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It doesn't matter if it's a divorce by mutual
Or a lawsuit divorce, in principle, the property is half of one person, and the innocent party can have more shares. But your sister's case can only belong to emotional discord, and there is no party at fault. Therefore, if the other party is unreasonable, generally speaking, it is still possible to go through the formalities as soon as possible, even if you suffer a little loss, just buy a lesson.
After the formalities are completed, there is a new life waiting for you. Good luck to your sister.
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Hello. 1.Divorce can be negotiated, sign a divorce agreement to deal with the issue of children's property, and then take the divorce agreement and marriage certificate to the civil affairs bureau to go through the divorce procedures.
2.If the negotiation with the man cannot be reached, he can sue.
3.There is no legal basis for the man to say that if your sister does not come back for a year, she can apply to the court for divorce. Even if he sues for divorce, he still needs to go through a court judgment to divide the children's property.
4.If your sister and the man can't negotiate, they can also file for divorce with the court. The joint property of the husband and wife is half of one person.
If you still have questions, please feel free to continue to ask.
If you find it valuable,
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Looking at the current situation, it is impossible to divorce by agreement, and it is recommended that the court sue for divorce.
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1. What should I do if the divorced man doesn't give money.
1. If the divorce is divorced by agreement, if one party does not perform his obligations according to the agreement, the other party may bring the divorce agreement to the people's court in accordance with the law, requiring him to perform his obligations according to the agreement, and may apply to the court for compulsory enforcement.
2. Legal basis: Article 108 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 mutual agreement;If an agreement is not reached, the people's court shall 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.
Article 1089.
In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint property is insufficient to be paid off or the property is owned by each other, the two parties shall settle it by agreement;If the agreement is not reached, the people's court shall make a judgment.
2. How to distribute the property in the event of divorce.
The distribution of property in the event of divorce is as follows:
1. If the husband and wife have a written agreement on the ownership of property, or there is an oral agreement, and there is no dispute between the two parties, the divorce shall be handled in accordance with the relevant agreement, but the agreement that circumvents the law and harms the interests of the state, the collective, or others is invalid;
2. After the husband and wife separate, the property that they manage, use and acquire separately still belongs to the joint property of the husband and wife, and can be owned separately at the time of divorce, but if the difference is huge, the party who has received more property shall make up for it;
3. If it is claimed to be the personal property of one party, the burden of proof shall be borne and if it cannot be proved, it can only be disposed of as the joint property of the husband and wife;
4. In principle, the joint property of husband and wife shall be divided equally, but it may be distributed unequally due to the fault of one party and other reasons;
5. The agreement between the husband and wife on the division of property shall take effect after the divorce and shall only be binding on the husband and wife, and shall not be used against the third party, such as the creditor's rights of the third party;
6. Where one party has the act of concealing or transferring the joint property of the husband and wife at the time of divorce, the people's court may divide or not divide the property at the time of the judgment, but where the personal property is mistakenly concealed or transferred as the joint property of the husband and wife, it does not affect the division of the joint property of the husband and wife;
7. At the time of divorce, if the joint property of the husband and wife has not been separated from the joint property of the family, and one party requests the division of the family and property, the divorce case and the property issues that have already been ascertained may be handled first, and the parties may be informed to handle the division of property that is difficult to ascertain for the time being, and it will not affect the trial of the divorce case.
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If the husband does not give money and does not perform the divorce agreement when dividing the property after the divorce, the woman may apply to the court for compulsory enforcement.
Legal basis: Article 1087 of the Civil Code In the event of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If an agreement is not reached, the people's court shall 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 husband's or wife's rights and interests in the contracting and management of family land shall be protected in accordance with law.
Article 1089 of the Civil Code In the event of divorce, the joint debts of the husband and wife shall be repaid jointly. If the joint property is insufficient to be repaid or the property is owned by each other, the two parties shall agree to settle the debt; If the agreement is not reached, the people's court shall make a judgment.
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Legal analysis: If the husband does not give money and does not perform the divorce agreement when the property is divided after divorce, the woman can apply to the court for enforcement. China's civil law stipulates that after divorce, if the children are directly raised by one party, the other party shall bear part or all of the child support.
Where the amount of expenses to be borne and the length of the period cannot be reached by agreement between the parties, the people's court shall make a judgment.
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 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the maintenance expenses of the person who obstructs the bridge. Where the amount of expenses to be borne and the length of the period cannot be reached by agreement between the parties, the people's court shall make a judgment.
The simplicity of the agreement or judgment provided for in the preceding paragraph does not prevent Zikuan Funu from making reasonable demands to either parent in excess of the original amount of the agreement or judgment when necessary.
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