What are the effects of a fake divorce? What should I do if there is a property dispute after a fake

In response to this problem, the first thing to establish is that there is no fake divorce in the world, only the application for real divorce procedures is also a real divorce, so the divorced property is of course resolved in accordance with all normal divorce property division standards.

The so-called fake divorce is just that the two parties negotiate to divorce first for a certain reason, and then remarry after a certain category of land. However, it is important to know that once you have applied for divorce, it does not matter what the reason for your divorce is. Whether you really want to divorce for the purpose of divorce, or for other purposes, you only need to apply for divorce procedures, it is really divorced, if the other party repents the contract and does not want to remarry, you also have no choice.

Therefore, divorced property should be resolved in accordance with the normal standard of divorce property division, as long as the assets after marriage have the right to be divided, naturally, the parties can negotiate and promise to do so. If a fake divorce becomes a real divorce, the solution to the asset problem is to dispose of it in accordance with the laws and regulations on the division of divorce property in accordance with the latest marriage law, and the general principle is that the joint property of the husband and wife is equally divided.

First of all, if a fake divorce becomes a real divorce, you have to solve the asset problem, it must be a fake divorce, the assets have not been reasonably resolved, then, there is a time problem to pay special attention to, that is, you must file a lawsuit with the type court within one year from the day after the divorce judgment takes effect or the day after you receive the divorce certificate, stipulating that the joint property of the husband and wife that has not been divided will be divided. In other words, no matter what circumstances have caused you to be delayed, and you have not filed a lawsuit within one year, then you will file a lawsuit again.

Article 31 requires both parties to divorce voluntarily, and to allow divorce, each party must go to the Civil Affairs Bureau. File for divorce. When the administrative organ of the Civil Affairs Bureau ascertains that each other is indeed on their own and has appropriately resolved the problems of children and assets, it will send a divorce certificate.

Therefore, according to the laws and regulations, they divorced each other voluntarily. Applying for divorce at the Civil Affairs Bureau and receiving a divorce certificate, which belongs to the divorce in the legal sense, both eliminate the relationship between husband and wife, and cause legal recognition in a timely manner, and each other is not a couple in the legal sense. How to evaluate each other's assets.

According to the feelings of the husband and wife, it shall be declared expunct at the time of divorce. After the divorce, the income from each other is vested in the property. Before the divorce, the joint property of the husband and wife shall be followed.

The division of the property is clearly divided between the mutual commitments made at the time of divorce registration or by submitting the agreement on the division of property to the administrative organ of marriage registration.

A fake divorce has no way to divide property, which is a blasphemy against the law; In the event of a property dispute, the two parties may negotiate, and if the negotiation is unsuccessful, a lawsuit shall be filed with the people's court.

It will hurt the feelings of two people, and it will also fake it, there will be property disputes, if there is a dispute, the fake divorce will become real, and the two parties will go to court.

There may be some rift between you that will eventually affect your relationship. The judgment must be based on the division of property after the divorce.

Legal analysis: 1. After handling a fake divorce, the husband and wife do not live together. In this case, the handling party in the event of a property dispute is as follows:

First of all, if the divorce has been registered, the divorce property division agreement has already taken effect, unless there are fraud, coercion and other circumstances, and the property cannot be re-divided after the divorce agreement takes effect.

2. After the fake divorce, the husband and wife are still living together and living together. After the fake divorce is handled, as in the above situation, the divorce property division agreement negotiated by the husband and wife has taken effect, and the property cannot be re-divided unless there is fraud or coercion. However, since the husband and wife still live together after divorce and form a cohabitation relationship, in the event of a dispute over the division of property, in accordance with the provisions of the judicial interpretation of the Marriage Law, the property obtained from cohabitation shall be divided according to the general common property, that is, if the conditions are the same, it shall be divided equally.

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. Sooner or later hail.

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 the 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.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087: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 is to 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 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.

There is no fake divorce, if you go to the Civil Affairs Bureau to handle the divorce, it is a real divorce.

Combined with the above case, we know that the risk of "fake divorce" is very high, and if it is not handled well, it is likely that both people and money will be lost.

For such cases, how to deal with property disputes in erections?

