After the implementation of the new marriage law, divorce will no longer be easy
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Life is so precious and short, the most important thing is to make yourself better, not to be bound by your own obsessions. However, divorce is not a trivial matter, it is not just the end of a relationship, but also the family, property, children, etc. In the past, the Marriage Law did not stipulate what could be divorced, and generally speaking, if there was a conflict between the husband and wife, or various other factors, it was easy to file for divorce.
The new Marriage Law stipulates that the wife has the right to request a divorce if the husband has gross negligence, such as bigamy, cohabitation, domestic violence, gambling, etc. If the man is an active male, he needs the permission of the man to get a divorce. In addition, China's Marriage Law also provides special guarantees for military marriages, allowing divorce and punishing violations of military marriages.
2.A man cannot file for divorce if the woman has a special reason. For example, a woman may not file for divorce during pregnancy, one year after giving birth, within six months after giving birth, or within six months after giving birth. However, if there are any of the above three situations, and the woman cannot tolerate her husband filing for divorce, she can do so.
3.In some cases, the court may refuse to divorce when the court decides at first instance that the parties cannot be divorced, or when the parties have reached a settlement and withdraw the divorce request. In this case, if the party applying for divorce applies for divorce again within six months, and there are no new circumstances and reasons, the lawsuit will not be supported. However, after six months, if the second indictment is filed, the court will accept it.
In addition, within 6 months, if the defendant does not file a lawsuit for the second time, but the plaintiff himself requests a divorce, the court will accept it. In addition, the new provisions of the Marriage Law have also undergone some changes, so don't miss it.
02.Some important changes in the new marriage law: 1. The introduction of a "cooling-off period" system. It is reported that after the introduction of the "cooling-off period" system, the "cooling-off" period proposed by both husband and wife is 30 days. The reason for the "cooling-off period" is to allow the two to have time to reflect and communicate, so as to reduce the probability of impulsive divorce, and at the same time, it can also allow the two to reflect on their marital status, so that the two have the opportunity to rebuild the old relationship.
The Civil Code adds a new "cooling-off period", which is specifically proposed for the Civil Affairs Bureau, when the two parties have reached a consensus on the custody of the children and the division of the estate, and then file for divorce registration with the marriage registration department, and must be present within one month after filing for divorce. If the divorce is filed in court, then the first time it is **, it is generally three to six months, so, in terms of time, the cooling-off period is included in this stage.
In the Civil Code, a new article on "husband and wife living separately" has been added, for example: "The people's court rules to prohibit divorce, but if the husband and wife have lived separately for more than one year, one party shall be allowed to sue again." "In the previous marriage law, the time of separation was two years.
In addition, in judicial practice, the adjudication of divorce has the following aspects: If the marital relationship has not broken down, and one party is unwilling to file for divorce for the first time, the ruling will refuse. : If one of the parties is laid off and has financial difficulties and files for divorce, he or she will also be rejected.
2.Security measures have been added for the division of property. In order to ensure that the rights of the parties after the divorce can be better protected, and to prevent the divorce process from becoming more cumbersome and worse due to inheritance issues, the Regulations also add a new article on "property division", that is, the distribution of the joint property of the spouses according to the provisions of the previous agreement.
For example, if the marital relationship between the parties still exists, wages, income from production and operation, property derived from inheritance or gift, income from intellectual property rights, income from investment by one party with personal property, housing subsidies actually obtained or should be obtained by both husband and woman, housing provident fund, etc., are all recognized as joint property of the husband and wife.
In particular, if the estate or the deed of gift stipulates that the property is the property of only one husband or wife, it is the property of one person and not in common. In addition, after marriage, when the parents invest in the purchase of real estate, it is clearly stated that it is a gift to the other party and is not the joint property of the husband and wife.
In addition, the General Principles of the Civil Law also make relevant provisions on compensation for domestic service: in the marital relationship between husband and wife, the party who bears more responsibility may request the other party to provide compensation for domestic service. Here, I would like to emphasize that since the introduction of the new regulations, many people have believed that if one day, parents often stay at home to take care of their children, then if the parties divorce, they can claim compensation. First of all, we have to admit that our mother paid a great price, but this does not mean that she will receive more compensation in the future.
If it is a mother who encounters such a thing, she wants to get more money and keep some evidence. For example, you can make some sacrifices for your family, for example, you can give up a good job to take care of your parents and children so that you can be compensated more.
All in all, the purpose of the promulgation of the above regulations is to raise the threshold and procedures for divorce, to encourage couples to treat their marital affairs in a more rational way, to reduce some unnecessary conflicts and disputes, and to protect the rights of the weak. Wan Ziwen: "Every sentence I write is well thought out, please click to read it and tell me that you are also working hard for your own life." ”