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If it is true that a major illness is concealed before marriage.
You can apply for annulment of the marriage and claim compensation.
Civil Code of the People's Republic of China.
Article 1053 stipulates that if one party suffers from a serious illness, he or she shall truthfully inform the other party before the marriage is registered, and if he or she does not truthfully inform him, the other party may apply to the people's court for the annulment of the marriage. A request for annulment of marriage shall be made within one year from the date on which the reasons for revocation are known or should have been known. Article 1054 of the Civil Code of the People's Republic of China stipulates that if a marriage is invalid or annulled, the innocent party has the right to claim damages.
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In the case of the woman's illness, the divorce cannot be filed, and it can be considered after the condition is stable. But it's not good, it's too ruthless.
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If you really love the other person, you will not file for divorce with the other person because they have kidney disease, and the more you are by the other person's side, the more you have to stand the test.
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Can a woman file for divorce if she has kidney disease? I think that under normal circumstances, if the woman has kidney disease, don't file for divorce, the other party is sick and should see a doctor.
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China's Civil Code stipulates: "Husband and wife shall be faithful to each other, respect each other, and care for each other; Family members shall respect the elderly, love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations. "If one party suffers from a serious illness, he or she shall truthfully inform the other party before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage. “
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If one of the spouses is sick after marriage, they cannot be divorced!
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You are not a charcoal in the snow but a stone, the other party has kidney disease, can't you treat it correctly and accompany him well for a lifetime? Why file for divorce? Of course, if it affects your married life, then mention it.
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There are problems in life. You can't take divorce as a treat, if there is a problem, can you solve it? You can't always talk about divorce.
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When there are difficulties in life, the couple has to face them together.
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This is naturally possible, but it depends on whether the other party agrees.
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Legal analysis: It must be made clear that in the process of divorce, if the parties are involved in compensation, one party must be at fault for the divorce, and the divorce damages proposed by the non-fault party. In this case, the wife filed for divorce because of her right of free choice, not her fault.
Then there is no compensation.
Legal basis: Article 10, Paragraph 3 of the Interpretation of the Marriage Law of the People's Republic of China The judgment on the return of the bride price shall be premised on the fact that the payer has difficulties in life due to the payment of the bride price. Hardship refers to the inability to maintain a basic standard of living in the local area by relying on personal property and property distributed at the time of divorce, which is an absolute hardship.
The following factors should be taken into account when there are real hardships:
1) The payer borrows debts jointly for the purpose of entering into a marriage, resulting in a large number of debts for the family;
2) family members have no regular income;
3) Serious illness in a family member;
4) Other emergencies that cause difficulties in family life;
According to the principle of allocation of the burden of proof, the payer bears the burden of proof for the cause of his or her own hardship.
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Legal Analysis: The fact that one party has kidney disease does not affect the court's decision on divorce. The judicial interpretation only has special provisions on divorce where one of the parties to the marriage suffers from mental illness.
Legal basis: "Several Specific Opinions on How People's Courts Determine that the Relationship between Husband and Wife Has Truly Broken Down in Trial of Divorce Cases" Article 3: Where one party conceals a mental illness before marriage and cannot be cured for a long time after marriage, or marries the other party before marriage knowing that the other party is mentally ill, or one party suffers from mental illness during the period of living together and does not heal for a long time, it is deemed that the relationship between husband and wife has truly broken down. If one party insists on a divorce and mediation fails, the divorce may be granted after arranging the patient's life, medical treatment, and guardianship issues.
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The divorced property of the woman with severe kidney disease generally needs to be divided by agreement between the husband and wife; If the agreement is not reached, a lawsuit may be filed with the people's court for division. The division of property in a divorce where the woman has kidney disease will have a certain impact, because when the property is divided in litigation, the people's court will make a judgment according to the specific circumstances of the property of the husband and wife, and in accordance with the principle of taking care of the children, the woman and the innocent party. That is, the sick parent may be given appropriate care.
Legal basisArticle 1087 of the Civil Code of the People's Republic of China.
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 shall 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 party who is not at fault.
The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
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