Ask a question about the divorce settlement, what are the problems with the divorce settlement?

Updated on society 2024-07-14
8 answers
  1. Anonymous users2024-02-12

    1. In accordance with Article 21 of the Marriage Law:

    Parents have the obligation to raise and educate their children; Children have an obligation to support their parents.

    If the parents fail to fulfill the obligation to support them, the child who is a minor or who is unable to live independently has the right to demand maintenance from the parents. In the event that a child fails to fulfill his or her maintenance obligations, the parent who is unable to work or who is in difficulty in living has the right to demand maintenance from the child.

    Article 36: The relationship between parents and children shall not be extinguished by the divorce of parents. After divorce, the child remains the child of both parents, regardless of whether they are raised directly by the parent or the parent. After divorce, parents still have the right and obligation to raise and educate their children.

    It is not difficult to see that the payment of alimony is an obligation under the law, and the woman should fulfill it even if there is no article 1 of the agreement. At the same time, there are also relevant provisions on the determination of the amount of child support: the relevant provisions of the "Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts":

    The amount of child support may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality. For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income. Where two or more children are responsible for raising expenses, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.

    If there is no fixed income, the amount of child support may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions. If there are special circumstances, the above proportion may be appropriately increased or decreased.

    As for the determination of the amount of alimony in the agreement you mentioned, I can't conclude whether it is reasonable here because I don't know the actual situation.

    2. The second item of the agreement should be no problem if it is reached on an equal and voluntary basis by both parties.

    Third, that is, the problem mentioned by a friend earlier, the payment method and delivery time are not clear and need to be clarified.

    Fourth, adults divorce and children are always the most hurt, according to your description, the two parties also made a fuss for a long time before they got divorced. As a word of advice, if you think about the child more, when the adults are there to break up and quarrel for the money, the child is very helpless, and may have to carry the shadow for the rest of his life. Since you are raising the child, bear with it if you can bear it when the other party makes trouble, don't be angry with the child.

  2. Anonymous users2024-02-11

    1.Since they are all paid in a lump sum, it depends on what you mean that the alimony she pays is offset by your compensation costs.

    2.You agreed that she would not pay for child support, and now it is still like this, and you are not fooled.

    3.Although the law stipulates that both men and women must pay child support, you can respect both of your opinions after you have negotiated a settlement.

    4.As for the child's household registration issue, I think that the tiger will not eat the child, no matter what, she will also work hard in the good side of the child, right? If one day she really doesn't do it, you can take out the agreement and sue her for performance.

  3. Anonymous users2024-02-10

    The first two clauses may deal with the issue of the timing of the payment and whether it will be paid in a lump sum. This could give rise to litigation.

    Article 3, I want to say that hukou is not a problem, feelings are the core.

  4. Anonymous users2024-02-09

    Frequently asked questions in divorce settlements are:

    1. The content of the divorce agreement is too simple and not operable;

    2. If the house of both parties is purchased with a mortgage, and the two parties reach a divorce agreement on the division of the property and change the main lender, the bank will generally agree;

    3. Some general clauses of the divorce agreement are too broad and may harm the weaker party.

    [Legal basis].Article 1076 of the Civil Code of the People's Republic of China.

    Where the 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.

  5. Anonymous users2024-02-08

    1. Whether the second son is an adult, if he is an adult, there is no need to agree;

    2. Whether you need to write it in, or whether you need to write the amount or not, depends on your own needs, and the law will not force the need or need. If one party fails to perform, he or she may file a lawsuit, and the legal basis is Interpretation II of the Marriage Law: Article 8 The clause on the division of property in the divorce agreement or the agreement reached by the parties on the division of property as a result of divorce shall be legally binding on both the man and the woman.

    Where a dispute arises between the parties arising from the performance of the above-mentioned property division agreement, the people's court shall accept it.

    3. The property can also be written into the agreement, or you can go to the Land Bureau to consult the transfer and ask about the procedures and fees.

  6. Anonymous users2024-02-07

    If the child is an adult, the parents have no obligation to support them, so there is no need to mention the child's affairs in the agreement, and if you want to agree on the same financial support for the second son, then the other party can regret it in the future.

    The house in the hometown is already in the name of the man's father, so only if it is proved that it was built with the funds of both parties, can it be divided or something. Otherwise, it is necessary to go through the procedures for changing the land use certificate.

  7. Anonymous users2024-02-06

    That's a lot of points

    1.Children who are adults are not allowed to write about their children, but minors are required to write them.

    2.Parents give their children support out of affection rather than obligation, and even if they write it, they are not legally responsible.

    3.The property in the hometown is written on the divorce agreement, and the woman can go through the transfer procedures with the agreement.

  8. Anonymous users2024-02-05

    If you are already an adult, you can do without an agreement.

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