-
Article 5: Where a man and a woman who have not completed marriage registration in accordance with article 8 of the Marriage Law and live together in the name of husband and wife, and file a lawsuit with the people's court for divorce, they shall be treated differently:
1) Before the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman had met the substantive requirements for marriage, it was to be handled as a de facto marriage;
2) After the promulgation and implementation of the Ministry of Civil Affairs' "Regulations on the Administration of Marriage Registration" on February 1, 1994, where both the man and the woman meet the substantive requirements for marriage, the people's court shall inform them to make up the marriage registration before accepting the case; If the marriage registration is not completed, it shall be handled as the dissolution of the cohabitation relationship.
-
In accordance with the provisions of the latest marriage law.
-
Of course, it is the latest marriage law, and it is not a criminal offense!
-
The old Marriage Act applies to the relevant provisions of marriage registration. However, if the divorce is made after the implementation of the new Marriage Law, the new Marriage Law shall apply.
See the Marriage Act
Article 32: Where a man and a woman request a divorce, the relevant departments 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 should be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation of a person with a spouse;
2) Committing domestic violence or abusing or abandoning family members;
3) Those who have bad habits such as gambling and drug abuse that they do not change;
4) Separated for two years due to emotional discord;
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
-
Hello! This statement is inaccurate. According to the provisions of the current Marriage Law, the age requirement for marriage is: a man must be at least 22 years old; Females must be at least 20 years old.
Article 6 of the Marriage Law The age of marriage shall not be earlier than 22 years old for men and 20 years old for women. Late marriage and childbearing should be encouraged.
More detailed information could be provided to provide more accurate legal advice.
-
Article 17: The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife: (1) wages and bonuses, (2) income from production and business, (3) income from intellectual property rights, and (4) property obtained by inheritance or gift, except as provided for in paragraph 3 of article 18 of this Law, and (5) other property that shall be jointly owned. Husbands and wives have equal rights to dispose of jointly owned property.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife: (1) one party's premarital property, (2) medical expenses, living allowances for the disabled, and other expenses obtained by one party due to bodily injury, (3) property that is determined in the will or gift contract to belong only to the husband or wife, (4) daily necessities for the exclusive use of one party, and (5) other property that should belong to one party. Article 19: Husband and wife may agree that property acquired during the existence of the marital relationship and property before marriage shall be owned separately or jointly, or partly separately or partly jointly.
The agreement shall be in writing. Where there is no agreement or the agreement is unclear, the provisions of articles 17 and 18 of this Law apply. The agreement between the husband and wife on the property acquired during the marriage and the property before the marriage is binding on both parties.
If the husband and wife agree that the property acquired during the existence of the marital relationship shall belong to each other, and the debts owed by the husband or wife to the outside world are known to the third party, the debts shall be paid off with the property owned by the husband or the wife. Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.
Article 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation. Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.
Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment. Article 47: At the time of divorce, where one party conceals, transfers, sells, or destroys the property jointly owned by the husband and wife, or falsifies debts in an attempt to encroach on the property of the other party, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, or destroys the joint property of the husband and wife or falsifies debts may receive a smaller share or no share.
After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.
Link to Tianjin lawyer's web page.
People's courts are to sanction conduct that obstructs civil litigation as provided for in the preceding paragraph in accordance with the provisions of the Civil Procedure Law.
-
Answer: On May 28, 2020, the Third Session of the 13th National People's Congress voted to adopt the Civil Code of the People's Republic of China, which will come into force on January 1, 2021. The Marriage Law of the People's Republic of China shall be repealed at the same time.
Question: Hello lawyer, I have some questions for me to ask.
3. Add the legal requirements for divorce: "After the court decides that the divorce is not allowed, the parties have been separated for another year". 4. Add a clear point in time for the dissolution of the marital relationship.
Question: My husband and I got married in February this year, we are both second marriages, the house we live in is the house that we moved back before we got married, and we have not applied for a real estate certificate until now, I want to ask if there will be half of me in the house in a situation like this in time.
Ask if only children have the right to inherit.
Question: Because we are both married for the second time, before this he had a daughter of his own, custody belongs to the woman, and now we also have our own baby, if the house is only given to his daughter when the real estate certificate is applied for in the future, is it okay to have a situation like this?
Like your own phone.
Give it to whomever you want.
That's fine.
The main question is that the house has not yet applied for the real estate certificate, if the real estate certificate is issued, you can directly apply for his daughter's name?
Because he owns the house, it is up to him to decide whose name to write.
-
You can claim no-fault compensation for details, see the specific provisions of Article 46 of the Marriage Law of the People's Republic of China.
The significance of the promulgation of the new Marriage Law is to clarify the ownership of premarital real estate, so that courts at all levels can achieve uniformity in trial practice. However, after the introduction of the real estate certificate, it did have a great impact, resulting in a crisis for the woman, resulting in a large number of women asking for a name on the real estate certificate, and the crisis of real estate division occurred in advance. In view of this, a new policy has been introduced to grant deed tax exemption to handle the name change of real estate, which is actually to encourage everyone to handle it, which really makes it very difficult for the man. >>>More
Article 10 of Interpretation 3 of the Marriage Law stipulates that if one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a loan from the bank, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce. >>>More
Questions about the first property. Although the house was allocated to Party C through an agreement, there was no transfer, that is, the gift was not completed. At this time, the ownership of the house still belongs to Party A and Party B, and Party A owns half of the corresponding value of the property; >>>More
Hello: Glad to be able to answer your questions.
According to what you said, the woman only cohabited illegally with a third party and was not married, so her actions did not constitute the crime of bigamy. And I regret to tell you that the woman's behavior does not constitute a crime, but only in the moral category, and has not risen to the legal category, so they cannot be punished by legal means. >>>More
You can type "Interpretation III of the New Marriage Law" on the Internet to see the full text. >>>More