How to prove separation in the event of divorce, and what is the evidence that can prove the separat

The Marriage Law specifically stipulates five circumstances for divorce, of which the fourth circumstance is that if the husband and wife have been separated for two years due to emotional discord, mediation shall be granted, and if mediation fails, the divorce shall be granted. Judging from the previous provisions, the separation here must be caused by the discord between the husband and wife, and cannot be other unrelated reasons, otherwise the separation cannot be used as a ground for divorce. Proof of separation of husband and wife:

1. The lease contract of the house where one party lives outside; 2. The written agreement on the separation of husband and wife signed by both parties must be in writing, and the oral agreement must be recognized by the other party; 3. The written separation document issued by one party to the other party is preferably mailed by express mail, indicating "separation" in the remarks column, and keeping the mailing voucher, from the date of mailing to the time of divorce of the husband and wife; 4. The letters, e-mails, etc. exchanged between the two parties can prove the fact that the two parties are not in harmony and separate; 5. Witnesses can also be used, such as friends or relatives who both parties know, but because witnesses often have an interest in the party who testifies for them and separation is a "private matter" of husband and wife, it is difficult for the court to accept the testimony of a single witness, and it should be supplemented by other evidence.

It can be used to prove that the parties have been separated for two years, and the relationship has indeed broken down, and there is no relevant evidence of the possibility of reconciliation. It can be audio or video recordings, etc. Article 63 of the Civil Procedure Law Evidence includes:

1) Statements of the parties; (2) documentary evidence; (3) Physical evidence; (4) audio-visual materials; (5) Electronic data; (6) Witness testimony; (7) Appraisal opinions; (8) Inquest records. Evidence must be verified to be true before it can be used as a basis for determining facts. Article 64: Parties have the responsibility to provide evidence for their own claims.

The people's court shall investigate and collect evidence that the parties and their litigants are unable to collect on their own for objective reasons, or evidence that the people's court finds necessary for the trial of the case.

Legal analysis: common evidence that can prove the separation of husband and wife: 1. The housing lease contract in which one party lives outside; 2. The written agreement on the separation of husband and wife signed by both parties must be in writing, and the oral agreement must be recognized by the other party; 3. The letters, e-mails, etc. exchanged between the two parties can prove the fact that the two parties are not in harmony and separate; 4. Friends or relatives who know each other testify, but the testimony of a single witness is difficult for the court to admit, and other evidence should be supplemented.

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 prematurely;

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.

Legal analysis: 1. The house lease contract or the property certificate of the house where one party lives in seclusion outside the world.

2. The written agreement on the separation of husband and wife signed by both parties.

3. Witness testimony of relatives and friends.

4. Letters, e-mails, and text messages exchanged between the two parties.

Legal basis: Article 63 of the Civil Procedure Law of the People's Republic of China Evidence includes:

1) Statements of the parties;

(2) documentary evidence; (3) Physical evidence;

4. Audio-visual materials;

(5) Electronic data;

(6) Witness testimony;

(7) Appraisal opinions;

(8) Inquest records.

Evidence must be verified to be true before it can be used as a basis for determining facts.

In the event of a divorce, the husband and wife can prove their separation by the following evidence:

1. Housing lease contract;

2. The written agreement on the separation of husband and wife signed by both parties.

3. Witness testimony of neighbors;

4. The content of the letters and e-mails exchanged between the two parties and the fact that the two parties are not in harmony and separate.