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In such a situation, the woman proposed that the car and the house are all owned by the man, and if the child and the man repay the child support, it depends on the decision of the man's family.
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When the woman files for divorce, she can obtain marital property.
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It depends on how you negotiate, if the man is at fault, the woman may get more, if the woman is at fault, then the man will get more, and if both parties are not at fault, then the joint property of the husband and wife will be divided equally.
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If the woman gets married for the purpose of defrauding money, and then divorces, she can't ask for a house or a car.
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It depends on the reason, the woman has someone else, so she can only leave the house. If the man is concerned, then he can be asked to come and let him leave the house.
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If it is a joint property after marriage, it should be possible for one person to be half after a court judgment.
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If the husband is not at fault, the marital property should be divided jointly. Unless the man doesn't care.
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After mediation, it is up to both parties to communicate and reach an agreement. If the agreement is not reached, the judicial process will be followed.
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Whoever proposes it will be at the loss. It depends on the specific situation, and you can consult your local legal department.
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When the woman files for divorce, the property is divided into pre-marital property and post-marital property, and the pre-marital property cannot be divided, and the joint property can only be divided after the marriage.
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Hello, a normal divorce is to have a house and a car, and you need to negotiate by yourself.
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As for the house and car, who bought it is very important, or who bought it, if it is pre-marital property, whose property is more clear, and the post-marital property is liquidated and distributed according to the proportion of the original purchase capital.
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It is difficult to divorce normally, and the property is divided equally The man is reluctant to divorce and the probability of wanting a house and a car is not high.
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It depends on the state of the man!
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Summary. If the husband and wife divorce and have a car, they can sue for enforcement if they don't give it. If the car is in his name but purchased with the joint property of the husband and wife after marriage, the court where the parties can produce proof may divide it according to the joint property.
An application can be made for pre-litigation property preservation, and after the court seals it, the transaction can be restricted to prevent the transaction from being sold. Since the car cannot be simply divided, it is generally divided equally according to the market value.
What should I do if the divorce agreement car belongs to the woman, and the man does not give it.
If the husband and wife divorce and have a car, if he does not give it to Zhilu, he can sue for enforcement. If the car is in his name, but the joint property of the husband and wife is purchased after marriage, the court where the parties can produce proof can divide it according to the joint property. An application can be made for pre-litigation property preservation, and after the court seals it, the transaction can be restricted to prevent the transaction from being sold.
Since the car cannot be simply divided, it is generally divided equally according to the market value.
At the time of divorce, if the parties have a legal marriage, financial travel, and dissolution of property, the agreement shall be dismantled, and the agreement shall be followed. The property unique to one party shall be owned by the party. The joint property of husband and wife should generally be divided equally, and may not be equal when necessary, and if there is a dispute, the people's court shall make a judgment in accordance with law.
The car is in his name.
Is it activated now.
Divorced. Yes.
Divorce by mutual agreement, right?
Yes. He doesn't give, I should do.
Filing a lawsuit with the court against the divorce agreement has not yet been requested.
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The woman filed for divorce and the man could leave without showing up for the following reasons:
1. Where the defendant refuses to appear in court without a legitimate reason after being lawfully summoned twice, or leaves court without the court's permission, the people's court may make a default judgment. In other words, even if the defendant does not appear in court, the people's court can still make a judgment based on the facts and law, and the judgment will also take effect on the defendant.
2. For those defendants that the people's court deems necessary to appear in court, that is, defendants who are unable to clarify the facts of the case without appearing in court or who have the obligation to support, raise, or raise them, and refuse to appear in court without a legitimate reason after being lawfully summoned by two summonses, the people's court may employ compulsory measures and be summoned to appear in court;
3. Divorce cases heard in absentia:
1) It is usually impossible to ascertain objective facts, and it is difficult for the court to directly decide the divorce by unilateral evidence, and it is necessary to sue again;
2) In the case of divorce by default judgment, the judge only deals with the dissolution of marriage and child support, and usually does not deal with joint property and joint debts because the joint property cannot be verified;
Legal basisArticle 65 of the Civil Procedure Law of the People's Republic of China.
If there is a litigant in a divorce case, the person shall still appear in court unless he or she is unable to express his intentions; Where they are truly unable to appear in court due to special circumstances, they must submit a written opinion to the people's court.
Article 1079 of the Civil Code of the People's Republic of China.
Where one of the spouses requests a divorce, the relevant organizations may conduct mediation or directly file a divorce lawsuit with the people's court.
People's courts hearing divorce cases shall conduct mediation in the army; 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 files a divorce lawsuit without permission, the divorce shall be granted in a clear manner.
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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Whether you can get a divorce or if you want to divorce depends on the specific situation of both men and women, to see which divorce method to choose, and whether there is a situation between you that can grant a divorce. There are two ways to choose from divorce, one is to divorce by mutual agreement, negotiate that both parties go to the Civil Affairs Bureau to go through the relevant divorce procedures, in this case, both men and women agree to divorce; Another way is to go to court and file a lawsuit for divorce, which is applicable when one party does not agree to the divorce. The standard for the court to decide the divorce is that the relationship between the husband and wife has indeed broken down, and the relationship between the husband and wife has indeed broken down according to the situation between the man and the woman, mainly to determine whether there is domestic violence, abandonment, abuse, drug abuse, gambling, bigamy, imprisonment, emotional discord and separation for more than two years, physical defects or diseases that are difficult to **, etc., the court will judge according to the circumstances of both parties.
