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Legal knowledge you should know when divorcing

Public number: Ningxia Hao Nuo Law Firm Source: Time: 2020-02-21 01:40:02

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Legal knowledge you should know when divorcing

Why are more people divorced? There are many reasons for this: the two parties did n’t know enough before marriage, they pursued excitement and felt this kind of thing, and they got married under impulse. After marriage, they found that their personalities, lifestyles, etc. were out of step; they may be "poor" as the old saying goes. "Pepsi couples" is reflected in today's young people, who are blindly pursuing material life and forget the true meaning of life. In fact, real life is based on love and responsibility, and tolerance and understanding are used to resolve life. Small friction; it may also be that some married people can't withstand the temptation of the outside world, overstepping the faithful bottom line between husband and wife. These reasons may cause the couple to enter the divorce dispute pain.

        

                                                  

Although divorce relieves some pain and annoyance, at the same time, it will also bring great harm, whether it is in the division of property, the distribution of child custody rights, or other benefits, because the husband and wife are fighting for each other's final rights. Lip-to-mouth disputes. At this time, you need a lawyer to help you sort out your thoughts. Let's take a look at the legal knowledge you need to know about divorce.

Divorce is divided into two ways in the "Marriage Law". Generally, the divorce is voluntarily negotiated between the husband and wife. There is no objection to the division of the husband and wife's common property, the distribution of child custody rights and other rights. In the case of inconsistency in the above issues, you can sue the people's court for divorce, but there are some special circumstances, such as during the pregnancy, within one year after delivery, or within six months after termination of pregnancy. In order to protect the rights of the woman, the law provides for a certain period The man is forbidden from prosecuting divorce, except when it is really necessary. 是对夫妻双方关于解除婚姻关系、财产分割、子女抚养等方面形成的协议,是双方真实的意思表示。 The divorce agreement is an agreement formed between the husband and the wife on the dissolution of the marriage relationship, the division of property, and the maintenance of children. It is a true expression of the intention of both parties. The provisions on the division of property in the divorce agreement or the parties' agreement on the division of property due to divorce are legally binding on both men and women. Therefore, when agreeing to divorce, you must read or sign the agreement you signed, or consult a lawyer in advance, and wait until the divorce procedure is completed to regret it. According to Article 9 of Interpretation 2 of the Marriage Law, if both men and women agree to regret the division of property within one year after the divorce, and request to change or cancel the division of property agreement, the people's court did not find that there was fraud when entering into the division of property agreement, In cases such as intimidation, the litigation request will be rejected. I encountered a similar situation when I was in the Xixia District Administration Hall for consultation. The woman and the man did not sign a divorce agreement when they divorced, and signed a voluntary divorce agreement form issued by the Civil Affairs Bureau when the divorce formalities were processed. The woman ’s net When leaving the house, she also needs to raise a daughter. After the divorce, the woman regrets the agreement signed and wants to re-divide the property. Her lawsuit on this issue was not supported in court, but could split other property claims that were not split at the time of divorce. In addition, if the spouse has not signed the divorce agreement after signing the divorce agreement, and one of the parties divorces the divorce agreement in the divorce proceeding, the people's court will determine that the divorce agreement has not taken effect and divide the spouse's common property according to the actual situation.

I am writing this article in the hope that we are married or not married, and we are going to marry the newlyweds. We should all think and reflect! Marriage is not a child's play! Marriage is a kind of happiness, and marriage is a kind of responsibility! Care must be taken when choosing a marriage. 附: 《离婚协议书》 一份,仅供参考。 (Share other legal knowledge about divorce in the next issue) Attachment: A "Divorce Agreement" , for reference only.

divorse agreement

 

    Man:        , Ethnic:      Family,      year      month      单位: Born on the day of work : Unit:                    ,current address:                          .

    方: Woman :        , Ethnic:      Family,      year      month      单位: Born on the day of work : Unit:                     ,current address:                          .

Both parties        year      month      Day in           city         The civil affairs department of the district (county) people's government has registered for marriage.                 依据 《婚姻法》的规定达成如下协议: The reason for this is a voluntary divorce. After the two parties have reached consensus, the following agreements have been reached on relevant matters in accordance with the provisions of the Marriage Law:

First, the man           With the woman           Voluntary divorce.

2. Child Rearing:

1. Both parties        year      month      One child / female born daily, named:         ,由 男方/女方直接抚养,由女方/男方 月给付抚养费(包括生活费、教育费、医疗费) After the divorce, the son / daughter lives with the man / woman and is directly supported by the man / woman. The woman / man pays monthly maintenance (including living expenses, education, medical expenses)        Per month       Pay before the number, until the child has completed high school education. After the high school education phase, the two parties will renegotiate in the future.

