Insights

Ningbo Divorce Whole Process Schedule Agreement vs Litigation

Ningbo Author：LuXu WANG

There are two legal paths to divorce: divorce by agreement and divorce by litigation. Many people think that divorce by agreement must be faster, but they do not know that divorce by agreement also has a 30-day cooling-off period and a 30-day license period. Some people have also heard that divorce in litigation takes one or two years, but in fact, if both parties cooperate and the evidence is sufficient, some cases can be resolved within a few months. Which path to choose depends on whether the parties can agree on divorce, child support, and division of property. This paper takes Ningbo as an example to sort out the complete process and key time nodes of the two paths.

Prerequisites for the application of divorce by 1. agreement

agreed divorce requires both parties to divorce voluntarily and reach an agreement on matters such as child support, property division, and debt settlement. Article 10176 of the the People's Republic of China Civil Code stipulates that if a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person.

Must be handled by both parties in person

to apply for divorce registration and to obtain a divorce certificate after the expiration of the cooling-off period, both parties need to be present in person and cannot entrust others to do so. If either party withdraws the application during the cooling-off period, or fails to be jointly present during the license period, the divorce proceedings by agreement shall be terminated.

Necessary content of divorce agreement

the divorce agreement shall state the intention of both parties to divorce voluntarily and the consensus opinions on matters such as child support, property and debt settlement. The content of the agreement should be specific and clear, avoiding the use of overly broad expressions such as "the property in their respective names belongs to them", which may omit important property or bury the potential for subsequent disputes.

Complete process and timetable for divorce by 2. agreement

the first step is to agree and sign a written divorce agreement. The consultation time varies from person to person, which may be several days or months. In the second step, both parties bring their ID cards, household registration books, marriage certificates, and divorce agreements to the marriage registration authority to apply for divorce registration. After the marriage registration authority has passed the preliminary examination, it will issue a "divorce registration application acceptance receipt". The third step is to enter a 30-day divorce cooling-off period, counting from the date when the marriage registration authority receives the application for divorce registration. Any party may unilaterally withdraw the application during the cooling-off period. In the fourth step, within 30 days after the expiration of the cooling-off period, both parties jointly apply to the marriage registration authority for the issuance of a divorce certificate. In the fifth step, after the marriage registration authority has passed the examination, it will issue a divorce certificate on the spot and dissolve the marriage relationship.

The shortest and longest time

in theory, divorce by agreement can be completed as soon as 31 days: the license can be obtained on the first day after the expiration of the 30-day cooling-off period. However, if the application is not jointly attended for more than 30 days, the application will be deemed withdrawn and the complete process will need to be resumed. Therefore, the full cycle of divorce by agreement is usually between thirty-one and sixty days.

Ningbo Handling Location

all districts and counties in Ningbo have marriage registration offices, and both husband and wife can choose to go to the marriage registration authority where one party's permanent residence is located. Some districts and counties support online reservation, and it is suggested to inquire about the handling requirements and reservation methods through Zhejiang government service network or relevant clients in advance.

The complete process and timetable of 3. litigation divorce.

Divorce proceedings apply when the parties are unable to agree on the divorce, or when one of the parties does not agree to the divorce. The whole process includes five stages: prosecution, filing, mediation, trial and judgment.

Stage 1: Prosecution and filing

the plaintiff prepares the complaint, ID card, marriage certificate, child birth certificate, property evidence and other materials, and submits them to the court with jurisdiction. The court decides whether to file a case within seven days after receiving the prosecution materials. If the conditions for filing a case are met, the plaintiff shall be notified to pay the litigation fees; if the conditions are not met, it shall be ruled that the case shall not be accepted or the materials shall be corrected.

The second stage: pre-trial mediation

before a divorce case is heard, the court generally organizes mediation. The mediation period is not included in the trial period and may last for several weeks. If the mediation is successful, a mediation letter shall be issued and the marriage relationship shall be dissolved; if the mediation fails, the court shall be held.

Phase III: Trial and Judgment

for divorce cases that apply summary procedure, the trial period is three months from the date of filing the case; for ordinary procedure, the trial period is six months. If the case is complicated and needs to be extended, it may be extended for six months with the approval of the president of the court. If the extension is necessary under special circumstances, it shall be submitted to the higher court for approval. After the judgment of the first instance, if either party is not satisfied, it may file an appeal within 15 days from the date of service of the judgment, and the time limit for the trial of the second instance is generally three months.

