What preparations need to be made before divorce and what to pay attention to

When the parties cannot live together, divorce becomes the only option. Whether it is an uncontested divorce or a litigated divorce, preparation is very important. There are three main things to prepare for a divorce:

First, the collection of relevant evidence, second, the protection of family property, and third, a good conjugal agreement, although it may not be possible, it is always good to try to pay for it. For the vast majority of parties, because they have no experience in litigation, they do not have the awareness to collect and organize evidence. However, the court's trial of cases revolves around "evidence", and without evidence, it is often "justified but unable to win the lawsuit".

Therefore, it is very important to collect relevant evidence around one's own litigation claims before filing a lawsuit. After one party sues, the other party often moves on to the wind and transfers the joint family property. Therefore, before filing a lawsuit, do not startle the snake, and quietly collect and sort out the relevant evidence of the joint property of the husband and wife.

For example, the collection of capital contributions or warrants by shareholders of the company, the collection of relevant financial statements, the opening bank of the passbook, the shareholders of the other party, the copy of the house ownership certificate, the protection of valuable gold and silver jewelry, and the invoice or video recording of the common property of the family. When necessary, litigation preservation measures may even be used.

Before suing for divorce for the second time, you need to prepare evidence to assert your claim. In civil cases, the evidence of who asserts and who presents evidence shall be prepared for prosecution. The basis for the judgment of divorce is the breakdown of the relationship between the husband and wife, and you should have the evidence of the breakdown of the relationship between the husband and wife, so that you can get the support of the court and win the case.

What you need to do to prepare for a divorce is explained below:1. Collection of relevant evidence;

2. Protection of family property;

3. Arrangements for children's life and study.

There are two ways to dissolve a marriage:

1. Reach an agreement and register the divorce with the marriage registration authority;

2. Filing a lawsuit with the people's court, and the people's court will make a judgment or mediate the divorce.

There are only three possibilities for the termination of a marriage:

1. Divorce by agreement;

2. Divorce by litigation;

3. One of the spouses dies or is declared dead.

Emotional matters can be handled by two people, and the issues of property, debts and custody should be left to our professionals, which can actually avoid further intensification of conflicts between husband and wife to a large extent. So, what should you do before getting divorced?

First, make sure that your divorce is a mature and rational decision.

Second, make sure that you are mentally and emotionally able to accept the fact of divorce.

Third, make sure that you can let go of grievances and open the shackles of your heart.

Clause. Fourth, ensure that your rights and interests are not compromised and pave the way for your future life.

Fifth, make sure you still have faith in happiness and don't magnify the pain of divorce.

We should take life as a practice, from ignorance to wisdom, from ignorance to shrewdness, constantly gaining and losing, constantly hurting and growing. With tears in my eyes, I understood one truth after another. We must learn to actively endure all kinds of shortcomings in life, wipe away tears, and live with heart.

Before divorcing, pay attention to these preparations:

1. Consult a lawyer.

A professional divorce lawyer will be able to advise you on your own situation and give your own opinion on the case.

For example, in some cases, moving out of the house with children while preparing for divorce is not a good option, and you may not know the reason for these if you do not consult a lawyer.

2. Copy the evidence and make a list of the family property of the Chaizen family.

Then before the showdown for divorce, go through all the documents in the house and make copies of all the documents that can be found.

Also, don't forget to check your home computer, as it may contain important financial information**.

3. Find out your spouse's exact income.

4. Build your own jujube reserves.

In the future, you need to take on your own life and even need to raise your own children. Have a certain amount of money reserves, so that you can calmly face your future life.

5. Be considerate of your child and know what you really think.

In addition to the parties, children are the ones who suffer the most in divorce cases. Therefore, even if you are going to get divorced, do not quarrel with your spouse in the interview with your children.

Of course, you should not choose not to divorce in order not to hurt your children, because the whitewashed peace can be seen through by your children. When encountering problems, facing them bravely is a positive education for children.

First of all, we must consider the child, calm the child's emotions, and have assets to figure out, and try to break up peacefully, which will also be good for the child.

The pre-divorce preparations are:

1. If the two parties divorce by agreement, prepare the household registration booklet, ID card, marriage certificate, and divorce agreement signed by both parties;

2. If it is a lawsuit divorce, prepare the parties' personal knowledge certificates, marriage certificates, indictments and copies, as well as relevant evidence materials.

[Legal basis].

Article 11 of the Marriage Registration Regulations.

Mainland residents who have registered for divorce shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card;

2) The person's marriage certificate;

3) A divorce agreement signed by both parties.

In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passes and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents.

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

Legal analysis: If the woman wants to divorce, the woman can make the following preparations before the divorce: 1. Prepare a marriage certificate and ID card; 2. If the property is not very clear, it needs to check the property in the man's name and the joint property of the husband and wife; 3. If you have children, you need to do your children's work in advance.

Article 1062 of the Civil Code of the People's Republic of China: Article 1062 The following property acquired by a husband and wife during the existence of a marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) Wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

If the woman wants to get a divorce, she can make the following preparations before the divorce:

1. Prepare marriage certificate and ID card;

2. If the property is not very clear, it needs to check the property in the man's name and the joint property of the husband and wife;

3. If you have children, you need to do your children's work in advance.

1. What documents do the women need to bring to sue for divorce?

The materials required to sue for divorce are:

1. Marriage certificate, proving that there is a legal and valid marriage relationship between the two parties, if the marriage certificate cannot be provided, you can go to the marriage registration authority to print a certificate of marriage relationship;

2. ID card to prove that you are the subject of litigation in accordance with the law;

3. If there is a child who needs to determine custody, provide the child's birth certificate;

4. If there is property or debt to be divided, it is necessary to provide evidence of property or debt;

5. The civil complaint clearly states the identity information, facts and reasons of both parties.

The conditions for divorce include:

1. If the relationship between the husband and wife breaks down, as long as the relationship between the husband and wife breaks down and the mediation is invalid, the court will generally grant the divorce;

2. If one party has bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members, gambling, drug abuse and other vices, and the whereabouts are unknown, etc., and the two parties have been separated for two years due to emotional discord.

2. What should the husband do if he does not agree to the divorce.

If the man does not agree to the divorce, the woman can unilaterally sue for divorce, and the specific process and materials are as follows: 1. Write a divorce complaint; 2. Prepare the certificates and evidence required for the divorce proceedings, the original and photocopy of the marriage certificate, ID card, the child's household registration or birth certificate, and the evidence of relevant property banquet Luliang, including the original and photocopy of the real estate certificate; 3. Take the prepared materials to the competent court to file a lawsuit, and go to the case filing court to go through the relevant procedures.

3. Can the dowry be taken with the wife when she divorces her husband?

The way to determine whether the dowry can be brought by the woman at the time of divorce: if the dowry is recognized as the woman's personal property, the woman can take it away at the time of divorce, and if it is recognized as the joint property of the husband and wife, it needs to be divided. For real estate, vehicles, etc., if the property rights are registered in the woman's name, they belong to the woman; If the names of both parties are registered or registered in the name of the husband, it is recognized as the joint property of the husband and wife.

Article 1062 of the Civil Code of the People's Republic of China The following property acquired by husband and wife during the existence of the marital relationship is the joint property of the husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses, and remuneration for labor services; (2) Income from production, operation and investment; (3) the proceeds of intellectual property rights; (4) Inherited or donated property, except as provided for in item 3 of Article 163 of this Law; (5) Other property that shall be jointly owned. Husband and wife have equal rights to dispose of joint property.