Concealing everyone s divorce, is it deception?

Updated on society 2024-06-03
15 answers
  1. Anonymous users2024-02-11

    What kind of deception is this, divorce and marriage are people's own privacy, and he doesn't tell others about his power, but if he uses this to deceive people, this is a kind of deception.

  2. Anonymous users2024-02-10

    This is not a kind of deception, after all, you are in charge of your own marriage, there is no need to make a big publicity, let your mood be acceptable, and then tell everyone that it is okay.

  3. Anonymous users2024-02-09

    I don't think this kind of thing is a deception, but it is a white lie to say that I don't want to tell others, and to ask my relatives and friends to worry with me.

  4. Anonymous users2024-02-08

    I don't think this should be counted, because divorce is a matter for two people, as long as the two of them know, after all, if many people know about this matter, it will cause a certain amount of turmoil, which will increase their own pressure.

  5. Anonymous users2024-02-07

    Legal analysis: The civil affairs department is networked, and both parties are required to provide a household registration book when registering a marriage, and the household registration book must have a record of the marital status, and the divorce will be indicated above, so it cannot be concealed.

    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 1078:Where the marriage registration authorities ascertain that the parties have indeed divorced voluntarily and have reached a consensus on matters such as child support, property, and debt disposition, they shall register and issue a divorce certificate.

    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.

  6. Anonymous users2024-02-06

    The consequences of a sham divorce should be distinguished into the following two situations: 1Where none of the parties to a fraudulent divorce is married to a third party, the divorce may be declared null and void.

    2.Where one or both parties to a fraudulent divorce have already married a third party, their remarriage shall be recognized as valid, and at this time, the right of the parties to the fraudulent divorce to request that the fraudulent divorce be declared invalid shall be extinguished, and the original fraudulent divorce shall take legal effect.

    1. What are the consequences of fraudulent divorce?

    Fraudulent divorce is a type of sham divorce, which fulfills the procedure of divorce but lacks the conditions for divorce. Therefore, the following two situations should be distinguished between the consequences of a sham divorce being discovered:

    1.Where none of the parties to a fraudulent divorce is married to a third party, the divorce may be declared null and void.

    In order to protect the freedom of marriage to the greatest extent and respect the personal freedom and privacy of the parties concerned, the current Marriage Law and the Marriage Registration Regulations have abolished the punishment for false divorce in administrative procedures, and the marriage registration authorities have no longer exercised the right to revoke fraudulent divorce registrations.

    Therefore, if a fraudulent divorce is handled through the marriage registration authority, it is impossible to obtain remedies in the marital relationship, and the consequences arising from it should be borne by the parties.

    2.Where one or both parties to a fraudulent divorce have already married a third party, their remarriage shall be recognized as valid, and at this time, the right of the parties to the fraudulent divorce to request that the fraudulent divorce be declared invalid shall be extinguished, and the original fraudulent divorce shall take legal effect. In practice, once the husband and wife have registered their divorce, the marriage relationship has been dissolved.

    2. What should I do if I don't remarry after a fraudulent divorce?

    After a fraudulent divorce, if the other party is unwilling to remarry, he cannot restore the marriage relationship on his own, and if there is an objection to the division of property, he can have a remedy.

    If one party divorces by deception to conceal or transfer the joint property of the husband and wife, and it is discovered after the divorce, he may sue for further division of the property; If one party cohabits with another person and achieves the goal of divorce by deception, the other party may sue the other party for damages after discovering it.

    Where a man and a woman repent on the issue of division of property within one year of divorce by mutual agreement, and request that the agreement on division of property be modified or revoked, the people's court shall accept it. After trial, if 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. Since the parties agree to handle a "fake divorce" is usually voluntary and there is no coercion, the parties should be aware of the consequences of the division of property and the risk that the other party may not agree to remarry, so there is no fraud in the property division agreement itself.

    In summary, the court will not revoke the property division agreement reached by the parties at the time of the sham divorce.

  7. Anonymous users2024-02-05

    Other people's opinions are not so important, even if they are some of their best friends and their own iron buddies, there is no need to let them all know their emotional process, because someone will gossip if they know himSome people may be able to control their mouths, and some people may not be able to control the spread of these things, which will affect their own lives.

  8. Anonymous users2024-02-04

    No, in fact, marriage and divorce are our own private affairs, which have nothing to do with others and will not hurt anyone, so it is our own freedom not to make it public.

  9. Anonymous users2024-02-03

    No, whether to divorce or not is your own personal privacy, this is your own personal matter, not other people's business, if you don't want to say it, you can not tell other people.

  10. Anonymous users2024-02-02

    It can't be regarded as deception and concealment of everyone's divorce in order not to let everyone worry about themselves, and this is also for everyone's sake.

  11. Anonymous users2024-02-01

    It's not a deception, it's a private matter, there's no need to advertise it, it's understandable that you don't want people to know.

  12. Anonymous users2024-01-31

    Concealing the divorce is not a deception, but I don't want others to know, and it will make people feel very uncomfortable if they talk about it after they know it.

  13. Anonymous users2024-01-30

    Collect all the chat messages, or make audio and video recordings to complete the evidence, make sure that you have deceived you, and then sue for civil damages.

  14. Anonymous users2024-01-29

    1.What is the degree of intellectual problems here, and if the circumstances of applying for the annulment of marriage include a disease that is medically considered unsuitable for marriage, but because there are no specific provisions, refer to the "Maternal and Child Health Care Law" and refer to the "Premarital Health Care Standards (Revision)" of the Ministry of Health to prohibit marriage or suspend marriage, if the intellectual problems here do not meet this standard, then it is difficult for you to apply for marriage annulment.

    2.If you can't apply for annulment of marriage, then you can sue for divorce, and during the divorce process, you can submit the evidence of the woman's concealment of her intelligence and problems to the court to apply for some compensation.

    3.The woman's application for a disability certificate while you are suing for divorce is not directly related to your divorce.

  15. Anonymous users2024-01-28

    There is no provision in the law for fraudulent marriage, and a marriage registered due to fraud is also a valid marriage, which is protected by law, and the two parties can sue the court for divorce if they do not agree with each other.

    If one party uses marriage as bait for the purpose of illegally taking possession of other people's property, conceals the truth, defrauds property under the pretense of marriage, and runs away with the money afterwards, and the amount is relatively large, it is suspected of the crime of fraud, and it is recommended to report to the police in time.

    Whether or not marriage fraud constitutes the crime of fraud depends on the purpose of the marriage, whether it is marriage or money.

    Legal basis: Article 266 of the Criminal Law [Crime of Fraud] Whoever defrauds public or private property, and the amount is relatively large, is to be sentenced to up to three years imprisonment, short-term detention or controlled release, and/or a fine; where the amount is huge or there are other serious circumstances, a sentence of between 3 and 10 years imprisonment and a concurrent fine is to be given; where the amount is especially huge or there are other especially serious circumstances, a sentence of 10 or more years imprisonment or indefinite imprisonment is to be given, and a concurrent fine or confiscation of property. Where this Law provides otherwise, follow those provisions.

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