How can divorce protect one s own interests

What is matrimonial property? What does the new marriage law say about this?

The matrimonial property system refers to the system of possession, use, income, disposal and debt settlement of property acquired by husband and wife before and after marriage during the existence of the marital relationship. For a long time, China has adopted a system based on the statutory property system and supplemented by the agreed property system. The new Marriage Law still adheres to the joint property system as the legal property system, and at the same time allows and respects the agreement between husband and wife on joint property, adds the content of personal property, improves the property system of husband and wife, further regulates the property relationship between husband and wife, and makes specific provisions on the system of joint property of husband and wife, unique property of individuals and agreed property.

1) The scope of joint property of husband and wife is clarified. Article 17 of the new Marriage Law provides:"The following property acquired by the husband and wife during the marriage 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 should be jointly owned.

2) The establishment of a system of personal property between husband and wife. Article 18 of the new Marriage Law stipulates that any of the following circumstances shall be the property of one of the husband and wife:

1) the pre-marital property of one of the parties; (2) Medical expenses, living allowances for persons with disabilities, and other expenses received by one side as a result of bodily injury; (3) Property that is determined in the will or gift contract to belong to only one of the husband or wife; (4) Daily necessities for the exclusive use of one side; (5) Other property that shall belong to one party.

3) The agreed property system has been strengthened. Article 19 of the new Marriage Law stipulates that husband and wife may agree that property acquired during marriage and property acquired before marriage shall be owned separately or jointly or partly separately and partly jointly.

The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 17 and 18 of this Law apply. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.

Where the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts incurred by the husband or wife shall be paid off with the property of the husband or wife.

The new marriage law supplements and improves the marital property system, enhances the autonomy of the parties to the marriage relationship, and enables them to fully exercise their individual rights on a larger scale.

First of all, I understand you and sympathize with you.

If you are planning to divorce and want to get your share of the property, it is best to find some strong evidence for yourself, so that if you divorce by agreement, your husband will use the division of property to settle the matter. Second, if you sue in court, your evidence is also a guarantee to fight for your rights and interests, otherwise it will only be emotional discord, or your husband will not admit it, which will be unfavorable to you.

If it is more possible, it is to ask her husband for money in the name of the child, and for the sake of the child, he should think about the child.

It is advisable to find a lawyer for specific consultation.

With such a large amount of your property, it is advisable to hire a lawyer to assist you in investigating his property.

You can apply to the court to evaluate your husband's assets, if it is confirmed that your husband's assets are the assets after you get married, it will be half of one person, in fact, you can also go to your husband to discuss how much he will give you, after all, you still love, right? If you can mediate yourself, let's discuss it, and we will be friends when we leave.

You have to find evidence that your husband is having an extramarital affair. Win the sympathy of the courts... This facilitates the distribution of property after marriage

1. Sign a marital property agreement; 2. Keep your important identity documents; 3. Collection of relevant evidence; Wait a minute.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and the mediation is ineffective, Huizao should grant a divorce.

In any of the following circumstances, if 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 bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) 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.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary. Front shed.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement fails, the people's court shall 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.

Marriage is a happy and beautiful thing, but divorce can be painful. ......For a girl, if her husband is very ruthless at the time of divorce, it will bring serious harm to herself. At this time, you need to be calm, keep your senses, stand firm and deal with them calmly, and resolutely protect your own interests in accordance with laws and regulations, so as to properly handle everything.

1. In the face of a divorced husband, you must first be calm and reasonable.

When the husband divorces heartlessly, the first thing to do is to stay calm and ......At this time, acting flustered and thinking impulsively is not good for solving the problem, so at this time, you must think about the problem with reason, and maintain a calm and calm state to face everything in front of you, so that you can see the essence of the problem, and find the best solution to solve it, so that you can deal with it properly.

2. For the husband's request for divorce, he needs to stand firm and deal with it calmly.

In the face of her husband's desperate request for divorce, she must not panic, let alone make senseless moves......At this time, the most important thing you need to do is to stand firm, keep your bottom line, and find a way to solve the problem with a calm attitude, so as to solve the problem properly. ......At this time, don't behave in a panic, let alone do those irrational behaviors, this is the key to protecting yourself.

3. For the quarrel of the husband's divorce, he must resolutely protect his own interests in accordance with laws and regulations.

When her husband divorces out of love, the most rational thing to do is to resolutely protect her own interests in accordance with laws and regulations. ......Specifically, your words and deeds must be acted in accordance with laws and regulations, so that your words and deeds can be grounded, and your own requirements can be guaranteed and supported by relevant parties, so that your own interests can be effectively protected. ......This is a point that must be done when solving this problem on your own, only in this way can you effectively protect your own interests, so that this matter can be solved in the best way.

Legal Analysis: Methods of Maximizing Interests in Divorce: First, collect various evidence to prove that the other party is at fault, and the innocent party can claim damages and financial compensation. Second, collect evidence that the other party falsified the joint debts of the husband and wife in an attempt to encroach on the property of the other party.

Legal basis: Article 1091 of the Civil Code of the People's Republic of China Where any of the following circumstances leads to divorce, the innocent party has the right to claim damages: (1) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults.

Ways to get the best out of divorce:

First, collect all kinds of evidence to prove that the other party is at fault, and the innocent party can claim damages and economic compensation.

Second, collect evidence that the other party falsified the joint debts of the husband and wife in an attempt to encroach on the property of the other party.

Article 1091 of the Civil Code stipulates that in any of the following circumstances, if a divorce is caused, the innocent party has the right to claim damages:

a) bigamy; (2) cohabitation with another person;

(3) Committing domestic violence;

4) Abuse or abandonment of family members;

(5) There are other major faults.

Legal basis. Article 1091 of the Civil Code of the People's Republic of China [Compensation for Divorce] In any of the following circumstances, where a divorce is caused, the innocent party has the right to claim damages: (1) bigamy; (2) cohabitation with another person; (three ethnic groups) committing domestic violence; (4) Abuse or abandonment of family members to become talkers; (5) There are other major faults.

Article 1092 of the Civil Code of the People's Republic of China [Legal Consequences of One Party Infringing on the Joint Property of the Husband and Wife] Where one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, when the joint property of the husband and wife is divided in divorce, the other party may receive a small share or no share. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

The only rights and interests that can be protected after a divorce are custody and visitation rights for children. Other rights and interests are forfeited with the dissolution of the marriage.

In accordance with the relevant provisions of the Marriage Law:

After the divorce, the parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist. "The parent who is directly raising the child shall facilitate and actively assist the other parent and shall not hinder the exercise of the rights of the other party.

Accordingly, if the other party has violated the law in terms of custody and visitation rights of the child, it can present evidence and appeal to the people's court.

The income of insurance is the beneficiary, that is, the child, the child is still young You can get custody completely, it needs to be reminded that choose the most beneficial insurance for the child, otherwise the investment in insurance will be too large.