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Anonymous users2024-02-08Specifically, it depends on whether the divorce is mediated in court or by agreement at the marriage registration office of the civil affairs department, if the former can apply for enforcement according to the mediation document, and the latter needs to go to the court to sue for alimony. Since the law does not give the civil affairs department an enforceable divorce agreement, you cannot apply to the civil affairs department or the court to enforce it based on the divorce agreement. Because the man and woman go to the civil affairs department to divorce and reach an agreement on child support, property division and other issues, it is the result of the consensus of both parties on the premise of equality and voluntariness, and the agreement has the nature of a civil contract and is legally binding on both parties, and either party should accept the legal consequences brought about by this agreement without special reasons.
Article 8 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates that: "The agreement on the division of property reached in the divorce agreement shall be legally binding on both the man and the woman. Where a dispute arises between the parties arising from the performance of the above-mentioned property division agreement, the people's court shall accept it.
You can file a lawsuit with the court, and after the legal documents made by the court, the agreement on the payment of child support in the divorce agreement becomes legally enforceable. Once you do not voluntarily perform, you can apply to the court for enforcement accordingly.
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Anonymous users2024-02-071. Who is in the hands of the custody of the child.
2. You can file a lawsuit with the court.
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Anonymous users2024-02-06Legal analysis: If the person who has the ability to pay alimony but does not bear it, 1. If the alimony is agreed in the divorce agreement, one party can sue the people's court at the place of the other party's household registration or habitual residence to require the other party to pay alimony; 2. In the case of divorce by litigation, one party may apply to the people's court for compulsory enforcement by virtue of the divorce judgment or ruling; If the other party really does not have the ability to pay alimony, the parties can negotiate a settlement or petition the court to change the amount of alimony.
Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be eliminated due to the divorce of the parents of the original relative. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.
After divorce, parents still have the right and obligation to raise, educate and protect their children.
In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.
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Anonymous users2024-02-05Legal analysis: You can go to the court to report, and the court of first instance will educate and warn the parties who do not enforce the judgment, and urge them to perform the duty of raising children. If the other party still fails to pay child support, he can file an enforcement lawsuit with the court.
Legal basis: Article 1085 of the Civil Code of the People's Republic of China After divorce, if the 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 determined by agreement between the 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.
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Anonymous users2024-02-04Legal analysis: If the person who has the ability to pay alimony but does not bear it, 1. If the alimony is agreed in the divorce agreement, one party may file a lawsuit with the people's court at the place of the other party's household registration or habitual residence to require the other party to pay alimony; 2. If the lawsuit is divorced, one party may apply to the people's court for compulsory enforcement by virtue of the divorce judgment or ruling; If the other party really does not have the ability to pay child support, the two parties can negotiate a settlement or apply to the court to change the amount of child support.
Legal basis: Article 1085 of the Civil Code of the People's Republic of China.
After the divorce, if the 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.
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Anonymous users2024-02-03Summary. 1. If the alimony agreed in the divorce agreement, one party may file a lawsuit with the people's court at the place of the other party's household registration or habitual residence to require the other party to pay alimony; 2. In the case of divorce by litigation, one party may apply to the people's court for compulsory enforcement by virtue of the divorce judgment or ruling; If the other party really does not have the ability to pay alimony, the parties can negotiate a settlement or petition the court to change the amount of alimony.
Pro, good boss, The divorced ex-husband does not pay alimony1, if the alimony agreed in the divorce agreement, one party can sue the people's court at the place of the other party's household registration or habitual residence to require the other party to pay alimony; 2. In the case of divorce by litigation, one party may apply to the people's court for compulsory enforcement by virtue of the divorce judgment or ruling; If the other party is indeed unable to pay child support, the parties can negotiate a settlement or ask the court to change the amount of child support.
2. After the divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses 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. Kwan Chung suspects that the agreement or judgment on the child's living expenses and education expenses does not prevent the child from making reasonable demands to either parent in excess of the original amount of the agreement or judgment when necessary.
Legal basis: Article 1084 of the Civil Code of the People's Republic of China.
The divorce agreement is a written material that must be submitted when both parties agree to divorce, which generally needs to be drafted after consultation between the two parties, and signed and confirmed by the Civil Affairs Bureau in front of the staff. The agreement needs to consist of three parts, the first part is the voluntary divorce of both parties; The second part is who owns the custody of the child, the amount, scope, payment method, method of exercising the right of visitation, time, special agreements for winter and summer vacations, etc.; The third part is the division of property, which is determined according to the type of property, for example, the first item is real estate, followed by the types of property such as cars, deposits, insurance, bonds, creditor's rights and debts, etc. The divorce agreement needs to focus on the parts that are particularly prone to disputes according to the focus of the dispute between the parties, and make an agreement according to the specific circumstances of both parties to avoid future legal risks. >>>More
If one party can prove that the other party used fraud, coercion or other improper means against the other party during the divorce to divide the property, he or she can apply to the court to modify or revoke the property division agreement within one year after the divorce by mutual agreement. >>>More
The procedures and documents required for an uncontested divorce are: >>>More
In the marriage relationship, when the relationship between the husband and wife breaks down and the husband and wife decide to divorce, many people take the form of divorce by agreement by both parties to go to the Civil Affairs Bureau to register the divorce, which is relatively fast as long as the two parties can reach an agreement. But in many cases, both parties have to change the divorce agreement after the divorce, so change the divorce agreement to **? A divorce agreement is an agreement reached by the husband and wife on child support and property division, and the agreement is valid as long as it is the true expression of the intention of the husband and wife and does not violate the mandatory provisions of the law. >>>More
If both parties want to divorce by agreement and go to the Civil Affairs Bureau for divorce, you need to bring the following documents, first, the ID cards of both parties, the household registration book of the second party, the marriage certificate of both parties, the fourth, the divorce agreement reached by both of you, and the fifth, which is the ** of the single person.