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Article 6, Paragraph 2 of the Marriage Law and Article 12, Paragraph 5 of the Marriage Registration Regulations stipulate that a man or a woman shall be prohibited or suspended from marriage if they suffer from an illness that is medically deemed unfit for marriage or to suspend marriage; Marriage registration authorities also refuse to register. These include 'manic-depressive psychosis'.
Invalid marriage: refers to a marriage in which a man and a woman who do not meet the substantive conditions for marriage and have no legal effect in law, including bigamy that violates monogamy, marriage with a kinship that prohibits marriage, marriage that suffers from a disease that prohibits marriage, and marriage that has not reached the legal age of marriage. An invalid marriage is an illegal marriage, and of course it does not take effect from beginning to end, and there is no relationship of rights and obligations between the parties in terms of the person and property of the husband and wife.
Property acquired during the period of cohabitation shall be disposed of as joint ownership unless there is evidence proving that it is owned by one of the parties.
Article 10 of the Interpretation (II) of the Marriage Law stipulates that: "Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that the following circumstances apply: (1) the parties have not gone through the marriage registration formalities; (2) The parties have gone through marriage registration formalities but do not live together; (3) Payments made before marriage and causing hardship to the payor.
The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties. ”
As for the depression that the woman suffers from, which does not fall within the scope of the statutory prohibition on marriage or the category of 'manic-depressive psychosis', you can consult a professional for advice. In addition, it is advisable to think carefully about marital issues and not to make mistakes on the spur of the moment. Frustrations and conflicts are inevitable, and even if this marriage is ended, then the next one will appear.
Existence is reasonable, since marriage is a fact, then there must be something worth cherishing, don't easily deny your original vision!
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The house is yours, the car is yours, the bride price is not ok
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Ask a lawyer or give it less, it's only 1 month.
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You should go to a law firm for help in this matter, and it won't take much money.
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If the woman files for divorce after one month of marriage, the two parties can only divide the joint property of the husband and wife, and first negotiate to decide the method of property division, and if the negotiation fails, they may request the court to make a judgment. If there is no special agreement, the salary income and bonuses during the marriage shall be regarded as the joint property of the husband and wife.
Article 1087 of the Civil Code.
In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
Article 1062.
The following property acquired by the husband and wife during the marriage relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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For many families, I believe there will be some confusion like this. Because once two people divorce, they will face a lot of property problems, but the property problem must be dealt with, and never wait for the matter to pass before it is resolved, otherwise it will be more troublesome, and even the other party is unwilling to admit it.
1. Questions about children
As a woman, when we divide the man's property, we must consider many aspects, especially our children, absolutely do not hurt the children because of the divorce of the two people, let alone let the children not even have the most basic protection because of the property, Sonatan thought that in the process of our negotiations, if the man has custody of the child, then when we divide the man's property, it is enough to choose 1 3 property, and the remaining 2 3 will be left to their own children, In this way, our own hearts will feel much better.
Second, the amount of income
Although the woman does not work after marriage, it does not mean that the woman will not choose to go to work for the rest of her life, because once the two people are separated, many things need to be done by themselves, rather than choosing to rely on any person, so even after the divorce, even if the man does not take out any penny, we should have the ability to live, so as to be able to stand firm. And once the husband and wife get married, the property will belong to the joint property of the husband and wife, whether it is the woman's property or the man's property, it should be divided fairly, rather than making things big for the sake of a little immediate benefit, and finally the two people break up unhappily.
All in all, no matter which lifestyle we choose, we have to pay for our choices and stick to our original intentions so that we can become better versions of ourselves. Because we don't want to live for others, but constantly build up our self-confidence, so that we can have a strong heart, so that even when we encounter a low period, we can calmly deal with it.
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Hello, during the marriage, you can agree in writing on the ownership of the property acquired during the marriage and the property before the marriage.
In the event of a divorce, if you choose to divorce by agreement, the division of property can be determined through negotiation. If you choose to divorce by litigation, there is an agreement on the division of your property according to the agreed method; If there is no agreement, the property acquired during the existence of the marital relationship is generally the joint property of the husband and wife. In judicial practice, when dividing a divorce, factors such as the size of the contribution of both parties, the length of the marriage, and the fault of both parties will be taken into account when dividing the divorce.
Article 1065 A man and a woman may agree that property acquired during marriage and property before marriage shall be owned separately or jointly or partly separately and partly jointly. The agreement shall be in writing. Where there is no agreement or the agreement is not clear, the provisions of articles 1062 and 1063 of this Law apply.
Article 1062: The following property acquired by the husband and wife during the period of the repentant marriage shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife:
1) Wages, bonuses, and remuneration for labor services;
2) Income from production, operation and investment;
3) income from intellectual property rights;
4) Inherited or donated property from Ladong, except as provided for in Item 3 of Article 163 of this Law;
5) Other property that shall be jointly owned.
