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After all, you have been married for five years, if conditions permit, you can consider giving each other a little financial compensation. China's marriage law stipulates that if a husband and wife divorce, the property should also be half of the other party's. I hope you can resolve it peacefully.
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As long as the two of you don't have a relationship between husband and wife, let alone five years, even ten or eight years without any compensation, you two can only rely on the law to speak! You.
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There is no compensation fee for the divorce of the spouses. Unless you hurt the opponent. Pay the compensation fee of **.
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Hello, if the relationship between the husband and wife breaks down and divorces due to their own reasons, one of the spouses has the right to ask the other party for compensation due to the fact that he or she has a lot of burden to support the elderly or raise children. If it is not the above, it is not entitled to any compensation. If one of the spouses does not agree to the divorce, the other spouse has the right to file a divorce lawsuit with the court.
Therefore, in your case, if the other party has paid more for supporting the elderly or raising children during the marriage, you need to pay compensation accordingly. If you do not agree to the compensation, you can file a divorce lawsuit with the local court, and the people's court will grant a divorce.
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There is no fault under the law of the marriage and no compensation is required.
Marriage. Article 31: Where both men and women divorce voluntarily, the divorce is granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.
Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with 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 should be granted.
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Since my sister is married, the two of them will separate, then you have to compensate at least, which is understandable, whether you are your own reason, or the reason of both of you, if you are your own reason, you should give some compensation, if it is a two-sided reason, you can negotiate to solve the person's life when you meet the person you like, you should cherish it, since there is no more between you, intimate divorce is a natural thing. Since it's already a breakup, or you're already breaking up in your heart, then what do you think in your heart, if you want to give compensation, it's okay, if you don't want to, it's okay. Be. Tie the knot.
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After two years of marriage, what should I do if the other party wants compensation after two years of divorce, and in order for everything to go well, it is okay to give more or less compensation.
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Let's solve this problem through legal means. This is a question of property division. It doesn't matter who compensates whom.
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Generally, this situation occurs when the husband and wife sit down and communicate with each other seriously, although they do not live together, but the relationship between the husband and wife has not been dissolved, all the property belongs to the husband and wife, and the joint property has equal rights in accordance with the laws of the country.
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Two divorced persons can only divide the joint property of the husband and wife, and there is no question of compensation.
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You pay to evaluate things, there is no way.
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Legal Analysis: Separation is not a statutory condition for compensation. The statutory conditions for divorce compensation are:
1) One party has bigamy or cohabitation with others, commits domestic violence, or has acts of abuse or abandonment. (2) A person who has a spouse cohabits with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members.
Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with 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.
After the people's court has ruled that divorce is absolutely not permitted, and the parties have been separated for one year, and one party files a divorce lawsuit again, the divorce shall be granted.
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Summary. Hello dear <>
We're happy to answer your <>
The relationship between husband and wife is established through marriage registration and marriage ceremonies, and not by the time of cohabitation or separation. Therefore, even if you and your spouse have been separated for many years, you are still in a relationship unless you have officially divorced. If you want a divorce but your spouse does not agree, you can file for divorce through legal channels, and the court will hear and make a ruling in accordance with the relevant legal provisions.
I want to divorce and the other party doesn't agree, it's been many times, is it still a husband and wife after being separated for many years?
Hello dear <>
Very skinny, happy to answer your <>
The relationship between husband and wife is established through marriage registration and marriage ceremonies, and not by the time spent living together or sharing the old home. Therefore, even if you and your spouse have been separated for many years, you are still in a relationship unless you have officially divorced and been elevated. If you want a divorce but your spouse does not agree, you can file for divorce through legal channels, and the court will hear and make a ruling in accordance with the relevant legal provisions.
If your spouse quietly does not agree to the divorce, you can file for divorce in the following ways: 1. Through mediation: You can choose to apply to the local marriage and family mediation committee for mediation, and if the mediation is successful, both parties can reach an agreement and sign the divorce agreement.
2. Through litigation: a lawyer can be entrusted to file a lawsuit with the court, and the court will accept and hear the case in accordance with the law. If the court finds that your marriage can no longer be maintained, it will grant a divorce and draw up a divorce settlement.
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Summary. If your behavior is stable and continuous, cohabiting in the name of husband and wife, and the people around you also think that you are husband and wife, it is suspected of constituting the crime of bigamy.
Hello. If your behavior is stable and continuous, cohabiting in the name of husband and wife, and the people around you also think that you are husband and wife, it is suspected of constituting the crime of bigamy.
If it is done secretly, it does not constitute the crime of bigamy.
Although you don't have a banquet, but you openly live together in the name of husband and wife, it is suspected of constituting the crime of bigamy, please be careful!!
I want to consult, I didn't divorce my lover when I first got good, and then she wanted to move out, so she took the child and we lived together with Mo Zi for more than two years.
Dear, I'll make it clear to you earlier. If they openly cohabit in the name of husband and wife, they are suspected of constituting the crime of bigamy.
Article 58 of Article 58 of the Criminal Law [Crime of Bigamy] Whoever has a spouse and marries him, or who marries another person knowing that he has a spouse, shall be sentenced to fixed-term imprisonment of not more than two years or short-term detention.
Although you did not hold a banquet, but openly cohabited in the name of husband and wife, you are suspected of constituting the crime of bigamy! If the woman's husband goes to sue you, it will be troublesome.
It's just that the people around us know about it, but my family doesn't know, and that's it.
I'm afraid my wife will find out about the lawsuit.
She was divorced when we moved in together.
It's the same if you're not divorced.
I'm not divorced. If your wife sues you, you risk going to jail! It is recommended that you separate from the woman before you get divorced!
Both of you will be guilty of bigamy, not yourself!
You're so unkind, I really want to do it for that woman, you want to be like this, you shouldn't be good with her at first, you know no, what will people like you do in the future, I sincerely despise you.
The property acquired during the existence of the marital relationship shall belong to the joint property of the husband and wife, and both parties shall have equal rights to jointly dispose of the joint property. >>>More
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It's not worth it! You should be generous! Calm down before thinking about the child.