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Marriage and divorce are two different choices in life, and when some people choose to get married, there will also be some people who choose to divorce for various reasons. It is not the original intention of two people to go on the road of divorce, and everyone is looking forward to getting married and wants to spend this life with each other. Two people may have misunderstandings about each other because of some difficulties in life, and sometimes it is easy to go down the road of divorce.
Often, sometimes one party wants to divorce, but it is common for one party to be unwilling to divorce. So how can the husband get it back if he wants to divorce very resolutely? Let's follow me to see what the solution is.
1. Find out why your husband wants to divorce Marriage is actually a practice, many people's married life is a piece of chicken feathers, why do some people's marriages look that...
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Legal analysis: If there is no money to give to the other party in the divorce, if one party feels embarrassed and wants to give one party a little compensation, then if there is no money, there is no need to give it. However, if the court rules that one party needs to pay compensation because of its fault, then if there is no money to give, it needs to be paid when there is money.
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 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.
People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person;
2) Committing domestic violence or abusing or abandoning family members;
3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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The solutions for not giving money after a divorce are:
1. If one party has no economic income or his whereabouts are unknown, resulting in the other party not being able to get child support, his or her property can be used to offset child support;
2. If one party refuses to pay the judgment or ruling of the people's court on child support, the other party may apply to the court for compulsory enforcement, and other relevant units or individuals shall assist in enforcement;
3. If one party does not enforce the alimony agreed in the divorce agreement, the other party cannot directly apply to the people's court for compulsory enforcement, but must file a civil lawsuit with the people's court, and request the court to order the other party to perform its obligations on the basis of the original agreement.
The law stipulates that if the parents do not fulfill the obligation to support them, the minor children or the adult children who are unable to live independently have the right to demand that the father and the mother pay child support. Parents who fail to fulfill their obligation to support their adult children, or who lack the ability to work or who have difficulties in living, have the right to demand maintenance from their adult children.
Legal basis. Civil Code of the People's Republic of China
Article 1092:Where one of the husband and wife conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or creates 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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Summary. If there is no money to be given to the other party in the divorce, the two parties can negotiate the installment compensation, after all, the facts are there, and both parties can understand each other.
If there is no money to be given to the other party in the divorce, the two parties can negotiate the installment compensation, after all, the facts are there, and both parties can understand each other.
Legal basis: The parties must perform on legally effective civil judgments and rulings under Article 236 of the Civil Procedure Law of the People's Republic of China. If one party refuses to perform, the other party may apply to the people's court for enforcement, or the adjudicator may transfer the enforcement officer for enforcement.
The parties must perform the mediation document and other legal documents that shall be enforced by the people's courts. If one party refuses to perform, the remaining party may apply to the people's court for enforcement.
Hello, are you a man or a woman?
Woman. Do you have to pay the other party compensation or do you have to pay you?
It's me who needs to pay.
You can negotiate with the other party to see if you can give it to him in installments.
He was already divorced, and he sued for division of property, and for some reason I don't have the money to pay now, and the court has already come out.
As long as you don't deliberately fail to give, the court will not enforce it.
I really don't have any money right now, I have failed to invest in my business, and I'm still in debt.
What happens to the courts if they don't have money, I wonder what happens.
If you don't deliberately refuse to give, the court will generally coordinate with you, and if you deliberately don't give it, it will enforce the property in your name.
Why did you get divorced?
Emotional discord. In this case, you can negotiate with your ex-husband.
He should be able to understand that, after all, it is better to collect it in installments than at all.
I didn't think about getting back together, because our thoughts and personalities really don't get along, and even if we love each other, we can't be together.
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