Husband and wife have equal rights to dispose of joint property.
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According to the provisions of our law, the income of both spouses after marriage shall be jointly owned by both spouses. Although she was frankly sold, the woman did not work after marriage and undertook the main housework. After marriage, the property is still wild and half of the woman's spine is teased.
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The personal income of both parties after marriage is the joint property of the husband and wife, and the joint property after marriage can be claimed in the event of divorce.
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As long as it is during the marriage, the income of both parties is joint income. It should be distributed in half proportions.
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If the property is not divided after marriage, it may be requested to divide the joint property of the husband and wife by means of a lawsuit, and to determine whether the relationship between the husband and wife has indeed broken down, a comprehensive analysis shall be made from aspects such as the basis of the marriage, the relationship after marriage, the reasons for divorce, the current state of the relationship between the husband and wife, and whether there is a possibility of reconciliation. According to the relevant provisions and the practical experience of adjudication, in any of the following circumstances, it is deemed that the relationship between husband and wife has truly broken down. If one party insists on requesting a divorce, and mediation fails, a judgment may grant the divorce in accordance with the law.
1. What is the spine of the divorce provisions?
1. One party suffers from a disease that prohibits marriage by law, or one party has a physical defect, or is unable to have sex for other reasons, and it is difficult to have sex.
2. Lack of understanding before marriage, hasty marriage, failure to establish husband and wife feelings after marriage, and difficulty in living together.
3. Concealing mental illness before marriage and not being cured after marriage, or marrying the other party before marriage knowing that the other party is mentally ill, or one party suffering from mental illness during the period of life together with the husband and wife, which cannot be cured for a long time.
4. One party deceives the other party, or deceives the marriage certificate when registering the marriage.
5. After the two parties have registered their marriage, they have not lived together and there is no possibility of reconciliation.
6. Arranged or bought marriages, one party files for divorce immediately after marriage, or has lived together for many years, but has not established a relationship between husband and wife.
7. Those who have been separated for 2 years due to emotional discord and there is no possibility of reconciliation, or who have been separated for 1 year after being divorced by a people's court judgment, and do not perform their obligations as husband and wife.
8. Where one party commits adultery with another person or cohabits with another person, and there is still no repentance after education, and the party who is not at fault sues for divorce, or the party at fault sues for divorce, and the other party does not agree to the divorce, and after criticism and education, punishment, or after the people's court decides that the divorce is not allowed, the party at fault sues for divorce, and there is indeed no possibility of reconciliation.
9. One party is bigamy and the other party files for divorce.
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How property is distributed without marriage and living together:
Where they lived together before February 1, the two parties are to negotiate and divide it in accordance with the divorce, and if the negotiation fails, the people's court is to make a judgment on the division;
Where they live together after February 1 of the same year, they are to be divided according to common property.
[Legal basis].
Article 7 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.
Where a man and a woman who have not completed marriage registration in accordance with Article 1049 of the Civil Code and live together in the name of husband and wife, and file a lawsuit for divorce, they shall be treated differently:
1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both a man and a woman have met the substantive requirements for marriage, it shall be handled as a de facto marriage.
2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, if both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to reapply for marriage registration. Where marriage registration has not been completed, it is to be handled in accordance with article 3 of this interpretation.
Article 22.
In the case of a marriage that has been confirmed to be invalid or annulled, the property acquired by the parties during the period of cohabitation shall be treated as joint ownership, unless there is evidence to prove that it is owned by one of the parties.
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1. In the case of divorce, the joint property of the husband and wife shall be divided equally, and it has nothing to do with whether there is a job or not. Although the woman does not work, her income after marriage belongs to the joint property of the husband and wife, so she can share the property in the event of divorce. In the process of divorce between the parties, it should be carried out in accordance with the principle of joint property judgment distribution.
According to Article 17 of the Marriage Law, the following property obtained by the husband and wife during the existence of the marriage relationship shall be jointly owned by the husband and wife: (1) wages and bonuses; (2) The income of production and operation; (3) income from intellectual property rights; (4) Property acquired by inheritance or donation, except as provided for in Paragraph 3 of Article 18 of this Law; (5) Other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.
2. In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husbands and wives in the contracting and operation of family land shall be protected in accordance with law. Where the husband and wife agree in writing that the property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.
The main thing is to look at the reason why the other party asks for divorce, if the other party is just looking for an excuse to divorce, it is tantamount to cheating on marriage and money, the bride price must be returned, if the other party feels that the two people are not compatible with you for a month and ask for a divorce, then the other party will take the initiative to return the bride price, but may only return part of it to you.
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