There are several circumstances in which the divorce is invalid

The man shall not file for divorce under the following circumstances: 1. The man shall not file a divorce lawsuit during the woman's pregnancy; 2. The husband shall not file a divorce lawsuit within one year after the woman gives birth; 3. Within 6 months after the termination of pregnancy by the woman, the man shall not file a divorce lawsuit; Wait a minute.

What kind of divorce agreement is invalid?

According to the above, although the divorce agreement does not apply to the contract law, it has the basic attributes of the contract, and the circumstances under which the divorce agreement is invalid include the following:

1. Civil acts carried out by the perpetrator without capacity.

An act carried out by a person who lacks capacity for civil conduct does not have the effect of a legal act because he or she lacks the capacity to do so. Acts carried out by a legal person outside the scope of its capacity, especially in violation of prohibitions, are also not effective.

2. The intention is not to act freely.

The freedom of the formation of meaning and the freedom of expression of meaning are the prerequisites for the truth of the expression of meaning. If there is a lack of freedom or even no freedom at all in the process of forming and expressing the intention, according to the provisions of the Contract Law, if one party concludes a contract that harms the interests of the state by means of fraud, coercion or taking advantage of the danger of others, it shall be invalid and cannot be effective in accordance with the content of the expression of will.

3. Malicious collusion that harms the interests of the state, the collective or a third party.

Acts of malicious collusion that harm the interests of the state, collective, or a third party are civil acts carried out by both actors in a joint conspiracy with the purpose of harming the interests of the state, collective, or a third party.

1. Is the contract law applicable to the divorce agreement?

According to the provisions of China's "Marriage Law" and "Marriage Registration Regulations", a divorce by mutual agreement must be reached by the parties, the main content of which is to reach an agreement on the division and compensation of divorced property, the sharing of debts, the maintenance of children and the sharing of expenses, etc., and then sign to express approval.

Therefore, the signing of a divorce agreement is actually the conclusion of a "contract", which means that a true, legal and valid divorce agreement is legally binding on both parties in accordance with the law, and should be complied with and fully performed.

2. Is the divorce agreement valid at the time of its formation?

When one of the parties signs the divorce agreement, it may make great concessions in order to achieve the goal of divorce, or it may be signed because the emotional factors between the two parties are out of control for a while, and it cannot be determined that it is effective when it is established because it is the true expression of intention of both parties at that time.

3. A divorce agreement that has not been confirmed by the marriage registration authority or the court has no legal effect, but can be used as a reference for the court's judgment.

There is no such thing as a divorce being invalid.

Under what circumstances cannot a divorce?

For the other party to a divorce case, the most important concern is what circumstances cannot be divorced. According to the provisions of China's Marriage Law, the court believes that the relationship between the husband and wife has not broken down after trial, which is the most fundamental reason why the court ruled that divorce cannot be granted. In determining that the relationship between the husband and wife has not broken down, the judge will consider factors such as the foundation of the marriage, the relationship after marriage, and whether there is a possibility of reconciliation.

1) The grounds for suing for divorce are insufficient. This is one of the most common situations encountered when the court decides not to grant a divorce. For the sake of brevity and brevity, many parties and even lawyers write the complaint in a few words, saying in a general way that "the relationship between the husband and wife has indeed broken down" or "they cannot live together", without or unable to provide evidence, nor do they explain the reasons for the breakdown of the relationship between the husband and wife and the current situation.

2) There is no statutory ground for divorce and no evidence to prove the breakdown of the relationship between the husband and wife. In contrast to the second case, in which the work done by the parties at the time of filing the lawsuit and at the trial is complete, but there is no legal ground for divorce and there is no evidence to prove that the relationship between the husband and wife has indeed broken down, and the court presumes that the relationship between the husband and wife has not broken down.

3) Although the relationship between the wife has broken down, the plaintiff does not insist on divorce. This situation is entirely a consequence of the plaintiff's own change of attitude. Because, many parties become hesitant when they are **, which is the basis for the judge to presume that the relationship between the husband and wife has not broken down.

4) The spouse of a military member requests a divorce, but the military does not agree. This situation is entirely a consequence of the plaintiff's own change of attitude. Because, many parties become hesitant when they are **, which is the basis for the judge to presume that the relationship between the husband and wife has not broken down.

