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After reading your brief description, I think there are two goals you want to achieve now: first, divorce; Second, divide the property fairly or as much as possible. Divorce cases without children are nothing more than these two goals. If the negotiation is not successful, the path of litigation will have to be followed.
First of all, you are the first goal. Take a look at your reason for filing for divorce: no feelings.
In this case, if the other party firmly disagrees with the divorce, the divorce will generally not be decided for the first time, and the division of property is impossible. You are not allowed to file divorce proceedings for six months after the judgment takes effect. If you mention it again after six months, you will generally be divorced.
So if you are determined to get a divorce, this goal is still achievable.
Second, look at the division of property. It turns out that the car is in your father's name, how can your wife live in her own name? This thing is a bit strange, she has no inheritance, could it be that there is a bequest?
Furthermore, if you have evidence of the transfer of property, you can of course raise it in divorce proceedings and demand that all the joint property of the husband and wife belong to you on this ground. According to Article 47 of the Marriage Law, "at the time of divorce, if one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts 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.
However, it is better to do a good job of prevention, do not let the other party transfer too much property, and transfer part of the situation to meet the above provisions, if the transfer is too much, even if the judgment supports you, it will be a problem to enforce it in the future. Is there anything else you don't know? Be kind, you should give me points, right?
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It is enough for one party to file a divorce lawsuit, and the transfer of ownership to his or her own name is not a transfer of property, and if there is a transfer of property, you can apply to the court to revoke it.
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Tianjin Lawyer Li (Professional Divorce Lawyer):
It is possible to sue separately, one for inheritance and one for a request for division of the marital property. Lawyers should know that what the client needs is not a pile of legal provisions, but a solution to the problem.
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Legal analysis: If the divorce agreement promises to give the woman money, she can file a lawsuit with the court and apply for enforcement. It is sufficient to sue directly according to the agreement, and immediately after the agreed payment of the arrears is due, you can file a lawsuit in the basic people's court where the husband is located.
Where the person subject to enforcement fails to perform the acts specified in judgments, rulings, or other legal documents in accordance with the enforcement notice, the people's court may enforce it or entrust the relevant unit or other person to complete it, and the person subject to enforcement shall bear the costs.
Legal basis: Civil Procedure Law of the People's Republic of China
Article 1087: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 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.
Article 252:Where the person subject to enforcement fails to perform the acts specified in judgments, rulings, or other legal documents in accordance with the enforcement notice, the people's court may enforce it or entrust the relevant unit or other person to complete it, and the person subject to enforcement is to bear the costs.
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After deciding to divorce, don't back down, draw a line with the man, everything is subject to the court's ** notice. Is the woman obliged to give money if the man still asks the woman for money after the divorce by mutual agreement? I don't think there's any obligation to give the man money to bury the reeds, mainly in the following aspects.
First of all, since the divorce has been reached, it means that there is no relationship between the husband and wife, and there is no room for redemption. The woman is not obliged to give money to the man at this time. Secondly, even if there is no divorce, the woman does not need to pay money during the marriage.
The man himself has hands and feet, and has the ability to work, and it is very embarrassing to ask the woman for money. Finally, as a man, you must have responsibility and responsibility, reach out and ask a woman for money, it is not the style of a big husband, a man must have his own face. A man who can't even support his own wife should be divorced, he doesn't deserve such a good wife.
1: The woman does not have to give the man money, this is not an obligation as a wife, and it is completely possible to refuse such an unreasonable request.
Now that the divorce has come to the point, it shows that there is no relationship between the husband and wife, and there is no room for redemption. The woman is not obliged to give money to the man at this time.
2: Divorce by agreement, just wait for the court's judgment with peace of mind, and don't have any more involvement with the man.
Even if there is no divorce, the woman does not need to pay money during the marriage. The man himself has hands and feet, and has the ability to work, and it is very embarrassing to ask the woman for money.
Three: Men are supposed to shelter a woman from the wind and rain, not become an obstacle to her.
As a man, you have to be responsible and responsible, reaching out to ask a woman for money, it is not the style of a big husband, a man must have his own face. A man who can't even support his own wife should be divorced, he doesn't deserve such a good wife.
Is the woman obliged to give money if the man still asks the woman for money after the divorce by mutual agreement? If you have anything else you want to add to the liquid calendar, please leave a message below the comment area. If you also agree with this article, remember to like and follow.
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After the divorce, each of them is managed by each of them, and each has its own life. Don't disturb each other. Especially in the south.
Still asking the woman for money. This shows that this boy is too spineless. With his hands, he can't earn money to support himself, and he has to reach out to the woman to ask for money, and he can also laugh and search.
The woman is not obliged to do so. And then continue to give you money to spend. Wake up!
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The woman has no obligation to give it to the sail friend. Because after the divorce by agreement, it means that your marriage relationship has come to an end. Therefore, if it is not a husband and wife relationship, there is no obligation to give him money.
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There is no obligation, if such a situation occurs, then you should choose to complain to the other party at this time, so as to ensure that the other party will not have such a bad behavior, which is very bad.
