Refused to remarry after a "fake divorce".
The wife took her husband to court
Ms. Bai and Mr. Huang are husband and wife. In order to circumvent the policy of restricting the purchase of commercial housing, Mr. Huang proposed that the two buy a second house in Ms. Bai's name through a "fake divorce". After that, the parties simply drafted a divorce agreement, stipulating that the house and vehicle in the names of both parties would be owned by Mr. Huang, and the divorce registration and the registration of the change of related property were handled.
However, when Ms. Bai bought a house in her own name and was about to remarry Mr. Huang, Mr. Huang refused. After many times of communication between the two parties, Ms. Bai found that Mr. Huang had started a new relationship after the two parties went through the divorce procedures.
Due to the unsuccessful negotiation of remarriage, the parties finally went to court. Mr. Huang requested that the property be disposed of in accordance with the contents of the divorce agreement, that is, the property such as the house and vehicle under his name should be owned by him personally; Ms. Bai insisted that the divorce agreement was not her true intention, and that the parties were "sham divorce", and requested that the contents of the divorce agreement be revoked.
Court: The divorce agreement between the parties is legal and valid
After the trial, the court held that since the plaintiff, Ms. Bai, could not provide evidence to prove that there was fraud and coercion when signing the divorce agreement, the divorce agreement between the parties should be legal and valid.
Ms. Bai, as a person with full capacity for civil conduct, should bear the corresponding consequences for the civil juristic acts she carried out, and she voluntarily went through the divorce registration after signing the divorce agreement, and was aware of the relevant legal consequences. Therefore, the court did not support Ms. Bai's request to revoke the divorce agreement and divided the property of the parties according to the content of the divorce agreement.
Judge: There are legal risks associated with "fake divorce".
From a legal point of view, there is no concept of a "sham divorce". Once the spouses have received a divorce certificate, the marriage is dissolved.
"Fake divorce" has the following legal risks: first, the income during the "fake divorce" period no longer belongs to the joint property of the husband and wife, and second, during the "fake divorce" period, the other half is not required to perform the duty of loyalty between the husband and wife in the legal sense, and even if there is improper interaction with other members of the opposite sex, it cannot constitute a major fault in the marital relationship in the legal sense; Third, if there are facts such as inheritance and changes in child support during the "sham divorce" period, one party can no longer claim rights and interests as a spouse; Fourth, if a divorce agreement is arbitrarily signed to divide property for the purpose of "fake divorce", it may lead to major damage to personal rights and interests.
Here's a reminder: the marriage certificate is not only a testimony to the feelings of the husband and wife, but also demonstrates the protection of the law's identity, property rights and obligations of both parties.
Lawyer's statement: Divorce is valid and irrevocable
Lawyer Lin Minhui, director of Fujian Zihui Law Firm, said that whether it is a real divorce or a fake divorce, as long as both parties are genuine and voluntary when going through the divorce procedures, and are not coerced or coerced by either party, the divorce is valid and irrevocable.
In fact, as long as the divorce procedures are handled by both parties at the Civil Affairs Bureau, it is a legally recognized divorce. The relationship between husband and wife is essentially an identity relationship, and the establishment and dissolution of the identity relationship cannot be revoked as long as the parties are truly voluntary.
Lin Minhui reminded that although the way to go through the formalities with the Civil Affairs Bureau for divorce by agreement is simple and can avoid certain restrictive policies, the risks behind it are huge.
First of all, if one party is unwilling to remarry after the divorce, then there is nothing the other party can do. Secondly, in order to circumvent the relevant policies, in the case of a fake divorce, the parties to the fake divorce will often agree to transfer the real estate and money to one party. Since the other party is often unable to provide evidence to negate the validity of the agreement, after the divorce, if the party who owns the property changes his mind or sells the property, the other party will not be able to claim repayment or compensation.
Therefore, before going through the divorce procedures, you must think carefully and do not lead to a loss of people and money for the sake of small profits.
*: Zunyi Window of Law Popularization, Southeast Net.