2. The man / woman (Note: refers to the party who is not directly raised)       Pick up your son / daughter from Saturday to Sunday to live or play with him. For temporary or holiday visits, the two parties can negotiate one day in advance, and after reaching an agreement, they can visit in accordance with the method of consultation. When the son / daughter is over ten years of age, the exercise of the right of visit shall respect the opinion of the son / daughter and shall not be enforced in accordance with this agreement.

3. Division of common property of husband and wife:

1. Real estate:

位于: After the marriage, the couple purchased it at:                           A set of buildings, registered under the name of the man / woman (or both parties), when buying a house, the man / woman is the main lender         该房 属夫妻共有财产。 Bank mortgage loan purchases, down payments and mortgage repayments all come from the joint deposit of the husband and wife , the house belongs to the joint property of the husband and wife. 装饰装修 修附属设施 相关配套设施 及家具家电 ),双方相互配合办理产权变更登记手续。 After the divorce, the house is owned by the man / woman (Note: including auxiliary facilities for interior decoration and repair , related ancillary facilities, and furniture and appliances ). All taxes and fees payable as a result of the registration of property rights changes shall be borne by the man / woman. One party who acquires ownership of the house gives the other party economic compensation RMB           Yuan, from the date of signing this agreement                pay off.

The couple purchased after marriage :                           A set of buildings, with the man / woman as the main lender         Bank mortgage loan purchases, down payments and mortgage repayments all come from the joint deposit of the husband and wife, the house belongs to the joint property of the husband and wife. 装饰装修 修附属设施 相关配套设施 及家具家电 ),双方相互配合办理产权变更登记及办理贷款主贷人变更手续。 After the divorce, the house is owned by the man / woman (Note: Including auxiliary facilities , related supporting facilities and furniture and appliances in the room ), the two parties cooperate with each other to register the change of property rights and to complete the formalities of changing the principal lender. All taxes and fees payable as a result of the registration of changes in property rights and the procedures for changing the principal and lender of the loan shall be borne by the man / woman. One party who acquires ownership of the house gives the other party economic compensation           Yuan, from the date of signing this agreement                pay off.


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2. Motor vehicles:        year      month      Daily purchase            A car, which will be owned by the man / woman after divorce.              Yuan, from the date of signing this agreement      Pay in full.

3. Deposits: During the duration of the relationship between the husband and wife, there are bank deposits            Yuan, after the divorce all belong to the man / woman.

股票: 双方夫妻关系存续期间,有 4. Stocks: During the existence of the husband and wife relationship, there are                  Company stock (value            ),离婚后全部归 /女方 所有 取得的一方给予另一方经济补偿人民币 After the divorce, the property will be owned by the man / woman .              Yuan, from the date of signing this agreement      Pay in full.

   、双方各自名下的其它私人财产(如首饰、衣服等)归各自所有。 4. Other private property (such as jewelry, clothes, etc.) under the respective names of both parties shall be owned by each party.

、债务的处理: V. Debt Handling:

The two parties confirmed that no common debts occurred during the existence of the marriage relationship, and if any party has external debts, the debtor shall bear the responsibility. (____ Fang Xiang on __year__month__

       男方 /女方 方自行承担) (The borrowed debt is borne by the man / woman )

、一方隐瞒或转移夫妻共同财产的责任: 6. The responsibility of one party to conceal or transfer the husband and wife's common property:

Both parties confirmed that the spouse's common property has been clearly stated in Article 3 above. 车辆、股票 及银行存款外,并无其他财产,任何一方应保证以上所列婚内全部共同财产的真实性。 Except for the above houses, vehicles, stocks, and bank deposits, there is no other property, and either party should guarantee the authenticity of all the common properties in the marriage listed above.

The division of property in this agreement is based on the properties listed above. No party may conceal, misreport, or transfer common property or pre-marital property. If any party has concealed or misrepresented property other than the above listed properties, or transferred or evacuated property within two years before the signing of this agreement, the other party is entitled to obtain the entire share of the property concealed, misreported, or transferred by the other party after discovery And hold them accountable for concealing, misreporting, or transferring the property. The party who misreports, transfers, or conceals is not entitled to divide the property.

   、其他事项: 7. Other matters:

,在双方签字,并经婚姻登记机关办理相关手续后生效 This agreement is in triplicate, each party holds one, submits a copy to the marriage registration authority for archival filing , it takes effect after the two parties have signed and completed the relevant procedures .

 

Man:                      Woman:

           year    month    day                   year    month    day

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