5) Circumstances in which the court does not accept the case. The husband may not file for divorce during the woman's pregnancy, within one year after childbirth or within six months of the termination of pregnancy, unless the court considers it necessary to accept the husband's request for divorce. The exception here is vague and, in reality, few judges in the case filing division will consider it.

6) In most initial proceedings, the court decides that divorce is not allowed. In legal practice, if the plaintiff files for divorce for the first time, the court will not grant the divorce in most cases, unless there are legal grounds for divorce or the relationship between the husband and wife has indeed broken down. In some cases, even though the parties have provided relevant evidence, the judge still decides that the divorce is not allowed in order to save trouble.

The above are the answers to questions about "under what circumstances can I get a divorce" and "under what circumstances I can't get a divorce". Facts have proved that the divorce of husband and wife is not only a matter for both parties, but also includes property disputes and child custody issues.

There are indeed a lot of divorce cases in real life, and many people at that time will be overwhelmed when they encounter this situation. Practice has proved that in the event of similar property disputes, the parties will generally seek advice from a professional marriage and family lawyer.

Having a lawyer help a client in a lawsuit will have a good chance of winning.

Circumstances in which the divorce is invalid: 1. Involuntary divorce between the man and the woman. Both parties must apply for divorce at the marriage registration office.

Divorce must be of mutual consensual consent. In other words, the husband and wife do have an agreement to dissolve the marital relationship, and the expression of their intention is true, not false. If one party agrees to the divorce against his or her will due to fraud or coercion by the other party or a third party, the divorce will be deemed invalid.

2. Fake divorce due to debt evasion. 3. The divorce filed by the husband during the woman's pregnancy, within one year after childbirth or within six months after the termination of pregnancy is invalid. According to Article 1082 of the Civil Code, a woman may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy.

Article 31 of the Marriage Law of the People's Republic of China provides that where a man and a woman divorce voluntarily, divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

Article 32 of the Marriage Law of the People's Republic of China provides that if a man and a woman request a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted. In any of the following circumstances, if mediation is ineffective, a divorce shall be granted:

1) bigamy or cohabitation of a person with a spouse; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Circumstances in which the divorce is invalid: 1. If both the man and the woman go through the divorce formalities involuntarily, the divorce shall be invalid; 2. If the husband initiates divorce proceedings without justifiable reasons during pregnancy, within one year after childbirth or within six months after the termination of pregnancy, the divorce shall be invalid; 3. If a serviceman is not seriously at fault, and his or her spouse initiates a divorce lawsuit without the consent of the serviceman, the divorce shall be invalid.

Article 1051 of the Civil Code of the People's Republic of China A marriage shall be invalid under any of the following circumstances: (1) bigamy; (2) There are relatives who are prohibited from marrying; (3) They have not reached the legal age for marriage. Article 1054 of the Civil Code of the People's Republic of China An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of the husband and wife.

Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. The provisions of this Law on parents and children shall apply to children born to the parties.

If the marriage is invalid or annulled, the innocent party has the right to claim damages.

1. What are the legal conditions for divorce?

1) bigamy or cohabitation of a person with a spouse;

This article includes two situations: one is bigamy; The second is that a person who has a spouse cohabits with another person.

The bigamy of one of the parties to the marriage relationship is not only a violation of the principle of monogamy stipulated in the Marriage Law, but also a violation of the criminal law and is subject to criminal sanctions. In this case, the court shall grant a divorce if the opposing party files for divorce.

The fact that a spouse cohabiting with another person is a breach of the duty of chastity owed to each other by both spouses, and the fact that the divorce filed by the wrongdoer, whether by the wrongdoing party or by the non-wrongdoer, proves the fact that the marriage relationship is difficult to maintain. The people's court may find that "the relationship between the husband and wife has indeed broken down" and thus grant a divorce.

(2) Committing domestic violence or abusing or abandoning family members;

Domestic violence refers to the physical torture and destruction of family members through beatings and other means. Abuse is the physical or mental abuse or mental torture of a family member, either by act or omission. Abandonment refers to the refusal of a party who has the obligation to support, support or support without justifiable reasons to perform the obligation to support, support or support.

The emergence of the above-mentioned situation has made it difficult for the husband and wife to live together normally, and has seriously undermined the foundation for the existence of marriage and family relations. Therefore, the law stipulates that the people's court shall issue a divorce judgment in such cases.

