Can a child be divorced under the age of one, and how to arrange the child and property

Golden Key Law (WeChat***) answers for you: Article 34 of the "Marriage Law" stipulates that the man shall not file for divorce during pregnancy, within 1 year after childbirth or within 6 months after the termination of pregnancy, and if the woman files for divorce, or if the people's court deems it necessary to accept Party A's request for divorce, this limitation is not applicable.

Article 1 of the Supreme People's Court's Several Specific Opinions on the Handling of Child Support Issues in Divorce Cases by People's Courts stipulates that children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

The other party is responsible for the cost of child support.

PropertyPre-marital property belongs to the individual, and property acquired during the existence of the marital relationship is divided according to the joint property.

If the Civil Affairs Bureau registers the divorce, then yes.

In the case of divorce by court proceedings, the law stipulates that the husband may not file a divorce lawsuit within one year of the woman's childbirth, unless it is necessary and with the permission of the court. There is no restriction on a divorce from a woman.

Children and property、If there is an agreement, then it will be handled in accordance with the agreement。 If not, the breastfeeding child will be raised by the woman as the principle, and will comprehensively consider which party can give the child better economic conditions, educational resources, emotional companionship, etc.

Legal Analysis: If the child is still breastfeeding, even if the woman is not working, because the child is under the age of two, the court will generally prefer to award the child to the woman. According to the provisions of the law, the court's decision on the custody of the child is generally based on comprehensive considerations such as the age of the child, the economic conditions of both parties, the stability of the job, and whether the parents of both parents are willing to help take care of the child.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children is not extinguished by the divorce of the 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.

The woman can file for divorce, but the man is not allowed to file for divorce. If the woman agrees to divorce by mutual agreement, the husband must pay child support because it involves the maintenance of the child.

According to Article 1090 of the Civil Code, in the event of a divorce, if one party has difficulties in living, the other party who can afford it shall give appropriate assistance. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Can a child be divorced if he is under one year old?

The woman proposed that the divorce could be granted. It is during the breastfeeding period that the man is not allowed to file for divorce.

If the woman agrees to divorce by mutual agreement, since it involves the maintenance of the child, the husband must pay as child support, and it is not a matter of compensation.

In the event of a divorce, if one party is in financial difficulty, the other party shall provide appropriate assistance from his or her personal property, such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

Article 1082 of the Civil Code: The man shall not file for divorce during the woman's pregnancy, within one year after giving birth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

Can a child be divorced when he is one year old.

OK. If both parties agree to divorce through consultation: After the two parties have written the divorce agreement, they can go to the civil affairs bureau to register the divorce and obtain the divorce certificate.

If the negotiation on property or other issues cannot be reached, and the divorce lawsuit is filed quickly: during the pregnancy, within one year after childbirth or within six months after the termination of pregnancy, the court will not accept the lawsuit, unless the man has evidence to prove that the child conceived by the woman is not his own or the woman has special circumstances that seriously endanger the life and safety of the man. However, during this period, the woman has the right to sue for divorce, and the court will accept it.

Legal basis:

Legal analysis: divorce by agreement is possible, but the court will not support the divorce by litigation. According to Chinese law, a man may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy.

This restriction does not apply where the woman files for divorce, or where the people's court finds it truly necessary to accept the husband's request for divorce.

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 mediation fails, the divorce shall be granted.

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 allowed, the parties have been separated for another year, and one party initiates a divorce lawsuit 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.

Article 1087: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.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

According to the provisions of the Civil Code, within one year after the woman gives birth, the man can generally not file a request for divorce, but this does not prohibit the woman from filing a request for divorce, that is, when the child is less than one year old, the woman has the right to file for divorce, and if the court believes that it is really necessary to accept the man's request for divorce, it should also be accepted. Legal basis:

Article 1082 of the Civil Code of the People's Republic of China The man shall not file for divorce during the period of pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.