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First of all, I deeply sympathize with you for the unhappy marriage you have suffered, and at the same time feel sad that you have placed too much trust in and dependence on your husband, and I would like to express my personal opinion on the legal relationship in it, first, the debts incurred during the existence of the marital relationship are joint debts, but the other party has violated the duty of fidelity of the husband and wife, and the debts borne in the form of fraud should belong to the personal debts of the fraudulent party, although the creditor still has the right to demand repayment from either of your husband and wife, but you can recover from the other party after repayment, that is, in civil lawSecond, the agreement signed between your husband and wife is valid, and at the time of divorce, you can require the other party to perform at the same time, because although during the existence of the marital relationship, the civil law also stipulates that if there is an agreement between the husband and wife on the ownership of property after marriage, it is a true and voluntary expression of intent between the two parties, and it does not have external effect, but it is valid internally. Ask the court to revoke your husband's property in this similar form of gift, and if your husband is the party at fault, you can claim a judgment in your favor, including property and child custody, and finally, I think you should deeply understand whether your marriage is worth existing, and make the right decision in time to be responsible for your children and your own life.
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There is no cure for this person.
The reason for his divorce is that you helped him borrow too much money, and it was the pressure that pressed him, so that he fled, and if he escaped, there would be no pressure, hurry up and ask for money, I'm afraid it won't be good.
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Now I don't think you need to give him any benefits for such a man, just find Xiao 3, let him talk about your husband, and the best recording, and then go to the court to sue him, and take out all the evidence, so that your husband will be very troublesome, and you don't have to be polite to him.
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Dear, don't want people like your husband, it's outrageous! If you want to divorce, you are the victim, you must first get evidence that he committed bigamy, and then not only will he have to bear the money he owes, but he will also have to pay you a certain amount of mental damage expenses (the details can be negotiated by both parties).
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Why does marriage have 7 years to stop itching, it is because after two people have been together for a long time, everyone will not pretend to be there, and they will not endure it, and it is full of shortcomings in their eyes. Life has to be tolerant, but your husband is not a person at all, so you still have to plan for yourself.
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This kind of person is really shameless, hurry up and find a way to let him repay the loan by himself, and after he gets it, divorce him Such a man really has nothing to be nostalgic for.
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You are so indulgent to your husband that you have developed such a selfish behavior from him, you can sue him, and you are the victim.
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Article 14 of the Regulations on the Administration of Marriage Registration stipulates that if the parties are divorced, both parties must apply for divorce registration in person at the marriage registration authority where one of the parties is located; When applying, the following documents and certificates shall be presented:
1) Proof of household registration;
2) Resident identity card;
3) A letter of introduction issued by the unit, villagers' committee, or residents' committee;
4) Divorce agreement;
5) Marriage certificate.
Article 15: The divorce agreement shall clearly state the parties' expressions of intent to divorce, child support, financial assistance for one of the husband and wife in difficulty, and the handling of property and debts. The content of the agreement should be conducive to the protection of the lawful rights and interests of women and children.
Article 16: The marriage registration management organs shall examine the parties' applications for divorce, and within one month of accepting the application, shall register those who meet the requirements for divorce, issue a divorce certificate, and cancel the marriage certificate. The parties shall dissolve the relationship between husband and wife from the date of obtaining the divorce certificate.
Lawyer Wei Feng.
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In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not divorce the first time, it can be re-sued after half a year, and the court of the second time should generally grant divorce, which is available in the marriage law.
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<> "Divorce Agreements, Be Careful of These 4 Pits.
When many people draft a divorce agreement, they only pay attention to property division and child support, but in fact, in addition, these 4 issues should also be paid attention to!
1. Account processing.
Household disputes do not fall within the scope of the court's acceptance, and the public security organs have no right to interfere in the event of a failure.
If one party or the child is involved in the transfer of household registration, both parties must cooperate to provide the original household registration book and relevant documents.
Therefore, the legal liability for not moving out of the household registration or not cooperating with the formalities should be specified in the agreement to bind the parties.
2. Child support.
If there is no special agreement between the parties, according to the law, child support includes living expenses, education expenses and medical expenses. It is often unfair to the custodial spouse and the child to agree on the amount of alimony in a general manner.
The amount of education and medical expenses cannot be accurately predicted at the time of divorce, and it can only be clarified when it actually happens, and the cost of living is also rising with the price of goods.
It is recommended that both parties agree to pay a certain amount of living expenses every month, and increase it year by year, and can agree on a specific proportion, and the education expenses, medical expenses and large expenses will be shared equally by both parties according to the actual amount incurred.
3. Do not divide property.
The same is not divided property, different expressions, the meaning of the representation is different, and the legal consequences caused are also different, and must be treated with caution.
There is no division of joint property": In this expression, after divorce, you can still sue for the division of joint property, and there is no statute of limitations for the defense.
The property in each person's name shall belong to each other": this expression, after divorce, can no longer ask for division, and each other has no right to claim division.