(3) Those who have bad habits such as gambling and drug abuse that they do not change after repeated attempts;

Gambling, drug addiction and other vices cost a lot of family property and are detrimental to physical and mental health. The law stipulates that if one of the parties has such bad habits and refuses to change them, the people's court shall make a divorce judgment.

(4) They have been separated for two years due to emotional discord;

If a husband and wife are separated for a long time due to emotional discord, it is difficult for them to perform the relevant obligations to each other, and the relationship between husband and wife is close to existing in name only.

Pay attention to two points: 1. The reason for the separation between husband and wife should be emotional discord, not other reasons.

2. The time of separation should be two years.

(5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

The above four provisions do not fully summarize all the reasons for the breakdown of the relationship between the husband and wife, so the Marriage Law provides for this catch-all clause as a supplement.

In the event of a divorce, the following cases are invalid:

1. First, the parties to the divorce do not have the capacity to act;

2. Second, the parties to the divorce are not free to express their intentions;

3. Third, the content of the agreement between the parties to the divorce violates the provisions of the law and harms the interests of the state, the collective or a third party;

4. Fourth, the parties to the divorce have not registered the divorce in accordance with the legal procedures.

The following are also null and void marriages:

1) bigamy is a base match;

2) There is a relative who is prohibited from marrying;

(3) They have not reached the legal age for marriage.

If when two people want to divorce, then the signed divorce agreement is not signed by one party, then the divorce agreement is invalid, and further mediation is required by the transportation bureau.

The annulment of a marriage is not a divorce, but a finding that the marriage does not have the relevant legal benefits.

An invalid marriage refers to an illegal marriage that does not have legal effect due to the lack of the legal requirements for the establishment of marriage, that is, the union of a man and a woman does not have the legal effect of marriage from the beginning because it does not meet the substantive conditions for marriage stipulated in the law.

According to Article 1051 of the Civil Code: "A marriage shall be invalid under any of the following circumstances: (1) bigamy; (2) Have a family relationship that prohibits marriage; (3) They have not reached the legal age for marriage. There are three statutory circumstances under which a marriage is invalid.

The first case of an invalid marriage is bigamy. Bigamy refers to the act of marrying another person who has a spouse. For example, if you have already entered into a marriage relationship and you have another marriage relationship with a third person, it is bigamy.

As long as the marriage certificate is obtained, even if there is no wedding, there is no living together. Maybe it was just a moment of excitement at the time, and the ghost sent the gods to get a marriage certificate with the other party in a daze, and there was no contact since then. If a marriage certificate is obtained without going through the divorce formalities with the ex, it is still an act of bigamy, and the latter marriage is invalid.

Bigamy is the first type of invalid marriage.

In the second case of invalid marriage, there is a family relationship that prohibits marriage. The invalidity of marriages between relatives refers to the legal consequences stipulated in Article 1048 of the Civil Code: "Marriage is prohibited between lineal blood relatives or collateral blood relatives within three generations".

That is to say, the marriage relationship established between direct blood relatives or collateral blood relatives within three generations is invalid, and marriage between close relatives is invalid.

The third type of nullity of marriage refers to the registration of marriage before the legal age of marriage.

1. What are the legal consequences of an invalid marriage?

An invalid marriage is void ab initio. The parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the innocent party.

The disposition of property that results in an invalid marriage caused by bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. For children born to the parties, the provisions of the Civil Code on parents and children shall apply.

People's courts hearing cases declaring marriage null and void shall make a judgment in accordance with law if mediation is not applied to the trial of the validity of marriage; A judgment on the validity of a marriage takes legal effect as soon as it is made.

Where the division of property and child support are involved, mediation may be conducted. If an agreement is reached through mediation, a separate mediation document shall be drafted. If the party is dissatisfied with the judgment on the division of property and child support, the party concerned may appeal.

If you have not reached the legal age of marriage, then it is an invalid marriage. The legal age of marriage in the country is not earlier than 22 years old for the man and 20 years old for the woman. Only after reaching the marriageable age can you go to the Civil Affairs Bureau to get married.

Generally, for marriage, both parties need to bring their ID cards and household registration books and other relevant materials to the Civil Affairs Bureau for processing.