Divorce law: how property and children are divided

The law pays attention to evidence, and who asserts who adduces evidence, you assert: The 20,000 and 80,000 that your parents accompanied you were taken away by your mother-in-law, do you have evidence to prove it? If you don't have evidence, then it will be difficult for the court to support your request.

I think in your case, you can find a witness and use witness testimony to prove that your money was taken by your mother-in-law. As for child support, you don't have to worry about this, couples will negotiate child support when they divorce, if you can't negotiate the amount, then you can go to the court to sue and ask the court to solve it, I believe you will get a satisfactory result.

Don't worry too much, lady, the law can still solve the problem.

1.Husband and wife have an obligation to support each other, and if the husband fails to fulfill the corresponding obligation during childbirth, he is at fault, but it has not yet reached the legal cause of divorce damages under the Marriage Law, "abuse and abandonment of family members", but it can be used as a discretionary circumstance.

2.It has become a fact that the money given to you by your parents belongs to you personally, not to the joint property of the husband and wife, and the clothes before marriage belong to gifts, and this part of the money should not be returned, but your parents' money can be returned.

3.The husband must pay child support, which is a legal obligation.

If the two parties can reach an agreement on the children and property, then the divorce by agreement is more cost-effective and labor-saving, if not, they have to use the litigation process, but even so, it is better to adjust, and the lawsuit has to pay the legal fees, and if you hire a lawyer, you have to pay the lawyer's fees. It's still okay for both parties to reason calmly.

Finally, I wish you a speedy solution to the problem and a happy life!

Legal analysis: 1. Ownership of children: After divorce, children under the age of two shall be directly raised 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.

2. Distribution of property: In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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.

Legal basis: Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of parents. 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.

The property of the divorced husband and wife can be divided, but the wild tribe but the children are not divided. The principle of the distribution of property between divorced couples is: the property of each spouse shall be owned by each spouse; The joint property of the husband and wife shall be disposed of by agreement between the two parties, and if the agreement is not reached, the people's court shall make a judgment on the basis of 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.

[Legal basis].Article 1087 of the Civil Code.

In the event of a 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 rude judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the children, the woman's stool, and the rights and interests of 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.

Article 1088.

If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The child is generally raised by the parent who is in favor of the child; The joint property is divided equally.

Article 36 of the Marriage Law of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent.

After divorce, parents still have the right and obligation to raise and educate their children.

After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Article 37: After a 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.

An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.

Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Property: If there is a property agreement, then it shall be handled in accordance with the agreement. If not, then in principle, the joint property of the husband and wife shall be divided equally, and the property belonging to the individual shall still belong to the individual;

You can negotiate with the other party on the custody of the child first, and if you can't negotiate, you can only wait for the court to decide. The court will generally award the child to the party who is more suitable to raise the child, mainly considering the economic conditions, living environment, physical condition, intimacy with the child, the age and gender of the child. In real cases, children under the age of two are generally given priority to the mother, and if the child reaches the age of 10, the court will usually ask for the child's opinion.

1. Equal division of common property;

2. One party raises the child, and the other party pays child support.

1. Since the relationship has come to an end, what's the point of continuing to get married. Whoever leaves this world can live, since you already have children, even if you don't get a marriage certificate, you are still a legal husband and wife, because the fact of marriage exists, and the joint property of the husband and wife is distributed in accordance with the new marriage law. A null and void marriage that is void or annulled is void ab initio.

Consider that the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the innocent party.

2. It can be dissolved at any time, and if there is a dispute over the custody and property of the child, it can be sued, and if there is no dispute, it can be resolved directly through negotiation.

It is an illegal cohabitation and does not require a court judgment, but if the property and children cannot be negotiated. A court decision is required. The two parties negotiate a settlement. Failure to do so may result in a civil lawsuit.

3. If the marriage formalities have not been completed, it does not belong to the marriage relationship, so there is no such thing as joint property of the husband and wife, and if you want to divide the property, you must prove the fact that you have contributed to the property. Custody of the child is determined on the basis of whether the child is breastfeeding and is conducive to the child's development.

4. The testimony of the witnesses who took 30,000 yuan and now returned 10,000 yuan to you at the beginning, or the witnesses of the other party and their close relatives who prove that you did pay at that time are all probative; Let him return the rest of your money. Of course, the witness testimony of your parents is also valid, but the probative force is not as strong as the testimony of the other parent. Because your parents have an interest in you; The testimony of interested witnesses in your favor is, of course, weaker.

Now, you don't have any evidence, and if one day, the two sides turn against each other, you will be more disadvantaged; Preferably, the evidence should be preserved now; Adopt written, audio or video recording, or notarization to preserve the evidence proving your capital contribution.

As for the division of property: first of all, separate the two of you (such as electrical appliances, tables, chairs, lamps) from each other, for example, the things bought by the man's money belong to the man, and the things bought by the woman's money belong to the woman, and everyone will negotiate and settle the matter together or distribute it according to the proportion of the amount of capital contribution. The money earned by each belongs to each of them and is not evenly distributed.

Common daily necessities (such as clothes, skin care products, toiletries, etc.) are used by all parties.

The other party is responsible for half of the living expenses of the child, and the other party is responsible for the support of the elderly, and the other party does not pay the responsibility.

If you have not obtained a certificate but have become a de facto marriage, and you have not yet divorced, the money is naturally jointly owned, and there is an obligation to jointly support the children, and the ownership of the children must be negotiated, and then the alimony should be shared, as well as the joint property of the husband and wife, which should also be distributed. It goes down to the judge. Because there are so many actionable factors in this.

After 94 years, de facto marriages are no longer recognized. So you shouldn't be able to talk about divorce. However, according to Interpretation II of the Marriage Law, property disputes and child support disputes during your cohabitation should be accepted.

As for the specific sentence, there are no specific regulations, it depends on the judge. Of course, the 30,000 yuan belongs to your personal property, but you need evidence.

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How can I get a divorce without a license? If you don't get a certificate, you won't be protected.