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Anonymous users2024-02-06Legal analysis: 1. Ownership of children: After divorce, children under the age of two shall be directly raised by their mothers.
For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
2. Distribution of property: In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
After divorce, parents still have the right and obligation to raise, educate and protect their children. In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.
Where children have reached the age of 8, their true wishes shall be respected.
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Anonymous users2024-02-05The division of rural divorce property is as follows:
1. Do not participate in the division of personal property owned by one party;
2. If there is an agreement between the two parties on the division of the joint property of the husband and wife, it shall be handled in accordance with the agreement;
3. Where there is no agreement or the agreement is inconsistent, the people's court shall make a judgment in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party on the basis of the specific circumstances of the property.
[Legal basis].Article 1087 of the Civil Code.
In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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Anonymous users2024-02-04At the time of divorce, the husband and wife must divide the property together, and only the husband and wife have the right to divide the property, and the children have no right to participate in the division of the property.
The joint property of husband and wife as stipulated in the Marriage Law of the People's Republic of China includes: wages, bonuses, production and business income, intellectual property income, property obtained from inheritance or donation, and other property that shall be counted as jointly owned property obtained during the existence of the marital relationship.
In the event of divorce, there are two ways to divide the joint property of the husband and wife: division by agreement and division by judgment. Partition by agreement is applicable to situations where both husband and wife agree to divorce, and reach an agreement on issues such as the division of property; Judgment division is used when one of the spouses does not wish to divorce, or when an agreement cannot be reached on issues such as the division of property. Under normal circumstances, the joint property of husband and wife is generally divided equally, but it can also be unequal when necessary, and the people's court will make a judgment in accordance with the law, considering whether there is fault and taking care of the rights and interests of the woman and children.
Marriage Law of the People's Republic of China
Article 17: Joint property of husband and wife.
The following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) Income from production and operation; (3) the proceeds of intellectual property rights; (4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.
Article 39: [Divorce Disposition of Joint Property of Husband and Wife]In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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