Time Comparison between 4. Agreement and Lawsuit

agreed divorce has a shorter cycle and lower cost with the cooperation of both parties and complete materials, but the premise is that both parties agree on all matters. The litigation divorce cycle is relatively long and the procedure is more complicated, but disputes can be resolved through judicial procedures, and the judgment is enforceable.

Waiting period for non-sentencing of first prosecution

if the court decides for the first time that the divorce is not allowed, the plaintiff, in the absence of new circumstances and new reasons, needs to be able to sue again six months after the date of entry into force of the judgment. If the two parties have been separated for one year after the divorce is not allowed, and one party initiates divorce proceedings again, the divorce shall be granted in accordance with Article 10

79of the Civil Code.

Advantages of Divorce Mediation in Litigation

if the parties reach a mediation in a lawsuit, the court issues a civil mediation statement, which has the same effect as the judgment, but usually gets the result faster than the judgment. Mediation can save a lot of time in cases where property and child support issues are more complex.

The Time Window of 5. Property Preservation and Investigation and Evidence Collection

whether you choose to divorce by agreement or by lawsuit, if you are worried about the transfer of property by the other party, you should pay attention to the time window.

Property preservation before divorce by agreement

in the process of divorce by agreement, if one party finds that the other party has signs of transferring property, it can apply to the court for pre-litigation property preservation before the lawsuit or during the negotiation of the agreement. After the pre-litigation preservation, a lawsuit shall be filed or an application shall be filed within 30 days to confirm the validity of the mediation agreement, otherwise the preservation shall be lifted.

Property Investigation Orders in Proceedings

in the lawsuit, you can apply to the court for an investigation order to obtain the other party's bank flow, real estate registration, vehicle information, securities account, WeChat Alipay flow, etc. The investigation and evidence collection should be completed within the time limit for proof, which may affect the effectiveness of the evidence.

Special Considerations 6. the Ningbo Area

as a city under separate state planning, Ningbo has certain local characteristics in its practice of marriage registration and family trial.

Choice of competent court

divorce proceedings are generally under the jurisdiction of the court of the defendant's domicile; if the defendant's domicile is inconsistent with his habitual residence, the court of his habitual residence shall have jurisdiction. The courts of all districts and counties in Ningbo can accept divorce cases, but property disputes after divorce involving real estate are under the exclusive jurisdiction of the court where the real estate is located.

Handling of foreign-related marriages

if one party is a resident of Hong Kong, Macao and Taiwan or a foreigner, the divorce by agreement may need to be handled by the designated marriage registration authority; the jurisdiction and legal application of litigation divorce are more complicated, and it is recommended to consult in advance to understand the specific procedures.

7. case proof

according to similar adjudication rules, the husband and wife choose to divorce by agreement after reaching an agreement on the division of property and the upbringing of their children, apply for divorce registration at the marriage registration authority and receive a divorce certificate after a 30-day cooling-off period, and the whole process will be completed in about 40 days. Due to the detailed content of the divorce agreement and the clear arrangement of property and support, there was no subsequent dispute between the two parties. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

According to similar rules, one party sued for divorce, the other party did not agree to divorce and involved more property division disputes. After the first court decision forbidding divorce, the two parties have been separated for one year, and one party sues again. The court granted the divorce in accordance with article 1079 of the Civil Code and dealt with the issue of the couple's joint property and child support, which lasted about one and a half years from the first prosecution to the entry into force of the final judgment. In similar cases, the amount of division or compensation is usually in the range of $100000 to $3 million, depending on the size of the property and the circumstances of the evidence.

8. Risk Alert

  • one party withdraws the application during the cooling-off period of the agreement divorce, resulting in the failure of the agreement divorce, which requires renegotiation or transfer to litigation.
  • The divorce agreement is too simple, omitting property or custody details, and subsequent secondary litigation.
  • If the divorce is not divorced for the first time, it takes six months to one year to sue again, which is a high time cost.
  • Failure to apply for property preservation in a timely manner before or during litigation, resulting in the transfer of common property by the other party.
  • Missing the time limit for proof to apply for investigation and evidence collection, affecting the acquisition and cross-examination of key evidence.

