Matrimonial Law Knowledge and Writing, Legal Knowledge of Matrimonial Law

1. The Marriage Law and its judicial interpretations (1) (2) and (3) 2. The Inheritance Law and its judicial interpretations.

3. The Adoption Law and its judicial interpretations.

This is the law that my teacher asked me to prepare when I was studying marriage law, and the words of the book are all the same, and there will not be much difference, but you had better look for the latest version to see, for fear of any new situation.

Legal Analysis: An invalid or annulled marriage is not legally binding from the beginning of the marriage, and 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 an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party.

The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. The provisions of this Law on parents and children shall apply to children born to the parties.

Legal basis: Article 1046 of the Civil Code of the People's Republic of China Marriage shall be completely voluntary between the man and the woman, and it is forbidden for either party to coerce the other party, and it is forbidden for any organization or individual to interfere with it.

Legal Analysis: The Marriage Law stipulates that there are substantive and formal requirements for marriage. The substantive elements of marriage, such as the complete consensual nature of the marriage between the man and the woman; The age of marriage shall not be earlier than 22 years for men and 20 years old for women; Marriage is prohibited if the direct blood relatives and collateral blood relatives within three generations, those who suffer from leprosy or other diseases that are medically considered unsuitable for marriage are prohibited.

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

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1047 The age of marriage shall not be earlier than 12 years old for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

Article 1050:After the marriage is registered, the woman may become a member of the man's family in accordance with the agreement between the man and the woman, and the man may become a member of the woman's family.

Article 1051 Marriage shall be null and void under any of the following circumstances:

a) bigamy; 2) Have a family relationship that prohibits marriage;

3) They have not reached the legal age for marriage.

<>< 10 must-know matrimonial legal tips.

1. Marriage age: 22 years old for men and 20 years old for women.

2. The information required for the registration of the jujube marriage: the original ID cards of both parties and the original household registration books of both parties.

3. Joint property of husband and wife: salary and bonus; income from production and operation; proceeds from intellectual property rights; property acquired by inheritance or gift, unless it is expressly indicated that the party who made the gift; Other property that should be jointly owned.

4. Authorities for divorce by agreement: the civil affairs department or the original marriage registration authority at the place where either of the parties is registered.

5. Information required for divorce by agreement: the original ID cards of both parties, the original household registration books of both parties, the original marriage certificates of both parties, and several one-inch bareheaded photos.

6. The legal grounds for divorce (litigation divorce) are decided by the court:(1) bigamy or cohabitation with another person who has a spouse; (2) committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they have repeatedly refused; (4) Those who have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

7. Grounds for claiming compensation for moral damages: (1) bigamy; (2) A person who has a spouse cohabits with another person; (3) committing domestic violence; (4) Abusing or abandoning family members. Source demolition.

8. The legal reasons for one party to divide less or no share of the joint property of the husband and wife: he conceals, transfers, sells, destroys the joint property of the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party.

9. The issue of child custody: for children under the age of two, the custody generally belongs to the woman; For children between the ages of two and 10, custody is generally decided according to the child's growth, and it is necessary to weigh the education, economy, work, personality and other factors of both parties; For children over the age of 10, custody is generally decided according to the child's wishes.

10. Child support: It can be determined according to the actual needs of the children, the affordability of both parents and the actual living standard of the locality. For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income.

Where the traveler bears the cost of raising two or more children, the proportion may be appropriately increased, but generally must not exceed 50% of the total monthly income. If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions. If there are special circumstances, the above proportion may be appropriately increased or decreased.

Maintenance is generally paid on a monthly basis, usually until the child reaches the age of 18.

Legal Analysis: Marriage generally refers to the voluntary long-term union of a man and a woman of marriageable age in the name of husband and wife in terms of economic life, spiritual and material resources. It is a social phenomenon that the relationship between husband and wife that arises according to the physical conditions of both parties, the ability to work and friends, the concept of marriage, history and culture, etc., should be recognized by the medical, ethical, civil law and other levels, and the social phenomenon of producing and living together and forming a family in the name of husband and wife.

Men and women should be united voluntarily, accept and rely on each other, and marriage should be compatible with social demographic changes, history and culture.

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

Article 1041: Marriage and family are protected by the state. Freedom of marriage, monogamy, and equality between men and women are practiced. Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.

Article 1042:Arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to solicit money or property under the pretext of marriage. Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

Article 1043: Families shall establish a positive family style, carry forward family virtues, and attach importance to the establishment of family civilization. Husbands and wives should be faithful, respectful and caring for each other; Family members shall respect the old and love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.