Divorce property division and child support, how to divide divorce property and child support

You're planning a divorce for this little thing, and it's too hasty, you can talk to him about it. Besides, you're too frank, isn't it that hard to tell a lie? Occasional white lies add to the color of the couple's life.

You can choose to separate for a period of time, never see anyone, and it's best not to fight. Use this time to calm down, are you really planning to give up this marriage? After all, it is not easy for two people to get together, and finding someone is not necessarily better than the current one.

And then there are children.

As a person who has come over, I would like to advise you very sincerely, there is no husband and wife who do not quarrel, don't talk about divorce if you have nothing to do, it will become true after a long time. It's not worth getting a divorce for the sake of a small thing as big as a sesame seed.

If you don't have to touch the bottom line, it's better not to leave.

Principles for the division of property and the handling of child support disputes arising from cohabitation.

1. Property issues When dealing with cases involving the division of property arising from cohabitation, the court will generally divide the property appropriately in accordance with the interests of women and children, taking into account the actual situation of the property and the degree of fault of both parties. The income and property acquired jointly by the parties during the period of cohabitation shall be treated as ordinary common property. Namely:

where it can be proved to be personal property, it is to be handled as personal property; If it cannot be proved to be personal property, it shall be disposed of as joint property. Before cohabitation, property voluntarily given by one party to the other party may be treated as a gift relationship; Property solicited by one party from the other party may be handled with reference to the spirit of Article (18) of the Supreme People's Court's (84) Fa Ban Zi No. 112 "Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws". Creditor's rights and debts formed during the period of cohabitation for the purpose of joint production and living may be treated as joint creditor's rights and debts.

2. Child support issues The two parties shall negotiate on which party will raise the children born out of wedlock between the two parties; If the negotiation fails, the judgment shall be made in accordance with the interests of the children and the specific circumstances of both parties. In principle, the child should be raised by the mother during the breastfeeding period, and if the father is in good condition and the mother agrees, the father can also raise the child. Where the child is a person with limited capacity for civil conduct, the opinions of the child himself shall be sought, and the consent of the other party shall be obtained from one party when giving the minor child to another person for raising.

In the division of divorce property, the joint property of the husband and wife is evenly distributed, and the custody of the child is more suitable for the physical and mental health of the child, and the party has a high possibility of custody. After obtaining a marriage certificate, the property is generally joint property, and the debts are also joint debts. The pre-marital property of both parties shall be owned by all parties, and the property during the existence of the marital relationship shall be equally distributed among the joint property of the husband and wife.

If the two parties with a sedan chair cannot reach an agreement due to a dispute over the custody of the child after breastfeeding, the court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.

Civil Code of the People's Republic of China

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 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.

Article 1087.

In the event of a divorce, the joint property of the husband and wife shall be disposed of by the parties in 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 husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Summary. Hello, the custody of children and the division of property in divorce are in accordance with the principle of fairness and equality.

Hello, the custody of children and the division of property in divorce are in accordance with the principle of fairness and equality.

1. The division of property in divorce shall adhere to the principle of fairness and equality, and take care of women and children, and the division of custody shall adhere to the principle of being conducive to the growth of children. The custody of the child is generally settled by the man and the woman through negotiation, and if the two parties cannot settle the matter through negotiation, the court will make a judgment based on the support conditions, educational background, age of the child, and whether the man and woman are not suitable for raising the child. 2. Specifically, the court will comprehensively consider the working hours, economic income, housing conditions, time spent with the children, whether the family can help take care of the children together, and educational background.

This is the special situation of Paili, which refers to the long-term domestic violence, abandonment, or abuse of children, or the existence of drug addiction and gambling habits, and repeatedly refuses to change the situation. 3. Generally, the personal property before marriage belongs to the individual, and the joint property of the husband and wife is jointly divided. When dividing the joint property of the husband and wife, the man and woman shall first negotiate and settle the matter, come up with a plan for the division of property, and then the court shall review and confirm it; If the man and the woman cannot resolve the matter through negotiation, the court will first propose a division plan to try to enable the man and the woman to reach an agreement on the division of property on the basis of mutual understanding and mutual concession.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China 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 party who is not at fault. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Still have questions? Kiss, can you talk about it specifically? Or is there anything you'd like to talk about? <>