Marriage Law Divorce Child Property, Divorce Property and Children How to Judge

Of course, the court will accept it. But whether you can get a divorce or not is another matter. Divorce requires both of you to agree. The court generally mediates first, and then gives you a judgment if the real mediation fails.

Or you two have a good communication, you can also find friends, relatives and so on. Can you not leave or part. When adults divorce, it is the children who are hurt, and the children are so pitiful.

Are you at fault, work hard to get your wife's forgiveness. Try your best to redeem it.

Hello: The Divorce Agreement is an agreement with divorce as a condition for taking effect, and it will only take legal effect after the marriage registration authority completes the divorce. In the absence of a divorce or if one party does not agree to the divorce, the divorce agreement has not yet taken effect.

However, if the content of the agreement is relatively fair and reasonable, the courts in some places will also take the content of the agreement into account.

1.Fight for custody on the grounds that the other party usually does not fulfill the maintenance obligation.

2.Matrimonial property is generally divided equally.

3.It is advisable to appoint a local lawyer to assist you.

4.The presence of evidence of domestic violence is a condition for judging the breakdown of the couple's case.

This protocol can be used as evidence.

Legal analysis: The distribution of divorce property and children is as follows: generally if it belongs to the joint property of both parties, at the time of divorce, both parties will divide it equally, and if it belongs to personal property, it will be owned by the individual.

where there is an agreement, it will be distributed according to the agreement, and if there is no agreement, it will be distributed according to the law; The two parties can negotiate and determine the custody of the child first, and if the agreement is not reached, they can go to the court to file a lawsuit, and the court will make a judgment according to the actual situation of both parties. The ownership of custody rights is determined on the basis of the economic conditions, living conditions and education level of both parties, and on the premise of protecting the physical and mental health and legitimate rights and interests of the children.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage office.

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.

Article 1085:After divorce, where children are directly raised by one party, 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.

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 shall 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 child, the woman, and the party who is not at fault.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

The division of divorced children and property is to be divided by agreement between the two parties, and if no agreement is reached, the people's court shall 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 party who is not at fault for filial piety; With regard to the ownership of child custody, the law stipulates that children under the age of two shall be directly raised by the mother, and if the parents fail to reach an agreement on the custody of a child who has reached the age of two, the court shall make a judgment. The court will decide in accordance with the principle of the best interests of the minor children according to the specific circumstances of both parties.

[Legal basis].

Article 1084 of the Civil Code of the People's Republic of China The relationship between parents and children shall not be extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

After divorce, parents still have the right and obligation to raise, educate and protect their children.

In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

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 the husband or wife in the family land contract shall be protected in accordance with law.