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There is no obligation to give. And the two have divorced, and there is no longer any relationship in law, so the woman is not obliged to give.
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There is no such obligation, because the two people have already chosen to divorce, so at this time, the woman does not have to give the man money.
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Hello, there is a statement in the divorce agreement that the woman is obliged to give the man money after the divorce? The woman must follow the provisions of the agreement, and if there is no obligation to pay the man in the agreement, there is no need to give it, and the man has always asked you to choose to call the police.
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There is no obligation, and it is not to raise children, so why give money to each other. Can be refused.
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Legal Analysis: The marriage agreement is legal and valid. If the other party does not fulfill the obligation to pay money in accordance with the divorce agreement, the other party can file a lawsuit with the court, and the court will make a judgment in favor of it. Then apply for enforcement.
Legal basis: Civil Code of the People's Republic of China
Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.
The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.
Article 1077:Within 30 days of the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.
Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
Article 1078 Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily in Lingyin Mountain, and have reached a consensus on matters such as child support, property, and debt handling, they shall register and issue a divorce certificate.
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The current state regulations stipulate the freedom to marry and the freedom to divorce. Generally speaking, if a man or a woman files for divorce due to the breakdown of the relationship, no compensation is required. If the party filing for divorce needs compensation from the other party, then it violates the essence of the freedom to divorce.
However, in some cases, if one party proposes compensation, the people's court will support it.
1. What are the legal provisions of the law in which the husband should compensate the woman for divorce?
The husband does not need to compensate the woman for divorce. Our citizens enjoy the freedom to marry in accordance with the law, both the freedom to marry and the freedom to divorce, and both men and women have the right to file for divorce. As long as the husband has not committed any wrongdoing during the marriage, such as bigamy, cohabitation, domestic violence, abuse, or abandonment of family members, the man is not required to compensate the woman for filing for divorce.
2. Whether the woman needs to compensate the man for the loss of youth when she files for divorce.
The woman does not need to compensate the man for the loss of youth when she files for divorce. The law does not provide for compensation for youth losses, and youth expenses do not fall within the scope of statutory compensation for moral damages; Therefore, there is no legal basis to demand compensation for the loss of youth. In addition, youth is not a right in nature, it disappears over time, and even if you don't get married, youth disappears and doesn't stay at a certain point.
Unless one of the spouses has one of the wrongful acts prescribed by law, the other spouse, as the innocent party, can claim damages.
3. How to compensate the woman for divorce.
According to the relevant laws and regulations of our country, marriage is everyone's right, so the woman does not need to compensate the man for divorce, but if in the divorce of the husband and wife, if one party has the following faults that lead to the divorce, the innocent party has the right to claim damages from the party at fault. If one party filing for divorce is required to compensate the other party, then it violates the essence of the freedom to divorce. 1. Bigamy by one party; 2. One of the spouses cohabits with another person; 3. One party commits domestic violence; 4. One party abuses or abandons a family member.
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 party who is not at fault has the right to claim damages:
a) bigamy; 2) cohabitation with another person;
3) Committing domestic violence;
4) Abuse or abandonment of family members;
5) There are other major faults.
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.
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If both parties agree to the divorce, they can go to the civil affairs department to go through the divorce formalities together to dissolve the marriage, and if one party does not agree to the divorce, the other party may file a divorce lawsuit with the court. If the marriage has been registered and the woman has lived together, the woman may not return the bride price paid by the husband in accordance with custom. If the division of property is involved in the divorce, the personal property of one party shall be enjoyed by him/her, and the joint property after marriage shall generally be divided equally, and if one party is at fault for the divorce, the innocent party may demand that the other party share less or no share of the property when dividing the property.
If one party has bigamy, cohabitation with another person, domestic violence, abuse, abandonment of family members, etc., the innocent party has the right to claim damages. Debts incurred by the husband and wife for living together shall be paid jointly.
Article 1085 of the Civil Code of the People's Republic of China: Where children are directly raised by one party after divorce, the other party shall bear part or all of the child support. The amount of the cost to be borne 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. The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.
10,001 yuan!
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It depends on the attitude of the two people, if the woman insists on divorce, and the man does not want to divorce, then he must show a sincere attitude to keep the other party, he can admit his mistakes, he can obtain the other party's understanding, and he should apologize sincerely, so I think that whether it is for the child or the elderly, there should be a satisfactory explanation, it should be salvageable, first of all, there must be sincerity, there must be sincerity, there must be sincerity.
The woman's demand for a bride price is too high, which proves that she is very. At this time, it depends on what you think in your heart, whether you really like such a person, if the child is just for your material requirements, then you can consider other things.
1. Evidence of the basic conditions of both parents. Modern life is fast-paced, and children are often not brought by either spouse, especially for preschool children, often by one parent. Therefore, the child's previous living environment, as well as the opinions and physical condition of the parents who have been with the child for a long time, are often also an important aspect that affects the child's custody. >>>More