Let's learn about women's privileges in divorce. China's Civil Code protects the interests of women, fetuses and infants in divorce proceedings. Article 1082 of the Civil Code (Amendment) stipulates: "The man shall not file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy." This restriction does not apply if the woman files for divorce, or if the people's court deems it necessary to accept the husband's request for divorce." Women have reproductive functions, sacrifices and contributions, and men are taking care of the benefits and restricting them.
The custody of a child born to both spouses is a priority given to the wishes that are conducive to the healthy growth of the child and the child. Nor can we just consider following the mother, and analyze the specific situation on a case-by-case basis.
Specifically, it is only during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy. If the above time period has passed, they can still exercise their right to request divorce;This restriction is not applicable if the parties divorce voluntarily and the wife files for divorce.
There are exceptions to the following circumstances: when the man has a valid reason, when the woman has a serious fault, or when there is a serious and urgent matter. If the woman becomes pregnant through adultery, the husband insists on a divorce. The man has the right to file for divorce to protect against damage caused by the woman's fault. After all, the excellent traditions of the Chinese nation are still values, and both sides should be chaste. However, the principle of protecting the physical and mental health of women, foetuses and babies remains a priority. Because this is a natural objective fact that cannot be changed, equality between men and women is a constitutional principle, and the protection of women's rights should be reflected in specific cases.