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New Marriage Law. Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Husband and wife may stipulate that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply.
The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife.
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.
Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.
Article 42 In the event of a divorce, if one party is in difficulty, the other party shall provide appropriate assistance from his or her personal property such as housing. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
Article 46 In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:
1) bigamy;
2) A person who has a spouse cohabits with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members.
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Pre-marital property is not considered joint property. If the man has no financial **, he will not be awarded to his child. Money earned after marriage is considered joint property. It is recommended to find a professional lawyer for consultation.
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The money may not be cleared by the court, and the money is yours in your account, don't worry, but the fixed assets may be divided equally.
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If the bride price is not considered joint property, it is best to be judged by the court, the house should be half of one person, and the woman will have to pay a certain amount of maintenance every month if the child is to be raised by the man.
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The child should be less than two years old, and it will be awarded to the woman. The bride price at the time of marriage is joint property, including your income, which is also joint property, and the man can ask for a division, which is usually divided equally. If the child is awarded to the woman, the man shall pay monthly maintenance.
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As long as it is a joint property of the husband and wife after marriage, half of it must be given to the man.
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If the child is less than three years old, the woman will be sentenced first, and the man will take child support, if you don't want the child to apply, the bride price money is not public property, and the money you earn after marriage is public property should be divided in half, but you can consult a lawyer in this case to provide evidence to see the court decision.
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1. What money do you want when you get married? Does it mean a gift money? After both parties are married, under normal circumstances, the gift money can not be refunded in accordance with the law when they are divorced.
2. The two of you can negotiate the custody of the child, the man is not working, which is not conducive to the growth of the child, it is recommended that you raise it better, and the man must pay appropriate child support until the child reaches adulthood.
3. The joint property after marriage shall be divided through negotiation, and if it is judged by the court, it shall be divided equally in principle.
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Yes, it is considered joint, and if the divorce is to be scored.
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Divorce property is divided equally, no matter who earns it, it will be divided equally!
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What should I do if the husband does not pay alimony? You can negotiate with the man to support him, and the woman to give the money, otherwise the woman will not be able to get married.
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Eun's financial resources at the time of marriage are joint property.
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The property is divided equally, and the woman still has to pay child support.
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The property is divided equally, and you husband and wife can negotiate.
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The child should still follow you, and it is best to consult a lawyer for specific matters.
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You should consult a lawyer about this.
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Two years doesn't seem to be counted...
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Hello, first of all, the two sides negotiate, the negotiation does not work according to the agreement, and if there is no agreement, it will be according to the law.
The law only deals with the joint property of the husband and wife, and the personal property before and after the marriage is personal and does not deal with it. The joint property of the husband and wife is divided equally between the parties in the event of divorce, and the court may also give an additional part of the property to one of the spouses in accordance with the principle of taking care of the children and protecting the rights and interests of the woman, depending on the circumstances.
Article 17 of the Marriage Law: The following property acquired by the husband and wife during the existence of the marital relationship shall be jointly owned by the husband and wife:
1. Salary and bonus;
2. Income from production and operation;
3. Income from intellectual property rights;
4. Property obtained by inheritance or donation, except as provided for in Paragraph 3 of Article 18 of this Law;
5. Other property that shall be jointly owned.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
Interpretation of the Marriage Law (2) Article 11 During the existence of a marital relationship, the following property falls under the provisions of Article 17 of the Marriage Law"Other property that should be jointly owned":
1) The income obtained by one party from the investment of personal property;
2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;
3) Pension insurance funds and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.
Article 12: As provided for in paragraph 3 of article 17 of the Marriage Law"Proceeds from intellectual property"refers to the property gains actually obtained or that can be clearly obtained during the existence of the marital relationship.
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Is the relationship really broken? If the two of them don't have anything excessive in principle, don't divorce, the child is still young, so it will not be good for him to grow up in the future, don't quarrel in front of the child. What does this look like?
However, after getting married, there will still be friction between two people in one way or another, and no two people have never fought since they got married. It's not easy to get married. A relationship is not easy, so why bother with divorce! Think.
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Litigation divorce: Under normal circumstances, after mediation, it is necessary to see whether the conditions for statutory divorce are met;
Then you have to divide your married property into two, but in practice, there will still be many special circumstances, according to the situation to determine more or less. (don't know your specific situation).
