How to divide the property in the divorce and the issue of child support

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.

So be sure to think twice, if there are no irreconcilable contradictions, it is better not to leave.

1. On whether you can get a divorce. Article 34 of the Marriage Law stipulates that: "The man shall not file for divorce during the woman's pregnancy, within one year after childbirth or within six months after the termination of pregnancy.

This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce. Therefore, if the woman does not agree to the divorce, you cannot file a divorce lawsuit for the time being.

2. On the division of property.

Bride price. After the parties get married, the bride price is only possible in exceptional circumstances. Article 10 of Interpretation II of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law:

Where a party requests the return of a bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:

1) The parties have not gone through the marriage registration formalities;

2) The parties have gone through marriage registration formalities but do not live together;

3) Payments made before marriage that cause hardship to the payor.

The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. ”

Jewellery is generally owned by the woman. Article 8 of the Several Specific Opinions of the People's Courts on the Handling of Property Division Issues in Divorce Cases stipulates that: "In principle, the joint property of husband and wife shall be divided equally.

According to the actual needs of production and life and the actual needs of property, the specific treatment can also be different. Items that belong to the exclusive use of the individual are generally owned by the individual. ”

If the loan is used for marital life, it is generally recognized as a joint debt.

If the house was bought before the marriage and is in your mother's name, it is your mother's personal property.

3. Child support.

Several Specific Opinions of the People's Courts on Handling Child Support Issues in Divorce Cases stipulate that children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. Where both parents agree that a child under two weeks old will live with the father and there is no adverse impact on the healthy growth of the child, it may be permitted. “

Property acquired after marriage can be divided. Property is not joint property and is not divided. The bride price is huge, but it is not returned because they have already lived together.

Of course, this situation can be properly considered and your interests can be taken into account when dividing property in divorce. Child support is actually quite a complex issue, depending on the conditions of the child's living environment, parental support, etc., if possible, you can interview a lawyer before the lawsuit to develop appropriate strategies to try to meet your requirements.

Related articles:

You can fight for one per person, but children under the age of 2 generally live with their mothers in principle.

I have a little bit of experience in handling cases.

First: the property is yours to own.

The second bride price can be returned in your case, and the local court will consider your situation.

Thirdly, it is possible to ask for one for each person to be supported (the court may uphold it in your case).

The house belongs to you, and the children can have one for each person!! But think more about your children.

1.The issue of property allocation, how to divide the two houses.

If the registered owner of the house to be purchased is your mother, and now the divorce, the 2 houses will be divided equally as the joint property of the husband and wife.

2.Whether my father is obligated to give me child support, and if so, there is no clear legal obligation after college.

3.Each parent has a certain amount of savings, whether it is divided equally after the divorce.

Yes, it's your parents who divide it equally.

(1) If the house is indeed the joint property of the husband and wife after the property is disposed of, it shall be jointly distributed by the husband and wife.

2) If the children go to university, the divorcing party will not pay maintenance in principle.

3) The husband and wife's savings should also be distributed as the joint property of the husband and wife.

On the issue of custody, according to Article 1 of the Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by People's Courts, children under the age of two generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

Although this provision was introduced in 1993, it is still in force today. Moreover, in real judicial precedents, babies under the age of 2, especially lactating babies, tend to be awarded to the woman, so if you sue for divorce, the chance of winning the custody of the baby is relatively large.

On the issue of property, although the house is your husband's pre-marital property, the house acquired after the demolition or the property related to the demolition is the property acquired after the marriage (almost all the property acquired after the marriage is the joint property of the husband and wife), and it should be recognized as the joint property of the husband and wife, and you have half of the ownership, and you can ask for an equal distribution when you file a lawsuit.

Regarding the issue of child support, if you win the custody of the baby, then you can ask the other party to pay child support, and although the baby's expenses later due to school, medical treatment and other reasons are not necessarily involved in the divorce case, the baby can sue in advance in his own name and require the other party to pay the above expenses.

Finally, I suggest that you do not choose to separate if you can maintain this marriage, after all, a complete family is the most important thing for the growth of children, and divorce can only be the last last resort.

