What do you think of the phenomenon of fake divorces, the reasons for the phenomenon of fake divorc

"Fake divorce"., I would like to ask what is a fake divorce? Is the seal on the divorce certificate fake, or the divorced person fake. There is no such thing as a "fake divorce" in the law, a divorce is a divorce.

The moment you stamp your divorce certificate, you have already dissolved your relationship.

In this case, the wife refuses to remarry, and waiting for her husband can only leave the houseI have to say that this wife's approach is really a good move. The previous version was that the husband refused to remarry, and the wife was forced to leave the house. This wife's successful transformation into a king has shown us what it means to be a foot tall and a foot tall.

I just want to say one word to this husband, yes. Since you want to take advantage of the loopholes of laws and policies, there are people waiting to take advantage of your loopholes. The praying mantis catches the cicada and the yellow finch is behind.

However, I still have some sympathy for this husband, after all, this mistake punished him a little too much. For this wife, although she reversed the situation of the man's refusal to remarry, it was very refreshing to watch. However, it is also sad at the same time.

I'm sure both of them must have agreed to this in advance, but while the husband was bent on finding various channels to buy a house, the wife was thinking about how to find a better way out for herself. It can't help but be sad that the trust between husband and wife has gone.

Those who have a so-called fake divorce in order to buy a house, I believe that sooner or later they will be punished, just like this husband. Marriage has never been a simple matter. Two people must have experienced a lot of hardships from love to marriage.

If it's such a big thing, why destroy it in order to buy a house. It is undeniable that buying a house is really a very important thing for many families, especially ordinary families, and many people spend their lives just to be able to have a home of their ownHowever, what is a house, what is home, what is home, and where there is a family, it is called a home. In order to buy a house, he does not hesitate to block his marriage, which is really not a rational thing.

The house is gone, so what's the point of all this.

A fake divorce is even more disrespectful to the law and a fraud that violates the law. Even if the spouses divorce for various purposes, divorce is divorce, which is real and protected by law. Once the husband and wife have registered their divorce, the marriage relationship will be dissolved immediately, and it is up to both parties to decide whether to remarry.

Those who have a fake divorce in order to buy a house have to accept the dangers of property and marriage at the same time as legal risks.

However, behind the fake divorce, we also see that many families can do anything to buy a house, so why do they have to pay such a big price to buy a house. It is also worth reflecting on why our system and policies force some people who want to buy a house to take risks to buy a house.

A fake divorce is not only a desecration of marriage, but also a disrespect for the lawThe state should introduce relevant laws and regulations as soon as possible to stop such egregious acts. Each of us should also respect the laws and regulations, restrain ourselves, and do what the law allows us to do.

Finally, I just want to say to those who are fake divorced: it is easy to buy a house, but it is not easy to get married, and you can do it and cherish it.

This makes me feel that "self-inflicted sins cannot live", looking at the law of historical development, many of the people who are deceived are greedy people, and this kind of buying a house and divorce itself is taking advantage.

We all know that the current housing prices are outrageous, even ordinary people know that there has been a big bubble in real estate, if this bubble bursts, China's economy may not be regressive for a few years, but many people are still at this time at all costs to speculate in real estate, to a certain extent, the housing prices have been inflated, which is incompatible with the direction of the country's current regulation, and even against the will of the state. In the face of personal interests and national interests, they have chosen their personal interests and cannot proceed from the overall situation, so I would like to condemn this kind of behavior.

This kind of behavior itself has a certain risk, because he is testing the weakness of human nature, human nature can not stand the test, the more you test, the stronger your disappointment, there is a selfish side in human nature, but usually we are bound by morality, society and human feelings in life and do not show so deliberately, and divorce to buy a house provides this opportunity, and finally there is a chance to fight for real estate, the evil side of human nature will be shown, and if you are not careful, the house will become someone else's. Moreover, we all know that when the two get married, they no longer have the feeling of being in love back then, and live a life of firewood, rice, oil and salt, so there are more contradictions in life, and there are more places where they are not used to each other, we find that many people after marriage will say I didn't find out that you used to be this person, because when we are in love, we always show our best side to the other half, and the shortcomings are hidden by ourselves, many married people do not want to get married but worry too much, such as the factors of children and the elderly, The factors of the house, etc., and now that I have this opportunity, why do I have to remarry after I divorce and divide the house, I wish I would stay away from you bastard as soon as possible. We have to understand that if we want to make a profit, we have to take a certain amount of risk, just like **.

But how to stop this kind of behavior, now relying on the law is almost impossible to contain, because divorce and marriage are completely personal freedom, even immoral divorce belongs to the category of morality and not to the category of law, the law is difficult to do something in this regard, we still hope that the relevant departments of the state can get along as soon as possible with a way to get along with the best of both worlds, since the soft landing of housing prices can not affect personal housing demand.