Then we will work out who should raise the child.
Finally, there is the issue of visitation rights for children.
Divorce by mutual agreement: You can negotiate property and child custody on your own. After signing, in triplicate, go to the marriage registration office to apply for divorce You can ask a divorced friend for the specific way. But it's nothing more than bringing all the documents.
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It's best to hire a lawyer to help you get a divorce, if you have a lot of money!
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Regarding the ownership of the custody of the divorced children of the parties, the judgment is mainly based on the following articles of the Marriage Law:
Article 36: The relationship between parents and children is not extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent. After divorce, parents still have the right and obligation to raise and educate their children.
After divorce, the child who is breastfeeding shall be raised with the nursing mother. If the two parties cannot reach an agreement due to a dispute over the custody of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.
Article 37: After a divorce, the other party shall bear part or all of the necessary living expenses and education expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.
An agreement or judgement concerning the maintenance and education of the child shall not prevent the child from making a reasonable demand to either parent, if necessary, in excess of the amount originally agreed upon in the agreement or judgment.
Article 38: After divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist.
The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.
Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the right to visit in accordance with law; When the reason for the suspension disappears, the right to visit shall be restored.
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.
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It is the children who are hurt by the divorce of their parents.
When the child is young, his mother takes him, the adult is ignorant and divorced, and the child is not sensible and coaxed. Legally inclined to mothers.
If there is room for relaxation and relaxation, it is best not to leave. It doesn't matter how much money you make, family happiness is fundamental.
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It's hard to say.
No matter who it is awarded.
The other party has to pay child support.
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No, it is marital property, joint property between husband and wife! If you really mention divorce, such as houses, etc., are the joint property of husband and wife!
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It's impossible for you to get all this money back, and the property is one and a half after marriage. ,
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The marriage law specifically introduced this situation can be taken a closer look. The red envelope money you mentioned should be part money. What the woman's relatives and friends give belongs to the woman, and what the man's relatives and friends give belongs to the man.
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I want to get divorced after only two years, why? Is it because there are no children?
Even if you are divorced, is there any evidence of how much money is collected for the wedding? If you have, you can get some of it back.
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I'm going to get divorced after just two years of marriage and no children, go to the hospital for a checkup, maybe it's your problem, you are a ruthless and unrighteous person, are people marrying you for nothing? Is that money enough to compensate for the woman's pain?
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Why do you want a divorce. Is it because there are no children? Your marriage is so short, you should still be in the honeymoon period, why do you want to separate.
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I really look down on you, my wife doesn't want it, and I still want that little red envelope money.
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1. There are two ways to divorce: negotiation and prosecution, and if the negotiation fails, you can only sue. If you file a lawsuit, the court will decide whether the relationship between you and your husband has broken down.
2. If one party has lived in the current actual place of residence for one year, he or she can apply for divorce in the place of residence.
3. If both parties agree, you can apply for expedited ruling, and it can be done within a week.
4. In terms of custody, it is necessary to follow the principle of which party's support is beneficial to the child's growth. Children under the age of 2 are generally given to their mothers. Alimony is generally 20-30% of one party's income.
5. The property is generally divided equally, and if one party is at fault, the property can be divided less or not divided.
6.Marriage is equal between men and women, no one needs to compensate each other, 600,000 does not need to be given, and it is resolved by litigation.
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In the case of divorce by mutual agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration office or the civil affairs department where either party is registered with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; In the case of divorce by litigation, one party may unilaterally sue in the court where the defendant is domiciled, or in the court where the defendant is not registered but has lived in the court for more than one year, and Article 32 of the Marriage Law stipulates that if the relationship has indeed broken down and mediation fails, the divorce shall be granted.
If the prosecution does not provide evidence of the breakdown of the relationship between the husband and wife, such as: bigamy or cohabitation between a spouse and another suspect, domestic violence, gambling, drug abuse, separation for two years due to emotional discord, etc., the court will not grant a divorce, and the prosecution can only file a lawsuit 6 months after the first-instance judgment takes effect, and the second lawsuit will generally grant a divorce.
There is no argument that if one party files for divorce first, that party will have to pay financial compensation. That is to say, it is not necessary that the one who files for divorce first, and that one will suffer.
In principle, one child per person.
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