Knowledge of Marriage Law 15, Knowledge of Marriage Law

Five years later, the man asked the woman for a house. Excuse me: Is it established? ": Not true. Because:

1. If the divorce is divorced by a court judgment or mediation, after the court's judgment or mediation agreement takes effect, the husband can no longer file a request for division of the house that has been determined in the judgment or mediation document.

2. If the divorce is by agreement at that time: within one year after the divorce by agreement, if the husband repents of the division of property, he can file a lawsuit with the court to request the re-division of the property, and the court may re-divide the property when it finds out that there is fraud or coercion in the divorce agreement. But now 5 years after divorce:

The husband has lost the right to sue.

The basis is Article 9 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China: "Where a man and a woman repent on the issue of property division within one year after the divorce by mutual agreement, and request to modify or revoke the property division agreement, the people's court shall accept it."

Where, after trial, the people's court does not discover that there was fraud or coercion at the time of entering into the property division agreement, it shall reject the parties' litigation claims in accordance with law. ”

Of course not, because it was voluntary, the law respected the agreement, and the statute of limitations had also passed, 2 years.

The divorce procedures are complete, what are the specific procedures? You said yes, and in what way? Asking detailed questions will make your case specific

The effective statute of limitations for the division of property after marriage is 2 years, and the statute of limitations has expired in 5 years, and the court will not accept it.

There must be a statutory reason to do so.

For what reason?

Legal Analysis: An invalid or annulled marriage is not legally binding from the beginning of the marriage, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party.

The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. The provisions of this Law on parents and children shall apply to children born to the parties.

Legal basis: Article 1046 of the Civil Code of the People's Republic of China Marriage shall be completely voluntary between the man and the woman, and it is forbidden for either party to coerce the other party, and it is forbidden for any organization or individual to interfere with it.

<>< 10 must-know matrimonial legal tips.

1. Marriage age: 22 years old for men and 20 years old for women.

2. The information required for the registration of the jujube marriage: the original ID cards of both parties and the original household registration books of both parties.

3. Joint property of husband and wife: salary and bonus; income from production and operation; proceeds from intellectual property rights; property acquired by inheritance or gift, unless it is expressly indicated that the party who made the gift; Other property that should be jointly owned.

4. Authorities for divorce by agreement: the civil affairs department or the original marriage registration authority at the place where either of the parties is registered.

5. Information required for divorce by agreement: the original ID cards of both parties, the original household registration books of both parties, the original marriage certificates of both parties, and several one-inch bareheaded photos.

6. The legal grounds for divorce (litigation divorce) are decided by the court:(1) bigamy or cohabitation with another person who has a spouse; (2) committing domestic violence or abusing or abandoning family members; (3) Those who have bad habits such as gambling and drug abuse that they have repeatedly refused; (4) Those who have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

7. Grounds for claiming compensation for moral damages: (1) bigamy; (2) A person who has a spouse cohabits with another person; (3) committing domestic violence; (4) Abusing or abandoning family members. Source demolition.

8. The legal reasons for one party to divide less or no share of the joint property of the husband and wife: he conceals, transfers, sells, destroys the joint property of the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party.

9. The issue of child custody: for children under the age of two, the custody generally belongs to the woman; For children between the ages of two and 10, custody is generally decided according to the child's growth, and it is necessary to weigh the education, economy, work, personality and other factors of both parties; For children over the age of 10, custody is generally decided according to the child's wishes.

10. Child support: It can be determined according to the actual needs of the children, the affordability of both parents and the actual living standard of the locality. For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income.

Where the traveler bears the cost of raising two or more children, the proportion may be appropriately increased, but generally must not exceed 50% of the total monthly income. If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions. If there are special circumstances, the above proportion may be appropriately increased or decreased.

Maintenance is generally paid on a monthly basis, usually until the child reaches the age of 18.

Legal Analysis: Marriage must be completely voluntary between the man and the woman, and neither party is allowed to coerce the other party or any third party to interfere with it.

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

Article 1041: Marriage and family are protected by the state. The marriage system of freedom of marriage, monogamy, and equality between men and women is implemented. Protect the lawful rights and interests of women, minors, the elderly, and the disabled.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.