Divorce by husband and wife because of buying a house is a disgraceful means in itself, and there is nothing wrong with letting them suffer a little loss and remember it for a long time, but I want to remind the majority of friends who want to do this to harm others and themselves or give up, if you have to do this for some unavoidable reason, I suggest that you must think about the consequences, and do not end up getting married and divorced because of your own emotional affairs.

There is no such thing as a "fake divorce" in law, a divorce is a divorce. According to the law, once a personal relationship has been formed and has legal effect, it cannot be revoked. Even if the husband and wife agreed on a "fake divorce", since the two have received a divorce certificate or the court has made a divorce judgment, it is a real divorce from a factual and legal perspective.

Even if the husband and wife sign a "fake divorce" agreement at the time of divorce, the court will not, "such an agreement is known only to the husband and wife, and cannot be legally recognized and has no legal effect." ”

Marriage is a lifelong event, and most people are very cautious. Couples with normal emotional life want to dissolve their marital relationship, subjectively most of them are for the purpose of seeking improper benefits. Through the analysis of the above sham divorce cases, according to different motives and purposes, the reasons for "sham divorce" can be roughly summarized as follows:

1) Transfer of common property for the purpose of debt evasion. One of the spouses owes heavy debts due to poor production and management, or long-term low income and high consumption. In the face of the creditor's recovery, in order to repay the debt, he quickly divorced his spouse, and when dividing the joint property of the husband and wife, the rights and obligations in the content of the agreement were obviously unequal, and the property belonged to the spouse, and he was alone, and his whereabouts were uncertain after the divorce.

The creditor finds it, and the debtor is "empty-handed", so that the creditor has no choice, and even if the lawsuit is brought to the court, it is difficult to enforce it after winning the lawsuit.

2) Evading responsibility and resisting compensation. One of the spouses in a "sham divorce" is the person responsible for the tort, and the victim has suffered huge economic losses due to the major tort. In order to shirk the legal responsibility that should be borne in the future, the tortfeasor on the one hand negotiates with the victim and delays the time for the victim to file a lawsuit in the court, and on the other hand, he steps up the divorce registration formalities and confirms the property rights to the spouse who will not be liable for compensation in the future, creating the false impression that the tortfeasor is unable to compensate.

3) Fraudulently obtaining compensation for house demolition. In the process of old city renovation and urban expansion, some residents in the old city or suburbs need to be demolished and resettled. Since the compensation policy for demolition and relocation takes care of the houseless households, even part of the compensation is paid on a household-by-household basis.

As a result, after learning the news of the demolition, some households urgently divorced the husband and wife in order to obtain more compensation or housing resettlement area, or the house was owned by one party, or one household was divided into two households, and illegal benefits were defrauded.

4) Evading policies and unplanned births. The practice of family planning is China's basic national policy and the obligation of every citizen. But some people are influenced by old ideas such as having more children and more blessings, and preferring sons over daughters, and always try to have more children and more children.

In order to achieve the purpose of superbirth, after the woman became pregnant, she went through the divorce procedures on leave, and then resumed the marriage after the child was born.

5) Occupy more homesteads. According to the relevant regulations of the land management department, there is a certain limit on the usable area of each urban resident's grandson's first house, otherwise, the excess part will be transferred by the relevant departments to others, or a high land use fee will be levied.

In practice, there are also some couples who "fake divorce" for reasons such as defrauding the subsistence allowance and going abroad.

Legal analysis: 1. If none of the parties to a false divorce is married to a third party, the divorce can be declared invalid. 2. If one or both of the parties to a false divorce have already married a third party, their remarriage shall be recognized as valid, and at this time, the right of the parties to the false divorce to request that the false divorce be declared invalid shall be extinguished, and the original false divorce shall take legal effect.

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 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.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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.

Legal analysis: 1. Circumvent the "purchase restriction order" to meet the conditions for purchasing a house.

2. "Fake divorce" in order to avoid taxes and fees.

3. "Fake divorce" in order to obtain the proceeds of demolition.

4. Transferring assets, evading family planning policies, etc.

Legal basis: Article 1679 of the Civil Code of the People's Republic of China Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

Legal analysis: 1. Circumvent the "purchase restriction order" to meet the conditions for purchasing a house.

2. "Fake divorce" in order to avoid taxes and fees.

3. "Fake divorce" in order to obtain the proceeds of demolition.

4. Transferring assets, evading family planning policies, etc.

Legal basis: Article 1078 of the Civil Code of the People's Republic of China Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property and debt handling, they shall register and issue a divorce certificate.