1. Li Mei and her husband Wang Lei went to the marriage registration authority to apply for divorce together after a quarrel, and Wang Lei regretted it the next day, and they needed to apply to the marriage registration authority to withdraw the divorce registration after reaching an agreement with Li Mei.
Mistake. Analysis——
Paragraph 1 of Article 1077 of the Civil Code: "Within 30 days from the date of receipt of the application for divorce registration by the marriage registration authority, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority." ”
Accordingly, Wang Lei can withdraw the application for divorce registration to the marriage registration authority on his own, and there is no need to reach an agreement with Li Mei.
2. After Zhang Yun and Xu Qiang got married, the relationship between the two parties was incompatible, and the two of them lived together with other members of the opposite sex outside. Later, Zhang Yun sued the court for divorce, and Xu Qiang had the right to claim damages for divorce.
Mistake. Analysis——
Article 1091 of the Civil Code: "In any of the following circumstances, which results in divorce, the innocent party has the right to claim damages: (1) bigamy; (2) cohabitation with another person; (3) Committing domestic violence; (4) Ill-treatment or abandonment of family members; (5) There are other major faults. ”
Zhang Yun and Xu Qiang are both cohabiting with others and are at fault, so Xu Qiang cannot claim divorce damages.
3, Wang Mei and ** opened a Hexian snack bar at the gate of Huixing School after marriage, mainly operated by **, because the school was closed due to the epidemic, the customer flow was greatly reduced, ** borrowed 200,000 yuan from Jiang Jin in his personal name, and the loan was used for the operation and maintenance of the Hexian snack bar, Wang Mei did not know about this, and the debt did not belong to the joint debt of the husband and wife.
Mistake. Analysis——
Paragraph 2 of Article 1064 of the Civil Code: "Debts incurred by one of the spouses in his or her own name during the existence of the marital relationship in excess of the daily needs of the family are not joint debts of the husband and wife; However, the creditor can prove that the debt was used for the husband and wife's common life, joint production and business, or based on the common intention of the husband and wife. ”
Wang Mei and ** opened a store together after marriage, ** is mainly in business, and it can still be identified as a joint operation of husband and wife, ** borrowed money in the name of an individual, although Wang Mei did not know about it, but the borrowed money was used for the joint production and operation of the husband and wife, which belonged to the joint debt of the husband and wife.
4. Chen Xia and her husband Huang Yong divorced by agreement and divided the joint property of the husband and wife. After the two completed the divorce registration formalities, Chen Xia felt that the property she had divided was too small and regretted it, and she could apply to the court to revoke the property division agreement.
That's right. Analysis——
Article 70 of the Interpretation (1) of the Marriage and Family Section of the Civil Code: "Where the husband and wife repent on the issue of property division after agreeing to divorce and request the revocation of the property division agreement, the people's court shall accept it. Accordingly, Chen Xia repented on the issue of property division after the divorce by mutual agreement, and could request the people's court to revoke the property division agreement.
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