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1. On the conditions for divorce.
According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.
2. About child support and child support.
For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.
3. On the division of common property.
The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.
4. About the divorce procedure, required documents and fees.
In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.
If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".
Ten years of repairing can be crossed by the same boat, and a hundred years of repair can be repaired to sleep together.
Marriage is a major event, and you need to be cautious about divorce!!
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The children will be able to talk about marriage soon, why are you still divorced? Even if you don't want to think about it, you have to think about the child, and it will be a problem for the child to engage in the future object.
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Wait until your child gets married!
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If the child has reached the age of 18, the divorce agreement does not need to stipulate the custody of the child, and the divorce agreement reads as follows:
1. The name, gender, ethnicity, ID number, address, and ** on the ID card of both divorced men and women;
2. Description of the legality of the divorce and the reasons for the divorce;
3. Expressing the intention of both men and women to divorce voluntarily;
4. Representation of the division of the joint property of the husband and wife;
5. Indication of the treatment of joint debts of husband and wife.
Custody refers to a personal right of a parent over his or her child. Parents have a duty to upbring, educate and protect their minor children. The maintenance of minor children by parents is unconditional, unless otherwise provided for by law.
Husband and wife equally enjoy the right to raise, educate and protect their minor children, and jointly bear the obligation to raise, educate and protect their minor children. 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.
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 office. The divorce agreement shall clearly state the parties' intention to divorce voluntarily and the opinions reached through consultation on matters such as child support, property, and debt handling.
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According to paragraph 3 of Article 11 of the Marriage Registration Regulations, the divorce agreement shall contain the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property and debt disposal.
It can be seen that when the child is 18 years old and the parents agree to divorce, when signing the divorce agreement, the issue of child support can not be written.
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When the son is 20 years old, the way to write the divorce agreement is: 1. Write the name, occupation and other identity information of the husband and wife; 2. Clearly state the facts and reasons for the divorce by mutual agreement between the husband and wife; 3. Clearly state the intention of both parties to divorce voluntarily and the consensus on matters such as property, debt disposal and quarrels.
[Legal basis].
Article 1076 of the Civil Code provides that if 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' intention to divorce voluntarily and the opinions of the attendants on matters such as child support, property, and debt handling.
Sample divorce agreement.
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