The new Marriage Act stipulates which cannot be divorced

The circumstances under which divorce is not allowed in the new Marriage Law include the following circumstances:

Situation. 1. The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy.

Situation. 2. In divorce cases where the judgment does not allow divorce and mediation is reconciled, and the plaintiff withdraws the lawsuit or handles it as withdrawn, there are no new circumstances or new reasons, and the plaintiff files another lawsuit within six months.

Situation. 3. The spouse of a serviceman on active duty must obtain the consent of the serviceman if he or she requests a divorce, unless one of the servicemen is seriously at fault.

Situation. 4. If one party suffers from mental illness and the other party requests a divorce, the handling should not only protect the freedom of marriage, but also facilitate the patient's ** and living arrangements. If the illness is concealed before marriage and cannot be cured after marriage, the divorce should be granted by doing a good job.

Legal basis] Article 34 of the Marriage Law prohibits the filing of divorce.

The man may not file for divorce during pregnancy, within one year after childbirth, or within six months of the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.

1. Unable to provide the original documents.

The new marriage law stipulates that if the husband and wife cannot provide the original marriage certificate when they go through the divorce, then the divorce cannot be processed.

2. The relationship between husband and wife has not broken down.

At the time of divorce, the husband and wife will be asked about the reason for the divorce, if it is only because of some trivial things, and cannot provide evidence of the breakdown of the relationship, then the divorce is not allowed.

3. Separation has not lasted more than two years.

In the legal sense, if the separation has been for a long time, it can be determined that the relationship between the husband and wife has broken down, but if it has not been two years, the divorce is not allowed.

4. The woman's pregnancy.

Under the Marriage Act, if the woman is pregnant or breastfeeding, the man cannot file for divorce, except in exceptional circumstances.

5. One party disagrees.

Divorce is also voluntary, and if the mutual will of both parties cannot be reached, the court will not allow the divorce.

6. Military families.

If you are married to a soldier, you must get the man's consent before divorcing. If the husband does not agree, or if there is no major mistake, the divorce is not allowed.

The new Marriage Law has lapsed and the Civil Code stipulates that divorce cannot be granted in the following circumstances:

1. If the spouse is a non-active soldier, the soldier has no major fault during the marriage, and the non-military party shall not claim divorce without the consent of the serviceman;

2. During the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy, the man initiates divorce proceedings without legal reasons, etc.

Legal basis

Article 1081 of the Civil Code.

The spouse of a serviceman on active duty who requests a divorce shall obtain the consent of the serviceman, except where one of the servicemen is seriously at fault.

Article 1082.

The man may not file for divorce during the woman's 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.

New provisions on divorce: The Marriage Law has lapsed, and the new Civil Code retains some of the previous provisions, adding a cooling-off period, that is, if a divorce is registered at the marriage registration authority, there will be a 30-day cooling-off period, and within these 30 days, the divorce can be revoked at any time.

Legal basisArticle 1077 of the Civil Code of the People's Republic of China.

Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.

Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.

The Marriage Law stipulates that for couples who voluntarily divorce, they can go to the Civil Affairs Bureau to register their divorce together, and then go through a one-month cooling-off period.

The specific content of the principle of equality between men and women in the Marriage Law is as follows:

Men and women have the same right to enter into marriage;

Men and women have the same right to petition for divorce;

In the event of divorce, both men and women have the right to an equal division of the joint property of the husband and wife; Wait a minute.

The new Marriage Law has lapsed, and the new provisions of the Civil Code on divorce are:

1. A new cooling-off period for divorce by agreement is set up for a period of one month;

2. When it comes to the determination of real estate ownership, the protection of property rights is strengthened, and the capital contribution share is used as the basis for determination, and the two parties agree to supplement it, and the registrant is not the sole basis for the determination of ownership;

3. Other new regulations are lacking and determined.