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The conditions for divorce under the 2015 New Marriage Law are as follows:
Article 31: Where both men and women divorce voluntarily, the divorce is 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: Where a man and a woman request a divorce, the relevant departments may conduct mediation 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 fails, 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 addiction that they have repeatedly been taught.
4) 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.
Divorce refers to the legal act of dissolving the marital relationship and terminating the rights and obligations between the husband and wife through agreement or litigation. According to the provisions of China's "Marriage Law", if the relationship has indeed broken down and mediation fails, the divorce should be granted. Couples"Relationships have indeed broken down"It is a legal condition for a divorce to be granted.
Dissolution of marriage. The latter refers specifically to the dissolution of the relationship between husband and wife through legal procedures.
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What do you want to consult.
The Marriage Act can be viewed directly from its provisions.
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**There is a lawyer's service fee, about 10 yuan.
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Summary. Dear, I am glad to answer for you: The Civil Code specifically makes the following new provisions on divorce:
1. A new provision on the cooling-off period for divorce has been added, and if one of the spouses repents of the divorce after the divorce by agreement, the divorce application can be withdrawn within 30 days; 2. After a clear judgment that divorce is not allowed, if one party files a divorce lawsuit again after one year of separation, the court shall grant the divorce; 3. If one of the spouses squanders property, the court may give him a small share or no share of the joint property of the squandered party in the event of divorce.
Dear, I am glad to answer for you: The Civil Code has made the following new provisions on divorce: 1. The new town rent has added provisions on the cooling-off period for divorce, and if one party regrets the divorce after the husband and wife agree to divorce, they can withdraw the divorce application within 30 days; 2. After a clear judgment is made that divorce is not allowed, if one party files a divorce lawsuit again, the court shall grant the divorce; 3. It is added that one of the husband and wife squandered property, and the court may give him a small share or no share of the joint property of the squandered party at the time of divorce.
legal basis; Article 1077 of the Civil Code [Cooling-off Period for Divorce] Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority. Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn. Article 1079:[Divorce by Litigation]Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation 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 shall be granted. In any of the following circumstances, where mediation fails, a divorce shall be granted: (1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (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.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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It depends on who bought the house and how it was paid, and there are several explanations of the new marriage law below.
Where before marriage or during the existence of the marital relationship, the two parties agree to donate the real estate owned by one party to the other party, and one party revokes the gift before the transfer of the right to donate the real estate, and the other party requests an order to continue performance, the people's court will not support it, except where notarization has already been completed.
Without notarization, the promise is not valid. That is to say, if one party wants to donate real estate to the other party, it is necessary to go through notarization.
If the immovable property purchased by one of the parents after marriage is registered in the name of the investor's child, it may be regarded as a gift to one of the children, and the immovable property shall be deemed to be the personal property of one of the spouses. Where the property rights of immovable property purchased by both parents are registered in the name of one party, it may be determined that the immovable property is jointly owned by both parents in accordance with their share of capital contribution, unless there is evidence to prove that it was donated to one party.
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Hello, the title deeds of our house are all in the name of one party, but the house that exists after marriage, is the property jointly owned at the time of divorce???
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Case: Xiao Wang and Xiao Zhang before marriage: Xiao Wang's parents contributed a mortgage for Xiao Wang, and the names written in the real estate registration were Xiao Wang and Xiao Zhang, and the two of them repaid the loan together after marriage, if the two divorced, who would the property belong to? How to judge?
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Can I bring my Cambodian girlfriend back to China.
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Is the new marriage law polyandry?
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Article 10 stipulates that if one of the spouses signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce. If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.
It's the down payment. In the case of joint repayment, both parties shall agree to deal with it.
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Article 1041 of the Civil Code provides:
Marriage and family are protected by the state.
Freedom of marriage, monogamy, and equality between men and women are practiced.
Protect the legitimate rights and interests of women, minors, the elderly, and the disabled. Accordingly, the basic principles of China's marriage law are as follows:
Marriage and family are protected by the state, the principle of freedom of marriage, the principle of monogamy, the principle of equality between men and women, and the principle of protecting the legitimate rights and interests of women, minors, the elderly, and the disabled.