1) After going through the "fake divorce", the two parties live separately.

In this case, the property dispute is relatively advantageous, and once the husband and wife reach a consensus and go through the divorce registration, it will have legal effect.

The content of the divorce agreement on the division of property takes effect, and the property cannot be redivided unless there are circumstances such as fraud or coercion.

2) After the "fake divorce" is handled, the parties are still living together.

After the "sham divorce", the husband and wife still live together, that is, a cohabitation relationship is formed, and it is inevitable that the property will be mixed together.

In the event of a property dispute, the court will usually consider the property acquired by the parties during the period of cohabitation as joint property in combination with the relevant provisions of the law and judicial interpretations.

In the event that the parties are unable to agree on the division of property, the court will comprehensively consider the specific circumstances of both parties and divide the property in accordance with the principle of taking care of the interests of the children, the woman and the innocent party.

At the same time, it is also hoped that both husband and wife can take a cautious view of the issue of "fake divorce", and the legal risks during it may be more complex than imagined.

1. Relevant provisions on the division of property in illegal cohabitation.

With the development of society, economic changes, and changes in moral consciousness, the phenomenon of illegal cohabitation is more common. Illegal cohabitation often leads to property disputes, because during the period of cohabitation, the man and the woman are likely to have to pay unilaterally for the convenience of life, or both parties jointly contribute to the purchase of some necessities, including houses and cars. Once the relationship between the two parties has changed, the question of how to divide these assets becomes a very stinging one.

However, the treatment of property during cohabitation is not exactly the same as that of marital property. Although the property acquired during the period of illegal cohabitation is treated as joint property, it is not subject to the provisions of the Civil Code, but in principle is distributed according to the principle of equal division and according to the contribution of each party to the property.

When an illegal cohabitation relationship is dissolved, the income and property acquired jointly by both parties during the period of cohabitation shall be treated in accordance with the provisions on general common property, and the houses, decorations, furniture and other property purchased by both parties during the period of cohabitation shall be treated as ordinary common property. Since the parties to cohabitation have not registered their marriage and the parties have not formed a legal relationship of husband and wife, the provisions of the Civil Code cannot be applied to the division of property during the period of cohabitation, but the provisions of the Civil Code and other laws on the disposal of common property should be applied.

When the joint ownership relationship is terminated, if there is an agreement on the division of the common property, it shall be handled in accordance with the agreement; Where there is no agreement, it shall be handled in accordance with the principle of equal distribution, and consideration shall be given to the extent of the co-owners' contribution to the common property, and appropriate consideration shall be given to the actual needs of the co-owners in their production and life. However, the division of the joint property of the husband and wife shall be handled in accordance with the relevant provisions of the Civil Code, and where there is no agreement, it shall be handled in equal proportions, and the actual needs of the co-owners in production and life shall be properly taken into account.

Once the parties to a "sham divorce" receive the divorce certificate, their marriage will be dissolved, and the parties will no longer be legally husband and wife, and there will no longer be a relationship of rights and obligations between husband and wife, and both parties will obtain the right to remarry. Because the registration of marriage has the effect of publicity, regardless of whether the divorce registration is voluntary or whether there is a real intention to divorce and pretend to be a relative, the divorce is valid.

Legal basis] Article 1078 of the Civil Code of the People's Republic of China and the People's Republic of China, if the marriage registration authority ascertains that the parties are indeed voluntarily divorced and have reached a consensus on matters such as child support, property and debt handling, it shall be registered and a divorce certificate shall be issued.

Legal analysis: Once the parties to a "sham divorce" receive the divorce certificate, their marriage will be dissolved, the two parties will no longer be legally husband and wife, and there will no longer be a relationship of rights and obligations between husband and wife, and both parties will obtain the right to remarry. Because the act of registration of marriage has the effect of publicity, regardless of whether the divorce registration is voluntary and whether there is a real intention to divorce, the act of divorce is valid.

Legal basis: Article 1078 of the People's Republic of China and the Civil Code: If the marriage registration authorities find that the parties have indeed divorced voluntarily and have quietly reached a consensus on matters such as child support, property, and debt handling, they shall register and issue a divorce certificate.