It is very unfair for the party who is financially disadvantaged, or who does not know the real property status of his spouse, to lose the right to demand the division of property in the future!
Therefore, when divorcing, all the joint property should be listed, and how to deal with it one by one, and it should not be simplified and generalized. The desire for temporary convenience can lead to significant financial losses.
4. Deal with "the divorce agreement can be reversed".
A new provision is added to the Civil Code: If one party repents of the divorce and fails to complete the property and debt settlement agreement reached by the parties, the court shall determine that the property and debt disposal agreement has not taken effect.
There are two things to note about this important new regulation:
If the property agreement is beneficial to you, you can sign a marital agreement, and do not appear the word divorce and the meaning of divorce, so that the other party cannot ask for overturn.
It is clearly stipulated in the divorce agreement that even if the divorce by mutual agreement is not reached, the content of the agreement is still valid, and both parties cannot renege about it, and the divorce agreement is also applicable in litigation divorce.
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Divorce Settlement Format.
According to Chapter 6 of the Interim Norms for Marriage Registration, "Divorce Registration", the parties shall hold a divorce agreement when going through the divorce registration formalities, which shall set out the parties' intention to divorce voluntarily and the opinions on matters such as child support, property and debt disposal. The content of the divorce agreement should at least include: an expression of the intention of both parties to divorce voluntarily; child support; property disposal; Debt Treatment.
Sample Divorce Agreement Format.
Contractor: Fang, male, born on the date of the year, living in the city number.
Contractor: Wang, female, born on xx-xx-day, living in the city road number.
The parties to the agreement, Fang Wang, went through the marriage registration formalities in the district people** on the year, month, and month. Birth of a son due to the serious incompatibility of the personalities of the parties to the agreement, unable to continue to live together, and the relationship between the husband and wife has completely broken down, the two parties hereby reach the following agreement on the matter of voluntary divorce:
1. Fang and Wang voluntarily divorced.
2. The son shall be raised by the woman, and the man shall pay monthly maintenance expenses, which shall be paid before the 5th of each month; Until the age of 18, the relevant fees after the age of 18 will be renegotiated between the two parties in the future. (You can also pay child support in a lump sum.)
3. The two parties have a set of commercial houses in the joint property of the husband and wife, which is located in the road community, worth 10,000 yuan, which is now owned by the woman Wang, and the woman will pay the man 10,000 yuan in cash in a lump sum, which will be paid off the next day after the signing of this agreement; The household appliances and furniture in this room belong to the woman.
4. The husband and wife have no joint claims and debts. If there is a debt, it is in whose name it is.
5. Fang can pick up his son at 8 a.m. on the first Saturday of each month and send him back to Wang's place of residence at 5 p.m. on Sunday.
This Agreement shall be executed in triplicate, one copy for each party, and one copy shall be filed with the marriage registration authority, which shall come into force after being signed by both parties and completed by the marriage registration authority.
Contractor: Contractor:
YYYYYYYYYYYYYYYYY
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There is no standard agreement, and it is enough to write it clearly according to the agreement reached by both parties. Both parties need to sign. A handprint can be added.
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Hello! Divorce settlements must be context-specific, problem-specific, and there is no standard model.
It is advisable to appoint a lawyer to write on behalf of the lawyer and handle the lawyer's witness to avoid disputes in the future.
Zongheng Legal Network is a meticulous lawyer.
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Divorce Settlement.
I'm divorcing you...
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How can you help? Didn't say anything, and there was no point yet.
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If you don't talk about the situation, how can others help you?
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Hello: If the agreement is not signed, there is no coercion, fraud, and there is no manifest unfairness, the agreement is valid, and your sister-in-law should fulfill the agreement.
There are two points to remind you of your sister-in-law's lawsuit: first, this case is a lawsuit against the agreement, and the jurisdiction of the court where the defendant is located should be followed, that is, she should file a lawsuit with the court of your brother's habitual residence, and if the court to which the case is accepted is not the court of your brother's habitual residence, she can raise a jurisdictional objection; 2. If the trial judge has relatives or friends with her that affect the judge's impartiality, your brother may apply for recusal.
Since the amount of money involved in the house is large, it is advisable to entrust a lawyer to provide professional legal services.
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The agreement works, so don't worry.
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As long as your brother does not agree to modify the divorce agreement, the first agreement was signed voluntarily by her, and it also has legal benefits, and it is not something she can change if she wants to.
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Guys, what's the matter, I'll help you, I just helped someone fight the divorce lawsuit.
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How much does your brother earn before taxes every month?
If the divorce agreement has been signed, but the divorce registration procedures have not been completed, then the divorce agreement has not taken effect, and the parties can re-agree on child custody, property division, and debt bearing, and redraft the agreement, which can be changed at this time. However, if both parties have already registered the divorce with the signed agreement, then the divorce agreement cannot be amended. However, where there is fraud, coercion, or other circumstances at the time of entering into a property division agreement, the man and woman may request to modify or revoke the property division agreement within one year of the divorce by mutual agreement.
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