1) The principle that marriage and family are protected by the state:
Article 49 of our Constitution provides:
Marriage, family, mothers, and children are protected by the state", and Article 1041 of the Civil Code reiterates that "marriage and family are protected by the state," which is not only the implementation of this constitutional principle, but also makes this principle more concrete.
2) Principle of Freedom of Marriage:
The principle of freedom of marriage includes both the freedom to marry and the freedom to divorce, and China prohibits arranged marriages, buying and selling marriages and other behaviors that interfere with the freedom of marriage and undermine the freedom of marriage.
3) Monogamous principle:
In line with the practice of monogamy in China, the prohibition of bigamy, and the cohabitation of a person with a spouse with another person, Article 258 of the Criminal Law of China stipulates the crime of bigamy, and a person who has a spouse and marries him, or marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention, so as to uphold the principle of monogamy.
4) The principle of equality between men and women:
Equality between men and women in marital relations is manifested in the equal status of husband and wife in marriage and family, which is embodied in all aspects of marriage and family relations, such as the husband and wife equally enjoy the right to raise, educate and protect minor children, jointly undertake the obligation to raise, educate and protect minor children, and equally dispose of the joint property of husband and wife.
5) Principles for protecting the legitimate rights and interests of women, minors, the elderly, and the disabled
In marriage and family relations, women, minors, the elderly, and the disabled are often in the position of the disadvantaged, and it is more difficult for them to protect their legitimate rights and interests.
For example, Article 1082 of the Civil Code stipulates that "the man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy" to protect the legitimate rights and interests of women;
For example, Article 35 stipulates that "guardians shall perform guardianship duties in accordance with the principle of the best interests of the ward";
Article 1044 stipulates that "adoptions shall follow the principle of the best interests of the adoptee and safeguard the legitimate rights and interests of the adoptee and the adopter";
Article 1084 stipulates that "if the parents of a child who has reached the age of two cannot reach an agreement on the issue of child support, the people's court shall make a judgment in accordance with the principle of the best interests of the minor child according to the specific circumstances of both parties", so as to protect the rights and interests of minors in the lawful guardianship, adoption and upbringing;
Another example is Article 1067, which stipulates that "parents who fail to fulfill their maintenance obligations to adult children, lack the ability to work or have difficulties in living have the right to demand alimony from their adult children", so as to protect the right of the elderly to be supported in accordance with the law.
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For example, the Marriage Law of the People's Republic of China in 1950 and 1980 contains provisions on marriage, marital relations and divorce, as well as provisions on the rights and obligations of parents, children and other family members. Its content is narrower than that of the family law, but the law of marriage in the narrower sense is wider, and it is actually the law of marriage and family. The law on marriage in the narrow sense is limited to the marriage relationship, and its name is also used in the strict sense, as stipulated in the Marriage Law of the Socialist Republic of Serbia in Yugoslavia
Marriage and legal relations in marriage are regulated by this Law", and no other matters are involved.
Adjust the object. The object of regulation of the Marriage Law is marriage and family relations.
The basic principles of the Marriage Law are not only the legislative guiding ideology of the Marriage and Family Law, but also the basic spirit of the Marriage and Family Regulations, as well as the basic norms for the operation and application of the Marriage and Family Law.
There are five basic principles of China's marriage and family law: freedom of marriage; monogamy; Equality; protect the legitimate rights and interests of women, children and the elderly; Family planning is practiced. In order to ensure these basic principles and the implementation of the Marriage Law, the Marriage Law has made six prohibitive provisions:
prohibiting arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage; It is forbidden to solicit money or property under the pretext of marriage; prohibition of bigamy; It is forbidden for a spouse to cohabit with another person; prohibition of domestic violence; Abuse and abandonment between family members are prohibited. The "Marriage Law" also proceeds from the consistency of socialist law and morality and the declarative and guiding role of the law, and clearly stipulates that husband and wife should be faithful to each other, respect each other, help each other, and maintain equal, harmonious, and civilized marriage and family relations. This is not only the rights and obligations of the subjects of marriage and family relations, but also the common responsibility of individuals to the state, society and family, which has rich legal connotations and moral connotations.
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