Divorce, was I deceived into getting married, and how to divorce after being deceived into marriage

The current Marriage Law and its judicial interpretations provide different systems for handling disputes arising from different forms of marriage, namely, the system of declaration of invalid marriage, the system of revocation of coerced marriage, and the system of divorce of legal marriage. Based on the characterization that fraudulent marriage is a legal marriage, it can only be dealt with within the framework of the current Marriage Law and its judicial interpretations, and can only be dealt with through divorce. The bride price should be refunded in the following circumstances:

The parties have not gone through the marriage registration formalities; The parties have gone through marriage registration formalities but do not live together; Payments made before marriage and cause hardship to the payer. In short, the characterization of fraudulent marriage in this case within the framework of the current Marriage Law and its judicial interpretations is contrary to common sense. It is difficult to apply the most appropriate rules when dealing with disputes arising from fraudulent marriages, and the outcome will be obviously unfair. The above is about how to correctly understand marriage fraud and how to deal with marriage fraud in practice, I hope to help you solve your problem.

For disputes arising from marriage issues in judicial practice, if it is necessary to go through litigation procedures, it is recommended that it is best to consult a relevant marriage expert lawyer in advance to avoid detours and better solve the problems you are facing. Legal basis: Article 32 of the Marriage Law of the People's Republic of China provides that if the relationship between husband and wife has indeed broken down, the divorce shall be granted after mediation is invalid.

As long as you are really married, the possibility of cheating marriage is relatively small, after all, people are not herbs, who can be ruthless, carefully consider the relationship between the two at the moment, communicate more, communicate more, and be able to grow old is also fate!

At present, China's laws do not have clear legal provisions on the illegal act of defrauding others of their property in the form of legal marriage, and the current laws and regulations and their judicial interpretations stipulate different systems for handling disputes arising from different forms of marriage, that is, the system of declaring invalid marriages, the system of revocable marriages under duress, and the system of divorce for legal marriages. Based on the characterization that fraudulent marriage is a legal marriage, it can only be dealt with within the framework of the current regulations and their judicial interpretations, and can only be dealt with through divorce. Article 1 of the Civil Code, Hu Xiaoqian and Seventy-nine, stipulates the conditions for the people's court to grant a divorce to the parties, that is, if the relationship between the husband and wife has indeed broken down, the divorce will be granted only after mediation is invalid.

It follows from this that the breakdown criterion is the only criterion for granting a divorce. In the case of marriage fraud, the deceiver has no relationship with the deceived person for the purpose of defrauding money, and there is no relationship at all. If the deceived person claims to return the property, how to apply the law.

According to Article 3 of the Marriage Law, it is forbidden to solicit property under the pretext of marriage. Article 10 of the Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates the system of returning the bride price paid in accordance with custom under the following circumstances: 1. The parties have not gone through the marriage registration formalities.

2. The two parties have gone through the marriage formalities but do not live together. 3. The payment is made before marriage and causes the payor to have difficulties in life. However, the first two items of fraudulent marriage are already a fait accompli, and if the deceived person cannot provide evidence for "his own difficulties in life due to payment", the litigation claim for the return of property will not be supported.

Legal analysis: Divorce registration shall be handled in accordance with the procedures of preliminary examination, acceptance, examination, registration (issuance).

1.The parties submit documents and supporting materials;

2.The marriage registrar checks the corresponding documents and supporting materials;

3.The registrar of marriages shall explain to the parties the status of the marriage law later than the conditions for registering the divorce;

4.The registrar of marriages asks the parties about their willingness to divorce and their wishes regarding the contents of the divorce agreement;

5.If both parties voluntarily divorce and reach a consensus on matters such as child support, property and debt handling, both parties shall fill out the Declaration of Application for Divorce Registration and sign it in front of the oath administerer.

6.Both spouses sign the divorce agreement in person; The Registrar of Marriages is the Commissioner of Oaths. One copy of the agreement for each spouse and one copy for filing at the Marriage Registry;

7.The marriage registrar shall review the documents submitted by the parties, the declaration of application for divorce registration, and the divorce agreement, and if the conditions for divorce are met, fill in the "Divorce Registration Review and Processing Form" and the divorce certificate;

8.Issuance of a divorce certificate.

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.

After the people's court has ruled that the divorce is not allowed, and the two sides have been separated for one year, and one party files a divorce lawsuit 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.