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Under the new marriage law, the husband first filed for divorce and did not need to be compensated if he was not legally at fault.
Divorce is the right and freedom of both spouses and can be divorced by agreement or litigation.
The property before marriage shall belong to each other, and the joint property of the husband and wife shall be divided equally after marriage.
If the other party has a statutory fault that led to the divorce (such as one party maliciously transferring property), when dividing the joint property of the husband and wife, the party at fault can be required to take a small share and can claim damages.
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After more than one year of marriage, the man filing for divorce generally does not need to compensate the woman.
If the husband and wife decide to divorce, the man is generally not required to compensate the woman. However, the woman may request the husband to pay the corresponding compensation if the man has any of the following circumstances:
1. The man has domestic violence;
2. The man is cohabiting with another person;
3. The woman resigns to take care of the man at home and pays more for the family. If the other party is not grossly at fault, there is no compensation. There are certain conditions that need to be met to claim compensation from the other party in the event of divorce.
Only in the case of a divorce due to the gross fault of one of the parties, the innocent party can claim compensation from the at-fault party. If there is no fault, there is no question of compensation.
In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:
1. Bigamy;
2. A person who has a spouse cohabits with another person;
3. Committing domestic violence;
Legal basis] Civil Code of the People's Republic of China
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.
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It may be agreed upon to destroy the state or file a lawsuit, which shall be determined by the court according to the specific circumstances.
1. How to distribute the property of domestic violence and divorce during marriage.
The distribution of property in marriage and domestic violence in divorce depends on the specific circumstances. The joint property of both parties may be disposed of through negotiation between the two parties, and if the negotiation fails, they may file a lawsuit in the court, and the court will make a judgment. The law stipulates that if one party commits domestic violence that results in a divorce between the two parties, the innocent party has the right to claim damages.
The specific amount and method of compensation shall be handled by the two parties through negotiation, and if the negotiation fails, the court shall make a judgment. Generally, in the case of divorce property division, the innocent party can request a multi-division of property.
Second, how to divide the divorce between the two people in the real estate certificate.
The title deed has the names of both husband and wife on it, indicating that the property is joint property. In the event of a divorce, the husband and wife can negotiate and agree on their respective shares, which can be half of each person, or they can be divided according to the share of capital contributed to the purchase of the property. If there is no agreement or the agreement is not reached, a lawsuit may be brought to the people's court, and the people's court will make a judgment based on the specific circumstances in accordance with law.
The court will take care of the interests of the woman and the children in the decision.
3. What should I do if I am still not satisfied after the retrial of the civil case.
If the court is still dissatisfied after the retrial, how to deal with it depends on the specific circumstances: 1. If the court conducts a retrial through the first-instance trial procedure, the parties can still appeal if they are not satisfied with the judgment made in the retrial; 2. If the retrial judgment has already taken effect, or if the judgment is made in accordance with the second-instance trial procedures, or if the application for retrial is rejected, if the parties are still not satisfied, they cannot apply for a retrial, and can only apply to the people's procuratorate for a procuratorial suggestion or prosecutorial counter-appeal.
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 party, nor shall any organization or individual interfere with it.
Article 1047:The age of marriage must not be earlier than 22 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 office. 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 marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.
Article 1051:Marriage is 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.
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Legal analysis: It can be negotiated or sued, and the court will decide on a case-by-case basis.
Legal basis] Civil Code of the People's Republic of China
Article 1000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000000
Article 1047:The age of marriage must not be earlier than 22 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 with their spouses. If the defense is aware that it meets the requirements of this Law, it 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 marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.
Article 1051:Marriage is 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.
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Legal Analysis: The man does not need to compensate the woman. The statutory conditions for divorce compensation are:
1) Bigamy by one party; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members. The other party who satisfies the above conditions has the right to claim compensation for losses, and the party at fault will give a smaller share of the division of property according to the degree of fault in the process of property distribution. Legal basis:
Article 1091 of the Civil Code of the People's Republic of China has any of the following circumstances, resulting in a divorce, the party who is not at fault has the right to claim damages: (1) bigamy; (2. Scales are good) sleepy and cohabitation with others; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults. Note:
The Civil Code came into force on January 1, 2021.
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Summary. Hello, there is no compensation for divorce after two months of marriage, at the time of divorce, if one party has one of the following wrongdoings, the other party can claim compensation: 1. One party is bigamy; 2. One party cohabits with another person; 3. One party commits domestic violence; 4. One party abuses or abandons a family member.
Compensation must be filed at the time of filing for divorce. Legal basis: Article 1091 of the Civil Code of the People's Republic of China has any of the following circumstances, and if a divorce is caused, the innocent party has the right to claim damages.
Hello, there is no compensation for divorce after two months of marriage, at the time of divorce, if one party has one of the following wrongdoings, the other party can claim compensation: 1. One party is bigamy; 2. Investigation of the disadvantages of cohabitation between one party and others; 3. One party commits domestic violence; 4. One party abuses or abandons family members to return to withering. Compensation must be filed at the time of filing for divorce.
Legal basis: Article 1091 of the Civil Code of the People's Republic of China has any of the following circumstances, and if a divorce is caused, the innocent party has the right to claim damages.
I am currently pregnant.
Divorce is not possible during pregnancy.
According to the laws of our country, the husband may not file for divorce during pregnancy, within one year after childbirth or within six months after the termination of pregnancy.
What if I agree to a divorce? What can I do for myself? The reason for divorce is that two people can't get by.
If you don't agree, you can't leave, and the court will look at your opinion.
I agree with me.
The child is not born.
To pay alimony and half of the property.
We've only been getting our wedding license for a few days.
There is no way around that, marriage is a voluntary act, and there is no compensation for divorce.
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Legal analysis: The husband does not need to be compensated if he files for divorce first without legal fault. 1. If the man does not do the following, he will not receive other compensation:
1) bigamy; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members. 2. If the following circumstances do not occur, the man cannot ask for the bride price: (1) the parties have not gone through the marriage registration formalities; (2) The parties have gone through marriage registration formalities but do not live together; (3) Payments made before marriage and causing hardship to the payor.
3. The treatment of the woman's dowry is consistent with the rules applicable to the bride price.
Legal basis: Article 109 of the Civil Code of the People's Republic of China Article 11 In any of the following circumstances, which leads to divorce, the innocent party has the right to claim damages: (1) bigamy; cohabitation with others; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; The raiding brigade (5) had other major faults.
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The man filed for divorce first, and there is no law for the old man to determine the fault, and he does not need to be compensated. 1. If the man does not have the following acts, he will not receive other compensation: 1) bigamy; (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members. 2. If there are no of the following circumstances, the man will not be promoted early to return the bride price (1) the parties have not gone through the marriage registration formalities; (2) The parties have gone through marriage registration formalities but do not live together; (3) Payments made before marriage and causing hardship to the payor.
3. The treatment of the woman's dowry is consistent with the rules applicable to the bride price. Article 1091 of the Civil Code of the People's Republic of China Where any of the following circumstances results in divorce, the innocent party has the right to claim damages: (1) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults.
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