As we all know, the signing of divorce agreements should be voluntary, and fraudulent and coercive means cannot be used to make the other party sign them against their true intentions. This is a fundamental legal principle. So, if the other party threatens to promote the privacy of his relatives, does it constitute fraud? Should the scope of relatives here be restricted? The following is an analysis of this divorce lawyer based on a marriage case that has been handled.
My client (the woman) is preparing to agree on a divorce with the man due to the breakdown of the couple's relationship. In the course of the consultation, the man threatened to publicize the chaos of the woman's mother's private life and claimed most of the marital property. The woman was forced to sign a divorce agreement that was very unfavorable to her. After the divorce, the man still did not forgive and repeatedly harassed the woman. The woman, who already felt that the agreement was unfair, decided to entrust her lawyer to initiate a lawsuit, hoping to revoke the divorce agreement and re-divide the property.
Regarding the woman's request, the marriage lawyer believes that there is a misunderstanding that the divorce agreement cannot be revoked in its entirety, and can only sue for revocation of the part of the divorce property division. As for the dissolution of marriage, or even the issue of child support, it cannot be revoked through litigation.
According to the law, if there is a situation of fraudulent coercion between a man and a woman when entering into a property division agreement, it may be revoked according to the request of the parties. As for the means of coercion, the Supreme People's Court provided in its judicial interpretation by way of example: Where the perpetrator threatens to cause harm to the life, body, health, reputation, property, etc. of the other party or his close relatives, and compels the other party to do so, it may be found to be coercion.
Due to the clear provisions of the law, we also submitted to the court the WeChat records of the parties when they negotiated divorce. In the end, the fact that the woman was coerced by the man at the time of signing the divorce agreement and went on to enter into the divorce property division agreement against her true intentions was determined. The court revoked the division of property in the divorce agreement and the case was successfully concluded.
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Although the case is closed, the divorce lawyer would like to discuss the scope of relatives in the above-mentioned legal provisions. Although according to the above-mentioned provisions of the Supreme People's Court, the scope of relatives is limited to close relatives, but this lawyer believes that in practice, it should not be stuck in this regard. The reason is that the main consideration of the court's designation of close relatives is that the emotional relationship between close relatives is usually closer. It is precisely on the basis of this close emotional relationship that the parties are easily used by the other party when signing the divorce agreement, and then coerced. However, we should also see whether they are close relatives of the coerced party is not the essence of the problem, but whether the other party is easy to use certain kinship to coerce the other party. In real life, each person's relationship with different relatives is far and near, and it is not all limited to close relatives. For example, some parties have left their parents since childhood and grown up with distant relatives, resulting in their indifferent feelings with their biological parents, but they have very close feelings with the distant relatives who raised themselves, and even regard them as biological parents. Therefore, if, at the time of divorce, the other party compels the parties to sign a divorce property division agreement by threatening to harm the life, body, health, reputation and property of the distant relative, since it is still essentially a coercion that violates the true intentions of the parties, it should still be found that the divorce property division agreement signed under such coercion can be revoked.