Divorce, two children, the woman doesn t want to have property, okay

Updated on society 2024-04-23
15 answers
  1. Anonymous users2024-02-08

    According to the law, when a man and a woman divorce, the custody of the children and the division of the joint property may be negotiated between the two parties, and if the negotiation fails, the people's court shall make a judgment.

    Legal basis: Article 36 of the Marriage Law The relationship between parents and children shall not be extinguished by the divorce of 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 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.

  2. Anonymous users2024-02-07

    Yes, but you need the consent of the other party. Otherwise, the court will not grant the divorce.

  3. Anonymous users2024-02-06

    You can dispose of your rights.

  4. Anonymous users2024-02-05

    Whether it is marriage or divorce, it is not just a matter of two people, especially when it comes to divorce, there are many problems involved. The house, car, children, how to divide it all need to be negotiated by both husband and wife. Some people may mistakenly think that children and property can only choose one of them, and when the divorce is divorced, the woman does not want children, in fact, she can still divide the property.

    Originally, the property was jointly owned by the husband and wife, and the custody of the children needed to be resolved through the courts.

    Both spouses can divide propertyGenerally speaking, before the two decide to divorce, they should first take an inventory of how much property they have in the family. What property belongs to the individual and which property is shared by the husband and wife, and the property in common must be evenly distributed among one person and half. Regardless of which spouse earns more money during the marriage, the divorced woman can divide the property.

    After all, in a marriage, both parties have to pay time and energy, some are taking care of the children, some are making money to support the family, and every kind of contribution should not be ignored.

    The issue of child support after divorce is usually divorced when the man chooses not to have children, and the woman takes the children, because women are more careful, and the growth of children is inseparable from the mother's education. However, there are also some women whose own economic ability is not particularly strong, if they raise their children alone, life will be very difficult, so they will choose Huai Gaipei not to have children, and the man with better economic conditions will raise them, and the child's mother can regularly go to ** child.

    Most of the reasons for divorce due to fair distribution of property are the emotional discord between the husband and wife, but in any case, the children are innocent. Even if you are divorced, your love for your children must not be reduced, after all, your children were once the crystallization of two people's love. If you want your child to grow up healthy and happy, both father's love and mother's love are indispensable.

    Of course, it is not possible to choose to support an unhappy marriage because of children, and the issue of property distribution needs to be resolved fairly.

  5. Anonymous users2024-02-04

    If the goddess doesn't want the children to pay the file, she can also divide the property, but the share will be less than the banquet, and the child support will be sent every month, after all, the property is shared by the husband, wife and children.

  6. Anonymous users2024-02-03

    OK. Children and property are separate, and there is not much inevitability between the two, but some child support fees have to be paid later.

  7. Anonymous users2024-02-02

    The divorced woman does not want children, and of course she can get a share of the property.

  8. Anonymous users2024-02-01

    Hello Li Shou, the two children are not supported by the woman, and the division of divorce property can be decided by both parties through negotiation. The woman does not directly raise the child and needs to bear part or all of the child support. Where an agreement on the division of joint property between husband and wife 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 of the People's Republic of China provides that 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 the husband or wife in the family land contracting business shall be protected in accordance with law.

    Article 1088:Where one of the husband and wife bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, 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.

  9. Anonymous users2024-01-31

    If it is the joint property of the husband and wife, even if the woman does not want to have children, she still has a part of her, and she needs to share it with her baggage, because this is also stipulated by law and cannot be withheld.

  10. Anonymous users2024-01-30

    Yes, because some of the property is the joint property of the husband and wife, and there are no children, but there is no need to pay child support.

  11. Anonymous users2024-01-29

    The property should be divided among her, and even if the woman does not want the child, the child maintenance fee must be paid, which is clearly stipulated by law.

  12. Anonymous users2024-01-28

    It should be returned, and according to the law, the property that belongs to the woman after the divorce should be returned to the woman.

  13. Anonymous users2024-01-27

    Legal Analysis:1The marital property is divided equally between the parties. 2.According to the divorce agreement signed by both parties. 3.Even if you don't want children, you need to pay child support.

    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 file a divorce lawsuit with 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.

  14. Anonymous users2024-01-26

    Legal analysis: if the two parties agree to divorce, it can be agreed that the woman will not raise the children; If there are two children, the court will generally award one to each spouse, but if one party is at fault or the financial strength is not enough to raise the child, the child will be awarded to one party.

    Legal basis: Civil Code of the People's Republic of China

    Article 1058:Husbands and wives equally enjoy the right to raise, educate, and protect their minor children, and jointly bear the obligation to raise, educate, and protect their minor children.

    Article 1084:The relationship between parents and children is not extinguished by the divorce of the 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 the divorce, parents still have the right and obligation to raise, educate and protect their children.

    After divorce, children under the age of two years shall be raised directly by their mothers and their empty relatives. 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.

  15. Anonymous users2024-01-25

    Summary. Dear, please take a look at my above analysis of your problem, if you have any doubts, you can continue to consult me, you can also give me the case or other related facts to describe it so that I can help you analyze.

    I don't want children after the divorce of my two children, can I divide the property?

    Please take a look at the above analysis of your problem, if you have any doubts, you can continue to consult Lakai, you can also give me the case or other related facts to describe it so that I can help you analyze.

    You can "rent a sail and divorce without cheating, and the children can divide the family property." At the time of divorce, the husband and wife shall negotiate and dispose of the property, and if the negotiation fails, they may request the court to handle it. However, at the time of divorce, the child still has the right and obligation to raise and educate the child, and the child shall bear part or all of the necessary living and education expenses.

    According to Article 1076 of the "Civil Code of the People's Republic of China" on Marriage and Family: [Divorce by Mutual Consent] 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 opinions of Zheng Xiaoyuan on matters such as child support, property, and debt handling. That is, if you and the other party are divorced by mutual agreement, the two parties can agree on the property division plan and child support plan in the agreement.

    Article 1092 of the Civil Code of the People's Republic of China [Legal Consequences of One Party Infringing on the Joint Property of the Husband and Wife] Where one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the party may receive a small share or no share of the joint property of the husband and wife when the joint property of the husband and wife is divided in a lenient divorce. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again. If one party is guilty of the above-mentioned marital faults, or in the case of the transfer of the joint property of the husband and wife, the other party can claim damages, and can claim less or no share of the fault party in the division of the joint property of the husband and wife.

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