What is it like to talk about a fake divorce?

Now I have an 8-year-old son with me, but my husband is unwilling to give me a part of the house, but the real estate certificate still has my name, can I still get half of the house back when the state comes to expropriate it.

Could it be that the wife you think is impossible is the leader behind the problem, common sense says that if a woman is satisfied, she will rely more on marriage than a man, don't they worry at all that you will fake it, you are a real outsider in this competition.

"Chinese-style sham divorce" refers to the fact that both husband and wife agree to go through the divorce procedures in order to meet the needs of one or both parties, and at the same time agree to go through the remarriage procedures after the purpose is achieved.

He didn't really want to divorce you, so he signed that agreement. Now you think that all the conditions are okay, and you really want to get divorced, which is deception to him. Why don't you just file for divorce when you feel that this marriage is not interesting?

This kind of divorce, which starts with deception, will only continue to be disputed.

My husband said that he wanted to fake a divorce from me in order for him to get a white card abroad? Is there a difference between a fake divorce that has been dissolved and a real divorce? If you can ask for a fake divorce for a little profit, is such a marriage already doubtful?

If a man who cherishes this marriage will take a fake divorce for a little profit? I don't know what the future holds, let alone whether it will come true, but my husband's thoughts have made me doubt the strength of our marriage.

From the standpoint of outsiders, if you don't have children, you want to open up, anyone can live without it, all pain is short-lived, love is together, if you don't love, you will separate, don't have any fake divorce.

If you only speak to the outside world and do not go through the divorce procedures, then everyone just thinks that you are divorced, which has no legal effect, and your marriage relationship still legally exists; But if you really go to the civil affairs department to go through the divorce procedures, then legally you are already two natural persons who have nothing to do with each other, and you can no longer exercise the rights and obligations of husband and wife.

The emergence of the phenomenon of "Chinese-style fake divorce" has brought multiple hidden dangers. Zhejiang lawyer Yan Yezhou believes that if the husband and wife themselves have a good relationship, the problem of "fake divorce" may not be exposed immediately, but if there are factors such as accumulated grievances or the other party's differences, "fake divorce" will lay a hidden danger for the outbreak of conflicts in the future. In addition, there may be legal hidden dangers in obtaining benefits from a fake divorce.

It's better not to fake a divorce.

In addition to facing the risk of making a fake come true and emptying both people and money, a fake divorce also faces risks in terms of law and property. In order to eliminate the records of real estate and property, the two parties often agree to transfer the real estate and money to one party when they are in a fake divorce, and if the fake divorce becomes true, one party will suffer losses.

Definitely for something. Feels immoral. For their own selfish gain.

I didn't get divorced, but I should have been disappointed and didn't want to continue pestering.

Aji asked for a "fake divorce" from his wife Xiaoyu on the grounds that he had debts and didn't want to affect the family, so that Xiaoyu could avoid this debt pressure. Xiaoyu thought that Aji was thinking about herself, so she was moved to agree, so the two went through the divorce procedures, and then Aji moved out to hide the debt. Not long after, Xiaoyu suddenly received a legal ruling from the court to add her as the person subject to execution, and she was a little inexplicable because she didn't know much about the law.

Xiaoyu thought to herself: I have divorced Aji, why does the court still want me to pay back the money he borrowed? For this reason, with a stomach full of questions and dissatisfaction, she took the ruling to the judge in charge of the Gulou Court Executive Bureau and asked for an explanation.

The judge told her that although you and Aggie were divorced and Aggie remarried another person after the divorce, the debt owed by Aggie was owed by you during the relationship between husband and wife, so it should be repaid together. Xiaoyu was shocked to learn the news, the "fake divorce" that was negotiated at the beginning turned out to be a scene created by Aji, under the guise of avoiding responsibility for arrears, leaving the original partner to marry a new love.

After confirming that Aji married a post-90s girl after divorcing him, the sad and angry Xiaoyu weighed it, and after repeated persuasion and enlightenment by the judge, he finally decided to cooperate with the court to find Aji, and after obtaining clues, the executive judge took the bailiff to forcibly bring Aji back to the court. How do you know your husband isn't lying to you?

Legal Analysis: Although the procedures for divorce are fulfilled, the conditions for divorce are lacking. Therefore, the following two situations should be distinguished for the validity of a sham divorce:

1. If none of the parties to a false divorce is married to a third party, the divorce may be declared invalid. In order to protect the freedom of marriage to the greatest extent and respect the personal freedom and privacy of the parties, the punishment for false divorces has been abolished in administrative procedures, and the marriage registration authorities have no longer exercised the right to revoke false divorce registrations. Therefore, if a false divorce is handled through the marriage registration authority, it is impossible to obtain remedies in the marital relationship, and the consequences arising therefrom should be borne by the parties.

2. If one or both of the parties to a false 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 false divorce to request that the false divorce be declared invalid shall be extinguished, and the original false divorce shall take legal effect.

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 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.

False divorce mostly refers to the expression of intent of divorce made by one or both spouses due to the conspiracy or fraud of the other party without the true intention of divorce, generally including conspiracy divorce or fraudulent divorce. However, the law does not have this concept, as long as the two parties agree to dissolve the marriage relationship under voluntary equality, it is already a divorce, and there is no such thing as a fake divorce.

Article 1076 of the Civil Code stipulates that if a husband and wife voluntarily divorce each other, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. 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.