Marital DisputesFamily Breakdown 5, Marital DisputesFamily Breakdown

It's a bit complicated indeed.

1: It's okay for your parents to divorce by agreement, but the property will be divided into your name when it is disposed of. And your father has a daughter born out of wedlock, and if that person is not an adult, he must keep the necessary living expenses for him.

3: You said that your father was deceived by a woman to go to the notary office to notarize and pay 3,000 yuan a month. What is the reason for the 3,000 yuan payment? You say that your father has been deceived and can give evidence and then apply for revocation of the notary.

As for the rest, this Qing official is difficult to decide the family affairs, it depends on your father If your father still loves your family, talk to the other party, and if you say something selfish, you can give him a compensation (pure humanitarianism...) If she is still stubborn, it will be free, and his suicide has no legal relationship with you. Family harmony is always more important than money.

Let's be a professional.

Your case is a bit crude.

It's not good to give you a conclusion.

One: Suppose the child is not your father's

Two: If the woman has a man other than your father outside, three: If the woman wants property, she should transfer the property first. Changing registered property into unregistered property, etc.

Parents' business, let them go.

I sympathize with the situation you said, but sympathize with the problem that can't be solved, you are stronger, it is going to rain on this day, the mother is going to get married, you can't control it, you can persuade them at most.

As for your father having a child with him, your father is legally responsible for raising the child, and your father can't avoid it, it must be.

Finally, I advise you not to be sad, if that woman asks your father to settle accounts, tell your father to bear it himself, because this can be said to be a punishment for him. Why do you sympathize with him?

Legal analysis: The main types of marriage and family disputes can be divided into three stages, marital contract cohabitation disputes, marriage disputes and divorce disputes (divorce disputes themselves include divorce disputes, post-divorce property disputes, post-divorce damage compensation disputes, joint property division disputes, child support disputes, child support disputes and a series of conflicts and disputes).

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.

1. How to deal with marital disputes1. In the event of marital disputes, the parties can deal with them through the following channels: (1) Settlement through negotiation. On the basis of equality and voluntariness, the parties to the Shuangzheng Code Pickpocket shall reach a settlement agreement through friendly negotiation, mutual understanding and mutual accommodation, and then resolve the dispute.

2) Mediation settlement. Under the auspices of relevant organizations (such as people's mediation committees) or intermediaries, on the basis of equality, voluntariness, and legality, distinguish right from wrong, clarify responsibilities, and promote the parties to independently reach an agreement and resolve disputes by presenting facts and reasoning. (3) Litigation settlement.

If the parties fail to resolve the matter through the above means, they may file a lawsuit with the people's court, and the people's court will make a judgment. 2. Legal basis: Article 3 of the Civil Procedure Law of the People's Republic of China and Article 17 of the People's Mediation Law of the People's Republic of China.

II. Where is the Place of Jurisdiction for Marriage Dispute Litigation Under normal circumstances, divorce proceedings shall be subject to general or jurisdiction, that is, they shall be filed with the people's court of the defendant's domicile, and if the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court of the habitual residence shall have jurisdiction. In addition: 1. The people's court at the place where the plaintiff is domiciled shall have jurisdiction over persons who do not reside within the territory of the People's Republic of China, persons whose whereabouts have been declared unknown or missing, persons who have been re-educated by labor models, and persons who have been imprisoned, and where the plaintiff's domicile is inconsistent with the place of habitual residence, the people's court at the place of the plaintiff's habitual residence shall have jurisdiction.

2. In the case of divorce where one of the husband and wife leaves the place of residence for one year, the people's court at the place of the plaintiff's residence shall have jurisdiction. The people's court for the defendant's habitual residence has jurisdiction over divorce where the husband and wife have left their domicile for one year, and where there is no habitual residence, the people's court at the plaintiff's place of residence at the time of filing the lawsuit has jurisdiction. 3. For overseas Chinese who marry in China and settle abroad, if the court of the country of residence does not accept the divorce proceedings on the ground that the court of the place where the marriage is concluded must have jurisdiction, the place where the marriage is concluded or the People's House of the last place of residence of one party in China has jurisdiction.

4. Overseas Chinese who have married abroad and settled abroad shall be subject to the jurisdiction of the people's court of the original domicile or the last place of residence in China if the court of the country of residence shall refuse to accept the divorce lawsuit on the grounds that the court of the country of nationality must have jurisdiction. 5. In divorce cases where one of the Chinese citizens resides abroad and one party resides in China, the people's court at the place where the domestic party is domiciled has jurisdiction. The foreign party files a lawsuit with the court of the country of residence, and the domestic party files a lawsuit with the people's court, and the people's court to which the lawsuit is filed has jurisdiction.

6. In divorce cases where both Chinese citizens are abroad but have not settled down, and one party files a lawsuit with the people's court, the people's court at the original domicile of the plaintiff or defendant shall have jurisdiction. 7. If a domestic intermediate people's court rules not to recognize a divorce judgment of a foreign court, the parties may file a divorce lawsuit with the intermediate people's court at the place of their original household registration or the place where the marriage was concluded. According to the provisions of the Civil Procedure Law, if a marital dispute arises, the parties may resolve it through negotiation on their own, and if the negotiation fails, they may apply for mediation, and if mediation fails, they may file a lawsuit with the people's court to resolve the dispute.

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The main types of marriage and family disputes can be divided into three stages, marital contract cohabitation disputes, marriage disputes and divorce disputes (divorce disputes themselves include divorce disputes, post-divorce property disputes, post-divorce damage compensation disputes, joint property division disputes, child support disputes and a series of conflicts and disputes).

1. Understanding of "property" in property disputes after divorce.

1) "Property" in post-divorce property disputes is not limited to property that was not disposed of at the time of divorce.

"Property" refers not only to the property that has not been disposed of in the divorce agreement, but also to the property that has been disposed of in the divorce agreement, and if a dispute arises subsequently, it is also a property dispute after the divorce.

2) "Property" in post-divorce property disputes includes not only positive property but also negative property.

During the marriage, the property acquired is joint between the husband and wife. Property here includes both positive and negative property. Positive property includes property, creditor's rights, etc., while negative property is mainly debt.

If there is still a dispute over the division of property after the divorce, then the civil subject needs to file a lawsuit with the local people's court within two years after the divorce.

2. How to transfer the property in a divorce.

If the division of the joint property of the husband and wife is claimed at the time of divorce, the parties may negotiate the division method on their own, and if they cannot reach an agreement, they may file a lawsuit with the court for division, and may sue for divorce disputes together with the property, or they may sue separately for property disputes after divorce after divorce. If the two parties transfer the property to each other in the divorce agreement, both parties shall jointly apply for the registration of the transfer of the house, and the materials to be submitted include the real estate certificate, ID card, and divorce agreement; Or in the case of litigation divorce, that is, unilaterally bring the judgment, mediation and other materials to handle it, and then pay the relevant taxes and fees in accordance with the relevant provisions of the Housing Authority, and complete the change registration.

3. How should the court deal with a fake divorce?

The fake divorce court does not deal with it. Fake divorce refers to the fact that in order to satisfy the certain interests of one or both parties, the parties fraudulently obtain the consent or negotiation of the other party, and mediate the divorce through the marriage registration authority or the court, and the parties continue to live together in the name of husband and wife after the divorce. After a conflict occurs, one or even both parties request to revoke the divorce registration or divorce mediation document.

As a natural person with full capacity for civil conduct, the legal significance and legal consequences of a fake divorce dispute shall be clarified, and the relationship between husband and wife shall be dissolved.