainland China, divorce cannot be agreed at the mainland marriage registration authority, and can only be resolved through litigation. Ningbo implements centralized handling of foreign-related (including Hong Kong, Macao, Taiwan and overseas Chinese) divorce registration, which is accepted by the marriage registration office of Ningbo Civil Affairs Bureau. The place is located in the foreign-related marriage registration area on the 3rd floor of Ningbo Administrative Service Center (1901 Ningchuan Road, Fuming Street, Yinzhou District, Ningbo City). The contact numbers are 0574-87187032 and 0574-87187003. The handling time is 8:30-12:00 and 13: 00 (according to the Ningbo Municipal Civil Affairs Bureau's "Divorce Registration Service Guide for Foreigners, Hong Kong, Macao and Taiwan Residents, and Overseas Chinese").

List of 2. materials: what are prepared by both parties

according to Article 11 of the Marriage Registration Ordinance and Ningbo Local Affairs Guidelines, the materials to be submitted for divorce by agreement are classified as follows:

1. mainland residents: my residence booklet, ID card; my marriage certificate; divorce agreement signed by both parties.
2. Hong Kong residents, Macao residents, Taiwan residents: In addition to the marriage certificate and divorce agreement, you should also issue your valid pass and ID card.
3. Overseas Chinese and foreigners: In addition to the marriage certificate and divorce agreement, they should also issue their valid passports or other valid international travel documents.

In addition to the above documents, according to the service guidelines of Ningbo Civil Affairs Bureau, it is also necessary to submit the "Application for Divorce Registration", "Declaration for Divorce Registration" (one for each party), two 2-inch single person's recent half-length bareheaded identification photos for each party, and one original divorce agreement (two copies on site). Among them, the content of the divorce agreement should include the intention of both parties to divorce voluntarily, child support arrangements, common property and opinions on the handling of creditor's rights and debts; If the property agreement is not clear, secondary disputes may arise after divorce. It is suggested that the ownership of real estate, deposits, equity and overseas property should be clearly written in the agreement. Common problems in documents include: insufficient validity of passports and passes, inconsistent information between ID cards and household registration books, loss or damage of marriage certificates, etc. It is recommended to check in advance and telephone consultation and confirmation before handling.

3. processing process and deadline: cooling-off period is a hard bar.

The process of divorce by foreign-related agreement is consistent with the divorce registration of mainland residents, but a cooling-off period must be reserved. According to Article 1077 of the the People's Republic of China Civil Code, within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration authority; within 30 days after the expiration of the aforementioned time limit, Both parties shall apply to the marriage registration authority in person to issue a divorce certificate. If they fail to apply, the application for divorce registration shall be deemed to have been withdrawn. that is to say, from the time of submitting the application to the time of obtaining the license, it will take 30 days at the earliest, and both parties must be present to obtain the license within 30 days after the expiration of the cooling-off period., the application for missing the window period will become invalid and needs to be reapplied. According to the marriage registration data of Ningbo Civil Affairs Bureau, the 18189 and withdrawal rate of divorce applications in Ningbo in 2022 is 37.8-it is not uncommon to withdraw during the cooling-off period. The parties concerned should make rational evaluation to avoid repeated tosses of withdrawal after impulsive application. There is no charge for handling, and the appointment can be made through the "Zhejiang Office" APP "Zhejiang Marriage"-"Marriage Registration Online Appointment" system. Successful appointment does not mean acceptance, and both parties must still be present in person.

4. can't do an alternative path in the event of an agreed divorce.

