To file a divorce lawsuit in Shenzhen, a series of materials need to be prepared in advance. This article is compiled by professional divorce lawyers in Shenzhen, providing you with a detailed list and key precautions to help you efficiently initiate legal proceedings.
List of Basic Litigation Materials
According to the Civil Procedure Law and relevant regulations, the following materials must be prepared for filing a divorce lawsuit:
01. Divorce lawsuit: Original documents must be submitted, and it is recommended to prepare at least three copies (one for the court, one for the other party, and one for personal retention).
02. Proof of identity: Original and photocopy of my ID card.
03. Proof of marital relationship: Original marriage certificate. If lost, a marriage certificate can be issued at the original registration authority or archives.
04. Proof related to children: If there are children, they need to provide their household registration book, birth medical certificate, or relevant identity documents.
▲ Important reminder: If there are issues related to property division, debt assumption, etc., additional submissions are required:
● Property ownership certificates such as property ownership certificates, vehicle registration certificates, and purchase contracts;
● Property clues such as bank deposits, stocks, funds, etc;
● Evidence related to joint debt.
The above evidence suggests preparing multiple copies for the court and the opposing party to verify.
The Validity of Property Agreements in Divorce Agreements
The agreement on property ownership in the divorce agreement is legally binding if the following conditions are met:
● Both parties voluntarily sign without any fraud or coercion;
● The content of the agreement is clear, and both parties sign and confirm it;
● Has been registered with the marriage registration authority.
If one party fails to perform the agreement, the other party has the right to file a lawsuit with the court based on the agreement, demanding that the other party perform. After obtaining an effective judgment, one can apply for compulsory enforcement in accordance with the law.
Special situation: How to divide the property if only one party's name is registered?
In practice, it is common to jointly invest in purchasing a house before marriage but only register the name of one party. The handling method is as follows:
1. Joint full payment purchase of a house before marriage:
● The unregistered party must provide sufficient evidence of capital contribution (such as bank transfer records, agreements, etc.), otherwise it may not be possible to claim property rights.
2. Joint down payment before marriage and joint repayment after marriage:
● The pre marital contribution must be supported by evidence in order to claim rights and interests;
● The joint repayment and corresponding appreciation after marriage belong to the joint property of husband and wife, and should be divided in principle.
3. Lawyer's suggestion: When purchasing a house together before marriage, it is strongly recommended to state the names of both parties on the property certificate to avoid disputes in the future.
The difference between divorce by agreement and divorce by litigation materials
If both parties choose to divorce by agreement, they need to bring:
● Divorce agreement (in triplicate);
● ID card, household registration book, marriage certificate;
● Recent bareheaded photos should be taken to the marriage registration authority for processing.
Lawsuit divorce applies to situations where one party does not agree to divorce, or there is a dispute over child custody or property division, and the litigation materials must be prepared and submitted to the court according to the aforementioned list.
Shenzhen Divorce Lawyer Warm Reminder:
The divorce litigation process is complex and there are significant differences in individual cases. It is recommended to consult a professional lawyer before filing a lawsuit, sort out evidence, clarify claims, in order to improve litigation efficiency and better protect one's own rights and interests. If you have any questions, you can seek professional legal services.
