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If you want to file a lawsuit, you can only preserve it.
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Legal Analysis: Divorce property preservation is not always valid, but has a time limit. According to Article 487 of the Interpretation of the Supreme People's Court on Application, the period for which a people's court may freeze the bank deposits of a person subject to enforcement shall not exceed one year, the period for sealing or seizing movable property shall not exceed two years, and the period for sealing up the remaining hail property and freezing other property rights in Fuzhou shall not exceed three years.
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:Where one party directly raises the children after a divorced marriage, 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.
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The court shall make a ruling within 48 hours after receiving the application for preservation, and if the court decides to take preservation measures, the group may immediately carry out property preservation and preserve the property by sealing, seizing, freezing or other methods prescribed by law.
[Legal basis].
Article 101 of the Civil Procedure Law.
Where an interested party does not immediately apply for preservation due to an urgent situation, its lawful rights and interests will be irreparably harmed, it may apply to the people's court with jurisdiction over the case for the place where the property subject to preservation is located, the place where the respondent is domiciled, or the people's court with jurisdiction over the case before initiating a lawsuit or applying for arbitration.
The applicant shall provide a guarantee, and if the applicant does not provide a guarantee, a ruling shall be made to reject the application.
After the people's court accepts the application, it must make a ruling within 48 hours; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.
Where the applicant or filial piety applicant does not initiate litigation or apply for arbitration in accordance with law within 30 days after the people's court takes preservation measures, the people's court shall lift the preservation.
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Divorce cases can be bent to apply for property preservation. According to Article 100 of the Civil Procedure Law, if it is difficult to enforce the judgment or cause other damage to the party due to the conduct of one of the parties or other reasons, the party may apply to the people's court for property preservation.
[Legal basis].Article 100 of the Civil Procedure Law of the People's Republic of China.
In cases where it may be difficult to enforce a judgment or cause other harm to a party due to the conduct of one of the parties or other reasons, the people's court may, upon the application of the opposing party, rule to preserve its property, order it to perform certain acts, or prohibit it from doing certain acts; Where the parties bury their heads and do not submit an application, the people's court may also rule to adopt preservation measures when necessary. The people's court may order the applicant to provide security if the applicant does not provide a guarantee, and rule to reject the application. After the people's court accepts the application, it must make a ruling within 48 hours if the situation is urgent; Where a ruling is made to employ preservation measures, enforcement shall begin immediately.
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In the process of divorce and marriage, if one party deliberately conceals or transfers common property, the other party can apply to the court for the preservation of the property of Caixin Judan.
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Property preservation in the event of divorce shall be carried out in accordance with the steps of divorce property preservation. Where one of the spouses has concealed, transferred, sold, damaged, or squandered the joint property of his or her wife, the other spouse may directly apply to the court for preservation. When a people's court adopts litigation preservation measures, it requires the applicant to first provide a guarantee or pay a security deposit, and submit an application that meets the statutory requirements.
The court will determine the amount of the property security according to the specific circumstances.
[Legal basis].
Interpretation of the Supreme People's Court on the Application of the Civil Code of the People's Republic of China on Marriage and Family (1) Article 85: Where one of the husband and wife applies for the adoption of preservation measures against the personal property of the spouse or the joint property of the husband and wife, the people's court may, within the scope of the losses that might be caused by the preservation measures, determine a reasonable amount of property balance guarantee based on the actual circumstances.
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