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Under what circumstances will the engagement be automatically terminated
Time:2025-08-28 Views:550
1
If one or both parties die or are declared dead, the marriage relationship will be automatically terminated. If both parties are alive and have not been declared dead, there is no statutory circumstance for automatic termination of the marriage relationship, and the marriage relationship can only be terminated through divorce. There are two ways of divorce: divorce by agreement and divorce by litigation.
Legal basis: Civil Code
Article 51: The marital relationship of a person who has been declared dead shall be terminated from the date of the declaration of death. If the death declaration is revoked, the marital relationship shall be restored on its own from the date of revocation of the death declaration. However, this does not apply to cases where the spouse remarries or declares in writing to the marriage registration authority that they do not wish to restore the marriage.
Article 1080: Upon completion of divorce registration or the effectiveness of divorce judgment or mediation agreement, the marriage relationship shall be terminated.
II
Fanneng Law Firm reminds you that the process for terminating a marriage agreement is as follows:
1. Sign the divorce agreement
The divorce agreement shall state the voluntary intention of both parties to divorce and the consensus reached through negotiation on matters such as child custody, property, and debt management.
2. Register for divorce
Both husband and wife personally apply for divorce registration at the marriage registration office.
3. Obtain a divorce certificate
After divorce registration, divorce cannot be carried out immediately, and a 30 day cooling off period should be waited for. That is, the divorce certificate can be processed within 30 days from the date of divorce registration application. If the law firm reminds you that within 30 days after the cooling off period expires, if both parties fail to personally apply for a divorce certificate at the marriage registration authority, it will be deemed as the withdrawal of the divorce registration application.
III
The parties applying for divorce registration shall submit the following certificates when submitting a written application for divorce registration to the marriage registration authority:
1. Household registration certificates of both parties applying for divorce;
2. Resident ID cards of both parties applying for divorce;
3. Introduction letter issued by both parties' units, village committees or residents' committees;
4. Divorce agreement;
5. Marriage certificate or certificate of marital relationship.
6. Two recent bareheaded photos of each party applying for divorce registration. Sichuan Faneng Law Firm is dedicated to serving you.