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Becoming a monk and divorce have nothing to do with each other.
If you want to become a monk, it doesn't matter if you get divorced or not.
But if you get a divorce, you also need the consent of the other party.
If the other party does not agree, you will not be able to get a divorce.
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You must divorce your wife before becoming a monk, otherwise you will be too ruthless, and the monks must be pure. If your wife supports you to become a monk and not divorce, it is okay, it depends on your wife.
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It should be handled. It is your right and freedom to become a monk, but you must not make your partner passive because of your actions!
If you become a monk and everything is done, but your spouse wants to remarry, and you don't go through the divorce procedures, the other party will not be able to apply for a marriage certificate.
Since you no longer care about the world, why should you cause trouble to others?
Therefore, it is better to go through the divorce procedures before leaving home.
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If you are sure that you want to do this, you can ask for the other party's opinion, and if you are sure that you can't live together, you should go through the formalities, give the other party freedom, and find a better life in the future, so that it will not delay him.
Now I just have such an idea, maybe we can still be together like this.
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I think it's better to get a divorce, after all, you are already married, you must have children or something, if you want to get married, it is best to negotiate with the people in the family, if they agree to divorce, and then go to the house, this is also considered responsible.
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Yes, even if you want to become a monk, you have to go through the divorce procedures first, because you can't delay your other half.
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In some formal jungles, it is necessary to get a divorce, and it will be very, very troublesome after not divorcing.
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For yourself. Also for each other. People who are married and want to become a monk. Divorce proceedings are required.
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What does it mean to be a representative of a monk? How is it related to the divorce procedures, do you never come back after you leave home?
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It's not you, it's whether the other party is still willing to have a marriage.
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Legal Analysis: If you are married, you need to go through divorce procedures.
Legal basis: Civil Code of the People's Republic of China
Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.
Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.
Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.
Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.
Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.
Article 1051 Marriage shall be null and void under any of the following circumstances:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
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Legal Analysis: Divorce is not possible, unless it is voluntary.
Legal basis: Article 1079: Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with 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) Gambling and drug abuse and other vices that have been repeatedly taught.
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.
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According to the Buddhist tradition and the current national policy, those who are planning to become a monk should properly handle family, finance, work and other related matters, such as completing the divorce formalities and having no financial problems left over from work, etc., and then apply to the temple for ordination, and undergo examination at the temple for one year, after which they will be allowed to be ordained.
1. Should the loan owed by the husband and wife in divorce be repaid together?
Divorced loans do not necessarily have to be repaid jointly. If the loan is a joint debt, both parties are liable to repay it; If the loan is incurred by one of the spouses in his or her own name during the marriage in excess of the daily needs of the family, the loan shall be recognized as a personal debt of one of the spouses and shall be repaid by the borrower alone in the event of divorce.
2. What should I do with the debts in the event of a divorce by agreement under the civil law?
Debts incurred by both husband and wife by agreement or by one party for the daily life of the family shall be found to be joint debts of the husband and wife and need to be borne jointly. During the existence of the marital relationship, the debts incurred by one party in excess of the daily life of the family are joint debts unless the creditor can prove that the debts are used for the common life of the husband and wife, joint production and operation, or the basic intention of the two parties is to express the common intention of the husband and wife. According to the relevant laws and regulations, debts incurred by both husband and wife in the joint signature of the husband and wife or a joint expression of intent such as the subsequent recognition of the husband and wife, as well as the debts incurred by one of the husband and wife in their own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.
Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.
3. How to bear the debts of one of the spouses after the divorce.
The debts of one of the spouses shall be borne in accordance with the specific circumstances after the divorce. Debts incurred by one of the husband and wife in his or her own name for the daily needs of the family shall be joint debts of the husband and wife, and after the divorce, they shall be jointly borne by the husband and wife, and the two parties must reach an agreement on the repayment of the debts, and if the agreement fails, the people's court shall make a judgment, and the debts shall be incurred in excess of the daily needs of the family, and shall be personal debts, and after the divorce, they shall be repaid by the individual, and the other party shall not bear the obligation to repay.
Article 1064 of the Civil Code of the People's Republic of China: Debts borne by the husband and wife jointly signed by the husband and wife or by one of the husband and wife after the fact, as well as debts incurred by one of the husband and wife in his or her own name for the daily needs of the family during the existence of the marital relationship, are joint debts of the husband and wife.
Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife.
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If you are married, you need to go through divorce procedures.
1. How to get a divorce if you have 2 children without a marriage certificate?
If there is no marriage certificate, the specific situation shall be analyzed on a case-by-case basis: (1) If the marriage certificate is lost, if the divorce and filial piety formalities are handled and the marriage registration needs to be reissued, both parties may apply to the original marriage registration authority for a replacement with their household registration booklet and citizen ID card. (2) Failure to obtain a marriage certificate.
According to the law, a couple who has not received a marriage certificate is not a legal husband and wife and cannot be divorced. Because since they are not legally husband and wife, they naturally do not need to go through the divorce procedure stipulated by law. If the property and children cannot be negotiated, they can sue the court.
2. The marriage certificate is invalid after the cancellation of the household registration.
If the resident ID card has been cancelled and the household registration information such as the ID card number has not been cancelled, the marriage certificate is still valid as long as the ID number is correct; If the resident ID card is cancelled and the ID card number corresponding to the early obscuration is also cancelled, then the marriage certificate issued by the ID card is invalid, and therefore the marriage certificate number has been invalidated. If a citizen has a household registration ID number and other information that has been cancelled, he needs to apply for a new ID card, and he needs to bring the relevant certificates, the original household registration books of both parties, the original ID cards of both parties and other materials to the relevant civil affairs department to apply for a change in the marriage certificate, the cancelled ID number is an invalid ID number, and the old marriage certificate is invalid.
3. How to divorce if the marriage certificate is lost.
If you are married but the marriage certificate is lost and you want to divorce, you need to first apply for a replacement with the original marriage registration authority or the marriage registration authority where one of the parties has a permanent residence with your household registration booklet and ID card, and then go through the divorce formalities; Or you can go to the marriage registration office to issue a certificate of marital status, and then go through the divorce procedures. If only one party's marriage certificate is lost, the other party's marriage certificate can be replaced and the divorce formalities can be completed.
Civil Code of the People's Republic of China
Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.
Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.
Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.
Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.
Article 1050:After the marriage is registered, the woman may become a member of the man's family and the man may become a member of the woman's family in accordance with the agreement between the man and the woman.
Article 1051 Marriage shall be null and void under any of the following circumstances:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
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Summary. Kiss! Hello!
It is generally not possible to divorce after leaving home. Legal Analysis: According to the Buddhist tradition and the current national policy, those who are planning to become a monk should properly handle family, economic, work and other related matters, such as:
After completing the divorce formalities and having no financial problems left over from work, you can then apply to the temple for ordination and undergo examination at the temple for one year, and then you will be allowed to become a monk.
Kiss! Hello! It is generally not possible to divorce after leaving home.
Legal Analysis: According to the Buddhist tradition and the current national policy of wild holding, those who are planning to become a monk should properly handle family, economic, work and other related matters, such as completing the divorce procedures, no remaining economic problems at work, etc., and then apply to the temple for ordination, and receive an examination at the temple for a period of one year, and then be allowed to be ordained.
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 agreement between the parties; If an agreement is not reached, the people's court shall make a judgment based on the specific circumstances of Caichai's birth and in accordance with the principle of taking care of the rights and interests of the child, the woman, and the innocent party. The rights and interests enjoyed by the husband or wife in the contracting and management of family land shall be protected in accordance with law.
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