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When the husband and wife divorce, both parties need to agree to divide and distribute the joint property of the two parties on the premise of taking care of the woman and minor children. If the woman has incurred more obligations for taking care of her children and the elderly, she has the right to claim compensation.
If the two parties cannot reach an agreement on issues such as the division and distribution of the joint property and compensation, they can go to court to file a lawsuit to resolve the matter.
The Marriage Act provides:
Article 39: In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; 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.
Article 40: Where a husband and wife agree in writing that the property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for 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 make compensation.
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I'm sick. The woman wants a divorce, and the man has to compensate her, why can't she go to heaven.
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If an elderly woman files for divorce, does the man have to make up for the woman?
Hello, no, the circumstances in which compensation can be claimed in divorce are as follows: (1) one of the spouses is sensitive to bigamy with another person or the spouse cohabits with another person; (2) committing domestic violence or abusing or abandoning family members; (3) If there is other acts of gross negligence, the other party may be required to compensate. Legal Basis:
Article 1091 of the Civil Law of the People's Republic of China in the case of divorce under any of the following circumstances, 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. Article 1092:Where one of the husband and wife 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, when dividing the joint property of the husband and wife in divorce, the other party may receive a small share or no share.
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.
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According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.
The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.
As for what you said about your wife asking you for money, when you get married, you will have joint property, and when you divorce, you will need to divide the joint property.
As for the issue of children, according to the provisions of the relevant laws, the principle of competing for custody is conducive to the growth of the children, and whoever is conducive to the growth of the children will be awarded the general custody rights.
Children up to the age of two generally live with their mothers.
If the child is under the age of two and both parties are fighting for custody of the child, and no agreement can be reached, unless the woman suffers from an incurable infectious disease or other serious illness and is therefore unfit to live with the child, the general court will award custody to the woman.
If the two parties are over 10 years old and have a dispute over custody, the opinions of the child shall be considered.
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Divorce requires the necessary conditions, and the court will certainly not support divorce without just cause.
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1. The house has a part of the woman's rights and interests.
2. If the woman has no house to live in after the divorce, she has difficulty in living and has the right to request the man for financial help.
If the woman does not have a house to live in after the divorce, she can ask the man for financial help.
1. At present, the rental public housing in Shanghai also has a market value, so in the event of divorce, it is possible to ask for division.
2. If one party obtains the right to use public housing, the other party may request to receive the discount.
What the man gives to the woman is not a matter of financial help, and the right to use public housing and the right to live in it also have property attributes. In Shanghai's judicial practice, when a husband and wife divorce, they can request the right to use public housing, and if one party obtains the right to use public housing, the other party can request the corresponding discount for the house.
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If the agreement is not reached, the only way to sue for divorce is through the court, or through separation, and after more than 2 years, you can unilaterally sue for divorce.
As for the division of property, there are basically two aspects: first, if the husband and wife have an agreement on the property, it shall be handled in accordance with the agreement; Second, in the absence of an agreement, the premarital property shall belong to the person, and the other joint property of the husband and wife shall generally be divided equally. The issue of child support, because the child is still a person with no capacity for civil conduct, should be considered in the most beneficial aspect of the child's upbringing and education. After the divorce, one party raises the children, and the other party should bear part or all of the necessary living expenses and education expenses. >>>More
As a woman, starting from myself, I feel unreasonable, the original bride price is the man's own willingness, but also to give the woman a guarantee, in the breakdown of the marriage, want to go back is not unreasonable, besides, according to our country's marriage law, both men and women have been married registration, and live together, divorce, the party who paid the bride price before marriage is not entitled to ask the other party to return.
Yes, but if the maternal grandparents are able to support them, they can help the children take care of their grandchildren. >>>More