Because the woman is pregnant, it is a special period of law, and the woman is protected by law during this period, at this time, as long as the woman does not agree to the divorce, it is difficult for the man to divorce. Of course, at this time, the woman can file for divorce, and the woman is not restricted. As long as the woman has evidence to prove that the husband has indeed broken down the relationship between the husband and wife, the court has a good chance of ruling the divorce of the man and the woman.
Of course, during this period, both men and women can divorce by mutual agreement at any time. In law, marriage fraud refers to the act of using marriage as bait to defraud others of their property. Because there is no crime of marriage fraud, if it constitutes marriage fraud, it is generally handled as the crime of fraud.
The general solution is to sue for divorce. If one party still uses the marriage to claim more property for the purpose of living together, or if one party has a weak sense of family and is irresponsible for the marriage, resulting in the inability of the two to live together, it generally cannot be characterized as a fraudulent marriage. If you feel that the other party is cheating on the marriage, it is recommended to report the case to the public security organ, and the professional judicial organ will determine and deal with it.
Article 1081 of the Civil Code of the People's Republic of China The spouse of a serviceman on active duty shall obtain the consent of the serviceman when requesting a divorce, except where one of the servicemen has major faults. Article 1082 of the Civil Code of the People's Republic of China: A man may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.
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1. During the woman's pregnancy, within one year after childbirth, and within six months after the termination of pregnancy. However, the people's court deems it necessary to accept the husband's request for divorce, except in the case where the people's court finds it necessary.
2. The woman is a soldier who does not agree to the divorce and has no major fault.
Legal basis] Article 1082 of the Civil Code stipulates that the man shall not file for divorce during the woman's pregnancy, within one year after giving birth or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.
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If one party wants to get a divorce, the other party doesn't want to get a divorce. You can go to the court to apply for divorce. Litigation divorce refers to a divorce system in which the husband and wife cannot reach an agreement on whether to divorce or the division of property, the sharing of debts, the maintenance of children, etc., and file a lawsuit with the people's court, and the people's court dissolves the marriage relationship through mediation or judgment after trial.
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For your problem, it is advisable to file a divorce lawsuit in accordance with the law.
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If the man doesn't come forward, can he leave?
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If the woman asks for a divorce and the man does not come forward, whether she can leave or not will be treated differently. If you go to the marriage authority to handle a divorce by agreement, the man will not be able to leave without showing up; If the woman sues, the relationship between the parties has indeed broken down or there are other circumstances that qualify for divorce, the court will order the parties to divorce. If the man does not come forward, the court will rule in absentia.
Marriage Registration Ordinance
Article 10: Where a mainland resident voluntarily divorces, both men and women shall jointly go to the marriage registration authority for the place where one of the parties has a permanent residence to register for divorce.
Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.
Article 11 Mainland residents who go through divorce registration shall present the following documents and supporting materials:
1) The person's household registration booklet and ID card;
2) The person's marriage certificate;
3) A divorce agreement signed by both parties.
Code of Civil Procedure
Article 144:Where the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment may be rendered in absentia.
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According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.
The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.
As for what you said about your wife asking you for money, when you get married, you will have joint property, and when you divorce, you will need to divide the joint property.
As for the issue of children, according to the provisions of the relevant laws, the principle of competing for custody is conducive to the growth of the children, and whoever is conducive to the growth of the children will be awarded the general custody rights.
Children up to the age of two generally live with their mothers.
If the child is under the age of two and both parties are fighting for custody of the child, and no agreement can be reached, unless the woman suffers from an incurable infectious disease or other serious illness and is therefore unfit to live with the child, the general court will award custody to the woman.
If the two parties are over 10 years old and have a dispute over custody, the opinions of the child shall be considered.
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Divorce requires the necessary conditions, and the court will certainly not support divorce without just cause.
I'll give the gift money back to the man!
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If the agreement is not reached, the only way to sue for divorce is through the court, or through separation, and after more than 2 years, you can unilaterally sue for divorce.
As for the division of property, there are basically two aspects: first, if the husband and wife have an agreement on the property, it shall be handled in accordance with the agreement; Second, in the absence of an agreement, the premarital property shall belong to the person, and the other joint property of the husband and wife shall generally be divided equally. The issue of child support, because the child is still a person with no capacity for civil conduct, should be considered in the most beneficial aspect of the child's upbringing and education. After the divorce, one party raises the children, and the other party should bear part or all of the necessary living expenses and education expenses. >>>More
As a woman, starting from myself, I feel unreasonable, the original bride price is the man's own willingness, but also to give the woman a guarantee, in the breakdown of the marriage, want to go back is not unreasonable, besides, according to our country's marriage law, both men and women have been married registration, and live together, divorce, the party who paid the bride price before marriage is not entitled to ask the other party to return.