Not all foreign-related marriages can go through the agreed divorce channel: one party cannot return to the country abroad to be present together, the two parties cannot reach an agreement on children or property, the marriage registration is not handled in mainland China, and one party is a person without civil capacity. At this time, divorce should be resolved through litigation: the people's court with jurisdiction (usually the primary court of the defendant's domicile or habitual residence, and the special arrangement of centralized jurisdiction of foreign-related civil and commercial affairs is not applicable to divorce cases involving identity relations, as determined by the general rules of jurisdiction for divorce cases). If a foreign party is unable to appear in court, it can be handled in accordance with the provisions of the Civil Procedure Law on foreign-related service and trial. The process is more complicated and the cycle is longer. For parties who are unable to be present abroad but have reached an agreement through consultation, they may also consider entrusting a domestic agent to assist in handling the proceedings (the identity act itself still needs to express their will, and the marriage relationship can be dissolved by the effective judgment document after the divorce is decided, and there is no need to go through the divorce registration). Choosing an agreement or a lawsuit, it is recommended to combine factors such as whether one party can be present, the size of the dispute, and the cost of notarization and certification of overseas documents.

Three practical issues beyond 5. materials

in addition to the list of materials, there are three high-frequency practical issues related to foreign-related agreement divorce. First, notarization and certification of overseas documents-if the marriage certificate of the foreign party is issued by an overseas institution and has not been certified, or if the foreign language documents need to be translated, the certification and Chinese translation shall be completed before processing; you can consult the Chinese embassy (consulate) abroad or the domestic foreign-related notary institution for specific procedures and reserve time in advance. Second, the cooling-off period is also applicable to foreign-related affairs-many parties think that foreign-related divorce can bypass the cooling-off period, but in fact, the 30-day cooling-off period of Article 1077 of the Civil Code and the 30-day licensing window after the expiration of the cooling-off period are treated equally for foreign-related registration, and the time arrangement must be fully reserved. Third, the matching of the place of processing and household registration-according to the marriage registration regulations, the divorce by foreign-related agreement must be handled at the marriage registration authority of the "place of permanent residence of mainland residents", that is, the Ningbo party must be Ningbo household registration before it can be handled at the Ningbo Civil Affairs Bureau; if the Ningbo party's household registration is out of town, it should be handled at the municipal civil affairs department where its household registration is located, and cannot be handled in Ningbo. By sorting out these three things, we can avoid the embarrassment of "having the materials together but not being able to do it.

6. FAQ

how long does it usually take to complete a divorce by foreign-related agreement?

Counting from the submission of the application, the license can only be obtained after about 30 days (cooling-off period) at the earliest, and both parties must be present within 30 days after the expiration of the cooling-off period; plus the time for material preparation, appointment and certificate verification, the actual cycle is usually one to Two months. If the certificate needs to be notarized or translated, the corresponding time shall be reserved separately.

The marriage certificate is issued by a foreign country. Can divorce be agreed in Ningbo?

It cannot be done directly. The Marriage Registration Regulations stipulate that a marriage certificate issued by the Mainland marriage registration authority or Chinese embassies (consulates) abroad must be held; a marriage certificate issued by a foreign country must be certified and the corresponding procedures must be completed. In practice, it is usually necessary to confirm the marriage relationship through litigation before processing For divorce matters, it is recommended to consult the marriage registration authority in advance.

If one party is unable to be present outside the country, can he entrust another person to handle the divorce by agreement?

Can't. Divorce registration requires both parties to be present together in person and is not allowed to entrust an agent. If one cannot be present, one can only take the path of divorce through litigation. The overseas party can entrust an agent ad litem according to law, but the divorce intention involving the identity relationship still needs to be expressed by one's true intention.

What if I go back on my word during the cooling-off period? Can I apply again later?

During the cooling-off period, either party may unilaterally withdraw the application and the marriage relationship will continue to exist after the withdrawal. If you still want to divorce later, you can resubmit the application and recalculate the cooling-off period. Multiple applications, withdrawal does not affect the right to apply again, but should pay attention to the rational treatment of marriage.

The divorce agreement involves overseas real estate, will the mainland registration authority handle it?

The marriage registration authority only examines whether the contents of the agreement contain the unanimous handling opinions of both parties, and is not responsible for the transfer and execution of overseas property. The disposition of overseas real estate shall be handled in accordance with the law of the place where the property is located. The agreement proposes to specify the handling method and cooperation obligations, and if necessary, consult and deal with cross-border property arrangements separately.