Knowledge about divorce 5, knowledge about divorce

She asks you for 1 million, if you don't have it, he just doesn't want to divorce you, if she is quite remorseful, for the sake of the children, it is better not to leave, after all, she has lived for so many years. In a world where he looks at how he treats the children, divorce is not your own business, and the most hurtful thing is the children. Or consider having a good talk with her.

According to Article 11 of the Judicial Interpretation (2) of the Marriage Law, during the existence of the marriage relationship, the following property belongs to the provisions of Article 17 of the Marriage Law"Other property that should be jointly owned"：

1) The income obtained by one party from the investment of personal property;

2) Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;

3) Pension insurance funds and bankruptcy resettlement compensation that both men and women have actually obtained or should have obtained.

Your stepmother's property should be considered joint property, and the husband and wife have equal rights to dispose of the jointly owned property.

Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:

1) Wages and bonuses;

2) the income from production and operation;

3) income from intellectual property rights;

4) Property obtained 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.

Marriage. Article 21: Parents have an obligation to raise and educate their children; Children have an obligation to support their parents.

If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents.

A lawsuit based on a breakdown of the relationship is only an equal division of the joint property (sometimes the party at fault does not receive half of the joint property).

If you are looking for evidence that the other party is at fault, you can directly go to the court to sue and demand that the other party pay for mental damages, and it is recommended to entrust a lawyer to handle it.

Legal analysis: The legal knowledge of divorce has the following two points: 1. The statutory divorce procedure only includes divorce by agreement and divorce by judgment, and there is no automatic divorce.

A person who has not completed the divorce procedure can no longer live with someone else in the name of the husband and wife, and even if he does not obtain a license, it may constitute the crime of bigamy; 2. Although the agreement on custody, creditor's rights and debts can reflect the free will of both parties, it cannot be in conflict with national laws. The two parties shall reach a written agreement on child custody, property distribution, debt distribution, etc., and submit the divorce procedures to the Civil Affairs Bureau for the record.

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 divorced orange marriage 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.

Legal Analysis: Regardless of who is responsible, the following types of property can only be attributed to the owner:1

The house that the man built on the homestead before the marriage, or the car and house he bought before the marriage. Commands 2The house built by the husband on the homestead before marriage.

3.Parental inheritance. 4.

The issue of dowry. In the following cases, the bride price must be returned, and if the parties have not completed the marriage registration procedures, the parties have gone through the marriage climbing procedures but have not lived together; The prenuptial bride price creates difficulties for the payer.

Legal basis: Article 1087 of the Civil Code of the People's Republic of China In the event of 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 shall make a judgment on the basis of the specific circumstances of the property and in accordance with the principles of taking care of the children, the woman's uproar, and the rights and interests of 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.