How long does it take for separation to be automatically dissolved under the new marriage law

A marriage without feelings is a pain for both of them, and choosing to divorce is not a relief, escaping from this fetters and starting again to find happiness. There are usually two ways to get divorced, one is divorce by agreement and the other is divorce by litigation. However, there is often another way of divorce in society, "the husband and wife can automatically dissolve the marriage relationship after two years", is this sentence true?

In fact, the sentence "husband and wife can automatically dissolve their marriage after two years of separation" is a false propagation that "if they have been separated for two years due to emotional discord, it can be determined that the relationship between husband and wife has indeed broken down".

In other words, no matter how long the separation lasts, the marriage relationship cannot be automatically dissolved, and the only way to divorce is through mutual agreement or litigation.

But it is worth noting three points:

The first reason for separation is because of emotional discord, not for work, study, etc.;

The second separation must be two years, and these two years are two years of continuity, and if there is reconciliation and resumption of cohabitation in the middle, the time must be counted anew.

The third is that the judge can conclude that the relationship between the husband and wife has indeed broken down, but it is not the case that this situation has occurred and the divorce is directly granted.

The essence of a successful divorce is to prove that the relationship between the husband and wife has indeed broken down, and only on the basis of proving that the relationship between the husband and wife has broken down will the court grant the divorce.

2. Other common situations that can prove the breakdown of the relationship between the two parties:

1. One party has bigamy or cohabitation with others;

2. One party has domestic violence or abuses or abandons other family members;

3. Repeated gambling, drug abuse, and other behaviors that do not change;

In conclusion, no matter how long a husband and wife have been separated, they cannot automatically dissolve their marriage, but only through divorce by mutual agreement or litigation.

Marriage must be entered into free and complete free will without coercion by either party or interference by any third party.

Article 6: The age of marriage shall not be earlier than 22 years old for men and 20 years old for women. Late marriage and childbearing should be encouraged.

Article 7: In any of the following circumstances, marriage is prohibited: (1) direct blood relatives and collateral blood relatives within three generations; (2) Suffering from a medical illness that is medically deemed unfit for marriage.

Article 8 A man and a woman who wish to marry must register their marriage in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered.

Article 9: After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, according to the agreement between the man and the woman.

Article 10: Marriage is invalid under any of the following circumstances: (1) bigamy; (2) There is a family relationship that prohibits marriage; (3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage; (4) They have not reached the legal age for marriage.

Article 11: Where a marriage is entered into due to coercion, the coerced party may request the marriage registration authority or the people's court to revoke the marriage. A request by the coerced party to annul the marriage shall be submitted within one year from the date of registration of the marriage. Where a party whose personal liberty has been unlawfully restricted requests the annulment of marriage, it shall be submitted within one year from the date on which personal liberty is restored.

Article 12 A marriage that is invalid or annulled shall be null and 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 this Law on parents and children shall apply.

First, there is no new marriage law, and the Civil Code will come into force on January 1 next year, and the marriage law will be repealed. Second, the content has not changed much, and there has never been an automatic dissolution of marriage due to separation. Marriages are still dissolved by mutual agreement or by court decision.

First of all, it is not possible to separate for a long time, and it is impossible to automatically dissolve the marriage. If you do not go through the divorce procedures prescribed by law, you will not automatically divorce if you live apart for a long time. There are two ways to divorce, one is divorce by agreement and the other is divorce by court proceedings.

Article 32 of the latest Marriage Law of the People's Republic of China (repealed as of January 1, 2021) stipulates 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 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 abuse that they do not change;

4) Separated for two years due to emotional discord;

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

Therefore, if you have been separated for more than two years, you can only get a divorce through litigation divorce, rather than automatically divorce.

Article 1079 of the Civil Code: 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, 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.

In the eyes of many, marriage is an accelerationIf the relationship between the husband and wife is not harmonious, then it will be another kind of pain! In this case, one of the parties is resolutely unwilling to divorce and can only adopt some special methods! Now the law is more and more humaneMarriage is unhappy, many people want to divorce and want to break free from this cage!

Husband and wife separate! Before marriage, the two may be happy and in love, but after marriage, with each other living together, with different living habits and lifestyles, if the other party still has some bad habits, with the passage of life bad habits will slowly be displayed! The three views of the two are different, the estrangement is getting more and more, and what comes later is endless quarrels!

Who wants to have a relationship that grows old? Not everyone can meet someone who will spend their life together! Sometimes it's not suitable, just choose to separate! Probably this is the best option for both parties.

Many people will choose to separate, which is stipulated in the new marriage lawBut a long-term separation does not mean an automatic divorce!

Separation can only be achieved for more than two years! There are three ways to divorce, the first is to go to the court for divorce, the second is for the two to go to the Civil Affairs Bureau to divorce by themselves through negotiation, and the third is in the new marriage law: if the husband and wife have been separated for more than two years due to emotional disagreement, they can be divorced!

People are changing, especially with the pressure of life and the change of three views, in my opinion, a person changes very quicklyThat's why the post-00s are feeling more and more afraid of marriage now! As a post-00s, I don't want to get married very much, it feels like a cage!

Separation is not the same as divorce! Husband and wife can apply for divorce after two years of separation, if one of the men and women requests a divorce, apply to the relevant departments or the court, two people can not live together because of the breakdown of the relationship, here is a requirement from separation to appeal, this time period must reach more than two years, otherwise the divorce cannot be determined!

In my opinion, if the relationship between the two really reaches a breakdown and is not even as good as a stranger, divorce it, leave a good impression on each other, and leave the best memories! I hate stalking the most!

First of all, no matter how long the separation is, the relationship between the husband and wife will not be automatically dissolved. Legally speaking, no marriage can be divorced automatically, and divorce is subject to formalities. There are only two ways to get divorced:

Divorce by mutual agreement or litigation. Secondly, if the divorce is due to separation, certain conditions need to be met: first, the two parties are required to live separately for two consecutive years and not fulfill their marital obligations to each other.

Second, the parties are separated due to emotional discord. Third, it needs to be mediated by the court, and there is no possibility of reconciliation. Therefore, the statement that "two years of separation automatically divorces" is false.

Questions. If you start separating now, and sue two years later, will these three requirements be satisfied?

Yes.

Generally, the marriage can be automatically dissolved after more than two years of separation, and at this time, you should go to the relevant place to apply for divorce, and you will get a very good result.

In the new Marriage Law, it is stipulated that the marriage can be automatically dissolved after two years of separation, and there is no need to go to the court to file an appeal, and the resignation procedures can be handled directly.

No matter how long the separation is, the marriage cannot be automatically dissolved. If the mediation is ineffective after two years of separation due to emotional discord, it is one of the circumstances under which the people's court should grant a divorce. 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.

No. How long a separation does not automatically dissolve the marriage. The only way to dissolve a marriage is to divorce by mutual agreement or litigation, or if one of the parties to the marriage dies or is declared dead.