The marriage registration authority shall examine the divorce application submitted by the parties and shall, within one month from the date of accepting the application, register the divorce, issue them a divorce certificate and revoke their marriage certificates where the parties conform to the divorce conditions. The husband-and-wife relationship shall be rescinded as soon as they acquire the divorce certificate.
If one divorced party fails to perform his/her duty according to the divorce agreement, the other party may bring a civil lawsuit before a people's court.
If either of the parties applying for divorce registration falls under any of the following categories, the marriage registration authority shall not accept the application.
(1) If only one party requires a divorce;
(2) If both parties require a divorce, but fail to reach an agreement regarding matters such as fostering of children, economic aid for difficulties in living of the husband or the wife and disposal of property and debts;
(3) If one party or both parties is or are a person(s) with limited capacity for civil conduct or with no capacity for civil conduct; or
(4) If they didn't go through marriage registration.
Both divorced parties intending to resume their husband-and-wife relationship must appear in person at the marriage registration authority in the place where either of parties has his/her residence registration and apply for the registration of resumption of marriage. The marriage registration authority shall handle the application for resumption of marriage submitted by the parties according to the procedure for registration of marriage and the parties may omit pre-marital health check-ups.
Marriage registration authorities shall explain reasons in writing for rejecting applications for marriage registration submitted by parties.
Marriage Registration Archives and Marriage Relationship Certificates
Marriage registration authorities shall file marriage registration archives. The measures for control of marriage registration archives shall be formulated in accordance with the relevant provisions of the Archives law by the civil affairs department under the State Council.
Parties who lose, damage or destroy marriage certificates or divorce certificates may, on the strength of the marital status certificates issued by their units, villagers committees or residence committees, apply to the marriage registration authority with which they went through their marriage registration for making out a marriage relationship certificate.
The marriage registration authority shall examine parties' application for making out a marriage relationship certificate and shall, based upon the parties' marriage registration archives, make out a certificate of husband-and-wife relationship for the parties who lose, damage or destroy marriage certificates and a certificate of rescinding husband-and-wife relationship for the parties who lose, damage or destroy divorce certificates.
The certificates of husband-and-wife relationship and the certificates of rescinding husband-and-wife relationship shall have equal legal effect with the marriage certificates and the divorce certificates.