There are several diseases in the marriage law that cannot be divorced?

Updated on society 2024-06-17
4 answers
  1. Anonymous users2024-02-12

    Article 7 of the Marriage Law prohibits marriage under any of the following circumstances: 1. Immediate blood relatives and collateral blood relatives within three generations; 2. Suffering from a disease that is medically considered unsuitable for marriage.

    Article 8 of the Maternal and Infant Health Care Law provides that premarital medical examinations include examinations for the following diseases: (1) Serious hereditary diseases; (2) Designated infectious diseases; (3) Mental illness.

    The dissolution of marriage is premised on the existence of a lawful marital relationship. Divorce is the dissolution of a legally valid marriage, and both parties to the marriage must meet the substantive and procedural requirements of marriage. Where a man and a woman who do not meet the requirements for marriage request a "divorce" after being married, it is not to be handled as divorce.

    The dissolution of marriage shall comply with the statutory requirements and procedures for divorce. Divorce agreements reached between the parties to a marriage on their own, or divorce agreements reached under the auspices of the parties' units, mass organizations, residents' (villagers') committees, grassroots mediation organizations, and other relevant departments, do not produce the legal effect of divorce. The parties need to go through the divorce formalities in accordance with the legal procedures, otherwise the legal effect of the divorce will not occur.

  2. Anonymous users2024-02-11

    Legal Analysis: The Civil Code does not stipulate which illnesses cannot be divorced. In cases where divorce is not permitted, the law prohibits a man from filing for divorce during pregnancy, within one year after childbirth, or within six months of the termination of pregnancy.

    According to the law, a woman may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

    Legal basis: Article 1082 of the Civil Code The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

    Article 12 of the Regulations on Marriage Registration If the parties to the divorce registration have any of the following circumstances, the marriage registration authorities shall not accept the application:

    1) Failure to reach a divorce agreement;

    2) They are persons with no or limited capacity for civil conduct;

    3) The marriage registration was not done in Chinese mainland.

    Article 1079 of the Civil Code: 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.

    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.

  3. Anonymous users2024-02-10

    1. The court may grant a divorce if the woman is pregnant or breastfeeding, one party suffers from mental illness and cannot express her meaning correctly, and the relationship between the two parties has not completely broken down. According to the law, a man may not file for divorce during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy.

    2. Legal basis: Article 1082 of the Civil Code of the People's Republic of China.

    The man may not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy; However, this is not the case where the woman files for divorce or the people's court finds it truly necessary to accept the husband's request for divorce.

    Article 1084.

    The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are raised directly by the father or mother.

    After divorce, parents still have the right and obligation to raise, educate and protect their children.

    In the event of a divorce, children under the age of two shall be raised directly by their mothers. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child. Where children have reached the age of 8, their true wishes shall be respected.

    2. What materials are needed for divorce?

    The following documents are required to apply for divorce:

    1. ID cards and household registration books of both parties;

    2. Divorce agreement;

    3. Marriage certificate;

    4. The party's single person has recently been half-bareheaded**.

  4. Anonymous users2024-02-09

    1.Intellectual illness: Article 34 of the Marriage Law of the People's Republic of China stipulates that one party suffering from intellectual illness shall not divorce the other party.

    2.Mental illness: Article 34 of the Marriage Law of the People's Republic of China stipulates that a party suffering from mental illness may not divorce the other party with delay.

    3.Physical Disability: Article 34 of the Marriage Law of the People's Republic of China stipulates that a spouse with a physical disability shall not divorce the other spouse.

    4.Reproductive diseases: Article 34 of the Marriage Law of the People's Republic of China stipulates that one party suffering from reproductive diseases shall not divorce another party.

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