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1. On the conditions for divorce.
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.
2. About child support and child support.
For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.
3. On the division of common property.
The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.
4. About the divorce procedure, required documents and fees.
In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. 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.
If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".
Ten years of repairing can be crossed by the same boat, and a hundred years of repair can be repaired to sleep together.
Marriage is a major event, and you need to be cautious about divorce!!
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The divorce agreement is only a negotiation of the division of property and child support and maintenance after marriage: the party at fault in the marriage cannot enjoy equal rights with the other party
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The money your husband owes your brother can be repaid by him in the divorce agreement (it depends on when you borrowed it, and you will have to repay it together after you get married. But you agree that it's all up to him, then.
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Emotional disagreement、、Half of the property、
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You can go to the library and find a template.
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Is it sad, or do you want him (her) to see that you don't care about this marriage at all?
You care. However, you don't tell the whole story, and no one else can help you. If you don't want to leave, you can get back.
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There are various divorce agreement templates, and the Civil Affairs Bureau also has samples, but the divorce agreement is easy to bury a lot of hidden dangers, because there are many disputes, therefore, it is recommended to draft a divorce agreement carefully, and it is best to consult a professional lawyer for guidance. Li Qingyi.
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The agreement is valid, and it is recommended to go through the divorce procedures immediately.
Article 9: Where both men and women reverse their feelings on the issue of property division within one year of divorce by mutual agreement, and request that the property division agreement be modified or revoked, 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.
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There are two kinds of divorce agreements, one is the divorce agreement signed at the marriage registration authority, and the marriage registration authority withdraws the marriage certificate and adopts the divorce certificate; Second, after the court files a lawsuit, the agreement reached under the auspices of the court shall be served by the court in the mediation document. A divorce agreement between the spouses in private has no legal effect.
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Divorce??? Why do you have to get a divorce?
Sample divorce agreement.
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The divorce agreement should clearly state the identity information of both parties, and clearly stipulate the support of children and the division of property. The divorce agreement is an agreement that both parties need to submit and file with the Civil Affairs Bureau when they go to the Civil Affairs Bureau to obtain the divorce certificate, and this agreement is generally in triplicate, with one copy for each man and woman, and one copy for the record retained by the Civil Affairs Bureau. The divorce agreement must clearly record or stipulate the identity information of both parties, property situation (the location of the house, the specific amount of property, the specific distribution method of property), the ownership of child custody, the payment of child support, the current status of claims and debts, and the subject of claims and debts. In addition, the husband and wife may also agree on compensation or the terms of compensation, as long as the parties agree on it and do not violate the mandatory provisions of the law. >>>More
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