1. After the divorce, the child during the lactating period shall be raised with the nursing mother as the principle, and the father shall pay the child's maintenance on a monthly basis according to the judgment of the court or the amount agreed by both parties. The mother may also live with the father if she has one of the following circumstances:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them; 2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him; 3) The child is unable to live with the mother due to other reasons. In addition, if both parents agree that a child under the age of two years will live with the father and there is no adverse impact on the healthy growth of the child, the child under the age of -10 may be allowed to settle the matter through negotiation, and if no agreement can be reached, the people's court shall make a judgment on the basis of the principle of being conducive to the child's growth and considering the specific circumstances of both parents.

For children over the age of 1, the child's opinion should be taken into account. Case-by-case analysis.

Custody:

The ownership of custody in the event of divorce can be negotiated between the parties, and if the negotiation fails, the court shall make a judgment. The court's decision on the ownership of custody is generally based on the principle of being conducive to the growth of the child: the following factors are mainly considered:

Education, employment, income, age, family environment, age of both spouses, age of children, etc. Children under the age of two generally live with their mothers. In the event of a dispute between the parents over the age of 10 over that a minor child over the age of 10 should be accompanied by his or her father, the child's opinion shall be taken into account.

Distribution of property: The basic principle of property division in divorce is the income of the husband and wife during the existence of the relationship, and they have equal rights to dispose of it; One party's pre-marital property is not divided.

The Marriage Law stipulates that Article 17 The following property acquired by husband and wife during the existence of the marital relationship shall be jointly owned by the 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.

Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or 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 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.

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:

It depends on whether the things you have now are bought by someone before marriage or after marriage, the former is whoever's own, and the latter is divided equally.

If the title deed is in the man's name, then the house belongs to the man's property, and the woman cannot ask for a division, and the child is basically raised by the woman.

If the title deed is in the man's name, then the house belongs to the man's pre-marital property or the man's property, and the woman cannot ask for division, and the child is basically raised by the woman.

According to the marriage law and judicial practice, according to your situation, the court will always order the child to live with you, and the man will pay child support. Unless the other party proves that you have any of the following circumstances: you have a contagious disease or other diseases, do not raise children, etc.

The alimony is 20% of the other party's salary.

According to what you said, according to the law, the house is the man's personal property before marriage. At the time of divorce, it is still his personal property, as long as the property taken during the marriage is the joint property of the husband and wife, you can claim half of it. As the father of the child, even if he is divorced, he still has visitation rights, which is a legal requirement.

If you don't give him access to the child, he can sue.

If the property was purchased after your marriage, it should be part of the joint property of the husband and wife and be divided jointly by both parties in the event of divorce.

Because the child is not breastfeeding, there is a greater chance of living with the woman.

The house is jointly owned by the husband and wife, one and a half, and the children are raised by the mother in principle, but there are exceptions.

If the property was purchased after your marriage, it should be part of the joint property of the husband and wife and be divided jointly by both parties in the event of divorce.

Because the child is not breastfeeding, there are no special circumstances to live with the woman.

The joint division of marital property.

When the husband and wife divorce, they can negotiate on the division of property and child support, and if the negotiation fails, the court will make a judgment according to the following principles.

Article 39 of the Marriage Law In the event 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 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.

Unless you divorce by agreement, if you can't prove it, it is very likely that you can't leave if you sue it, if you leave, then the joint property is half of one person or you have an agreement, from the agreement, the custody of the father does not affect the execution, but you also have to prove that the 20,000 yuan is the joint property of the husband and wife. The child's problems are still agreed, from the agreement, from the agreement, not agreed, by the environmental conditions suitable for the child's growth and all aspects. There is also the question of who the child himself has a better relationship with.

The problem of housing, if it is rural, if there is no real estate certificate, it is troublesome. Depending on what you say, is there any evidence in your favor that proves that you have partial ownership of the house, including whether you paid for the construction of the house? If you have a real estate deed, whose name is written on the real estate deed?

In a word, if it has something to do with you, you can assert your rights.