9. FAQ

do I have to wait 30 days for a divorce?

Yes. A divorce by agreement shall have a cooling-off period of 30 days from the date of receipt of the application by the marriage registration authority, during which either party may withdraw the application. Within 30 days after the expiration of the cooling-off period, both parties need to be present to collect the divorce certificate together.

How long does divorce usually take?

The summary procedure is generally concluded within three months, and the ordinary procedure is concluded within six months. If the first sentence is not granted, it is usually necessary to wait six months to prosecute again. The specific duration varies depending on the complexity of the case, court scheduling and other factors.

divorce agreement and divorce proceedings which is better?

If both parties can reach an agreement on all matters, the divorce by agreement is faster and cheaper; if there is a major dispute or one party does not agree to the divorce, it needs to be resolved through litigation. Property and children issues are complex, even if the divorce agreement is also recommended to be as detailed as possible.

How to prevent the other party from transferring property during divorce?

You can apply to the court for property preservation before or during the lawsuit to freeze bank deposits, real estate, vehicles and other property in the name of the other party. At the same time, collect property clues as soon as possible, and if necessary, apply for a court investigation order to obtain bank water, securities account, WeChat Alipay water, etc.

Practical Experience of 10. Lawyers

which way to choose, many people first ask "which is faster", but what should be more asked is "can the two parties agree on divorce, support, and property". The threshold for divorce by agreement is low, but there is actually a clear time limit: both parties will enter a 30-day cooling-off period after applying for registration in person, during which either party can withdraw unilaterally; Within 30 days after the expiration of the cooling-off period, both parties will have to be present together again to obtain the certificate. Those who fail to apply jointly within the time limit will be deemed to have withdrawn and will have to start all over again. Therefore, the complete cycle of the agreement is usually between one month and more than one month, and two people must cooperate to the end. Divorce litigation sounds slow, but if both parties cooperate and the evidence is sufficient, some cases may be resolved within a few months. Therefore, the path selection follows the "degree of cooperation", not the "I heard which is faster.

It will be clearer to see the two processes apart. The rhythm of the agreement is: negotiate and sign a written agreement, bring ID card, residence booklet, marriage certificate and the agreement to apply together, get the acceptance receipt through the first instance, enter a 30-day cooling-off period, then jointly apply for a divorce certificate within 30 days, and pass the examination and issue the certificate on the spot. The rhythm of litigation is: prepare the indictment and submit the materials such as identity, children and property to the court with jurisdiction. The court generally decides whether to file the case within seven days after receiving the materials. Before filing a case, there is often pre-court mediation. The mediation is successful, and the mediation fails to enter the trial judgment. There are two time windows in the lawsuit to pay special attention to: one is property preservation, the earlier the application is, the more able to stop the other party from disposing and transferring ownership; The second is to investigate and collect evidence. Information such as accounts and shares in the spouse's name can only be legally obtained through litigation procedures. Don't wait until the court session to think about it. It often misses the best time.

Specific arrangements, there are several most easily stepped on the wrong. First, the divorce agreement should focus on the "license period". The end of the cooling-off period does not mean leaving. If you don't go to get the license together within 30 days, you will lose all your efforts. You must leave your schedule. Second, the content of the agreement should be specific and clear, such as "the property under their respective names belongs to their own" such too general writing, may omit important property, to leave a dispute in the future. Third, don't choose an inappropriate path for the sake of "speed": the other party may obviously go back on its word, delay, or involve transfers and payments that need to be enforced, and it is often more stable to take the path that can produce instruments with enforcement power. Fourth, no matter which way you go, the fixing of evidence and the sorting of property clues should be started as soon as possible, and the initiative of rhythm is always in the hands of the well-prepared party.

Agreed divorce and litigation divorce have their own applicable scenarios. Agreed divorce is suitable for situations where both parties can negotiate rationally, but the 30-day cooling-off period and the 30-day license period require both parties to cooperate to complete the procedures within the specified time. Litigation divorce is suitable for controversial situations, and the procedure is long but enforceable. No matter which path you choose, you should sort out the property list and child support plan in advance, and do a good job of evidence preservation and property protection at critical time nodes. For cases where the property is complex or the other party has the risk of transferring property, it is recommended to seek professional legal help as soon as possible and formulate a complete divorce strategy.