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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.
Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; 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 husband and wife agree in writing that 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, etc., they have 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 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. 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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If you negotiate a divorce, you need to make a clear agreement on the custody of the house and the children, and go to the civil affairs department to go through the divorce procedures.
In the case of divorce by litigation, the property shall be divided in accordance with the law, and the specific principle is generally equal division.
Custody of the child is determined on the basis of principles conducive to development. The parent who does not directly raise the child shall pay maintenance in the amount of 20 to 30 percent of the monthly salary.
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There are only two ways to divorce: one is divorce by agreement; The second is litigation divorce. If the husband and wife reach a divorce agreement on divorce, they can go directly to the marriage registration department to register the divorce, and the marriage registration department will issue a "divorce certificate".
If the two parties cannot reach a divorce agreement, they cannot go to the marriage registration department to register the divorce, and can only go to the court to sue for divorce, and the people's court will make a judgment.
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You can negotiate and deal with it, and if the negotiation fails, you can resolve it through litigation.
The property is handled differently depending on the specific situation.
Generally speaking, those jointly acquired during marriage belong to joint property and are divided equally.
The child is addressed from a perspective that is conducive to the child's growth.
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If the marriage certificate is issued, then the relationship between husband and wife has been legally recognized, then the property of both parties after marriage should belong to the joint property of the husband and wife, and the pre-marriage meeting gift and gifts from relatives should be gifts without special instructions and other conditions, and should not belong to the joint property and do not need to be returned.
The distribution of the joint property of the husband and wife depends on what is the reason for the breakdown of your marriage, whether it is divorced by agreement, or unilaterally, the specific conditions depend on the specific situation, if there is a situation within the scope of moral damages, and meet the provisions of statutory violations, then the application for compensation is should, if not, that is to say, you are divorced by normal agreement, and you do not have much responsibility, then you should agree, not to say how much to pay, but to negotiate and settle, the amount is determined by negotiation, and there is no statutory requirement.
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Hello, since you have registered your marriage and divorced, the distribution of property is mainly to distribute your joint property of husband and wife. You don't need to compensate him. As for the 40,000 yuan gift, is it a bride price according to your local customs? Yes, it is generally not supported.
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If you are both married, you do not need to pay compensation, but only divide the joint property during your marriage. And for the bride price, I also think that it is a gift to you, so don't say anything about the meeting gift or anything.
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From a legal point of view, there is no question of compensation at all in your case divorce. If it is an agreed divorce, you can agree on whatever you want, as long as it is a true expression of intent. If you sue the court, then the 40,000 yuan gift may be returned, and the rest of the money is given away and does not need to be returned.
As for the 100,000 he said, the court will not support it at all. Unless there are other property disputes between you that you haven't mentioned.
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You don't have to pay a penny, but you have to divide half of your marital property.
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100,000 is purely vexatious, you are married and live together, the gift money can not be returned, and you are a legal husband and wife, the property after marriage belongs to the joint property, half of one person, don't be scared, you can hire a relevant lawyer to take the legal route.
Although they have not remarried, your sister and your "brother-in-law" have indeed constituted a de facto marriage, so the income from their labor during this period should also be regarded as joint property. So, even if you don't reissue the marriage certificate, the house is half of your sister's. >>>More
In the case that some spouses buy a car and a house for Xiao S, how to distribute the divorce property of the husband and wife? In such a case, the spouse has every right to claim restitution.
If the house is registered in the man's name, it is the man's personal property, but the man should compensate the woman, and the puppy can be divided by agreement.
You are in a cohabitation relationship, and if you have children, you can sue to dissolve the cohabitation relationship and deal with the ownership of child custody, and if the property is not in the name of the two of you, then it cannot be divided. If you do not have a place to live after the union is dissolved, you can ask the husband to pay a lump sum financial help.
Does the woman agree to the divorce? Marriage is a process of many years of running-in, and it is irrational to file for divorce after just one year of marriage and children. Marriage is not furniture and appliances, you can buy a new one if you are not satisfied, once the divorce hurts both parties for life, and even if you remarry, it is difficult to heal. >>>More