Whether marriage is the graveyard of love I don't know, but divorce is definitely no love, and even to the day of the court, there is not even the last trace of pity, and I only want to let the other party lose even pants.
Life is poetry and far away, divorce is just one of the messes that have been caught and messed up, today let Liu Dazhuang & Xie Dazhuang comb and nag for you one by one.
1. Marital relationship
Divorce is based on a valid marital relationship. What is a valid marriage relationship, one is to register the marriage according to law, and the other is that both men and women who have the legal substantive elements of marriage live together in the name of husband and wife without marriage registration, constituting a de facto marriage. (The retroactive and recognition of the validity of marriage is calculated from the time when both the man and the woman meet the substantive requirements for marriage, and not to the time when the man and the woman live together in the name of husband and wife)
2. Property, debts, and claims for damages
(1) Article 1062 of the Civil Code stipulates that husband and wife have equal rights to dispose of common property. That is to say, in the case of a court-awarded divorce, it is tended to divide the property of the divorcing parties in half.
So, what are the joint property of the spouses?
That is, the wages, bonuses and labor remuneration received by the husband and wife during the existence of the marital relationship; the income from production, operation and investment; the income from intellectual property rights; the inheritance or donation of property, except for the property specified in the will or gift contract, which belongs only to one party; and other property that should be jointly owned.
(2) Article 1089 of the Civil Code stipulates that in the event of divorce, the joint debts of the husband and wife shall be repaid jointly.
What is joint debt?
Debts incurred by both spouses in a joint signature or a subsequent recognition by one of the spouses, as well as debts incurred by one of the spouses during the existence of the marital relationship in his or her personal name for the daily needs of the family, are joint debts of the spouses. Debts incurred by husband and wife for living together or for the performance of maintenance and maintenance obligations shall be deemed to be joint debts of husband and wife and shall be repaid with the joint property of the husband and wife when divorcing.
(3) Article 1091 of the Civil Code stipulates that if there is bigamy, cohabitation with others, domestic violence, abuse or abandonment of family members, other major faults, etc., resulting in divorce, the party without fault has the right to claim damages.
In the event of divorce, if one spouse is struggling with life, the other party who can afford it should give appropriate assistance. The specific measures shall be agreed upon by both parties; if the agreement fails, the people's court shall make a judgment.
Where one of the spouses bears more obligations due to raising children, caring for the elderly, assisting the other spouse in his or her work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; if the agreement fails, the people's court shall make a judgment.
3. Child support issues
The relationship between parents and children is not extinguished by the divorce of the parents. After divorce, the children are still the children of both parents, regardless of whether they are directly raised by the parents or the parents.
After divorce, parents still have the right and obligation to support, educate and protect their children.
After divorce, children under the age of two shall be directly raised by the mother. Where a child who has reached the age of two fails to reach an agreement on the issue of maintenance between the two parents, the people's court shall make a judgment on the basis of the specific circumstances of both parties and in accordance with the principle of the most favorable advantage for the minor child. Where a child has reached the age of eight, his true wishes shall be respected.
After divorce, if the children are directly raised by one party, the other party shall bear part or all of the maintenance. The amount of expenses to be borne and the length of the period shall be agreed upon by both parties; if the agreement fails, the people's court shall make a judgment.
The agreement or judgment provided for in the preceding paragraph shall not prevent the child from making reasonable demands to either parent if necessary that exceed the amount originally agreed upon in the agreement or judgment.
After divorce, the parent who does not directly raise the children has the right to visit the children, and the other party has the obligation to assist. The manner and time for exercising the right of visitation are to be agreed upon by the parties; where the agreement fails, the people's court shall make a judgment. Where a father or mother visits a child, which is detrimental to the child's physical or mental health, the people's court is to suspend the visit in accordance with law; after the reason for the suspension disappears, the visit shall be resumed.
