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A divorce registration administrative confirmation case, a Mr./Ms. Liang v. Xuzhou Yunlong District Civil Affairs Bureau

By PRC Supreme People's Court

January 30, 2023

Source: Key points of case judgment from "Gazette of the PRC Supreme People's Court" Volume 2022

Court Judgement Opinons Summary:

Divorce registration refers to the administrative act of the marriage registration authority to recognize the agreements reached between the parties on the voluntary dissolution of the marriage relationship, the raising of children, the distribution of property and other issues, and to confirm the dissolution of the marriage relationship between the parties in the form of issuing a divorce certificate. Once the divorce registration is completed, the marriage relationship between the parties will be dissolved, and the dissolution of marriage will have external effect and social credibility.

If the marriage registration authority without hierarchical jurisdiction registers the divorce for the parties to the foreign-related marriage who meet the substantive requirements of divorce, and then confirms the invalidity of the divorce registration act by means of self-correction on the ground of no jurisdiction, the People's Court will not support the self-correction administrative act.