New regulations for divorce in 2023:
1. Both men and women can choose to agree to divorce or divorce in litigation. The divorce of the agreement still needs to be divorced for 30 days.
2. Regarding the division of property shall be determined by the two parties. If the negotiation fails, the court shall make a judgment in accordance with the care of the children and the woman’s rights and the rights of no faults.
Article 107 of the Civil Code: At the time of divorce, the common property of the husband and wife shall be processed by the two parties by the agreement; if the agreement does not achieve, the people’s court shall follow the specific situation of the property and follow the care of the children, the woman, and the faulty party.Principles of equity.
3. Those who have paid more obligations for raising their children, taking care of the elderly, undertaking housework, or assisting the other party’s work. When divorce, the other party can require the other party to make economic compensation.
Article 1088 of the Civil Code, if one of the couple has more obligations due to the burden of breeding their children, taking care of the elderly, and assisting the other party’s work, they have the right to request compensation from the other party during the divorce, and the other party shall give compensation.The specific measures shall be approved by both parties; if the agreement does not, the people’s court will be judged.
4. If the other party has the wrongdoing, living together, domestic violence, abuse, or abandoning family members in the marriage, you can not only ask for more property, but also require divorce damage compensation.And derailment may also make a mistake in marriage under new laws.
Article 1091 of the Civil Code: One of the following situations, which leads to divorce, has the right to request damage compensation: (1) to be married; (2) cohabitation with others; (3) implementing domestic violence(4) abuse and abandonment of family members; (5) There are other major faults.
5. The woman is in the "divorce prohibition period" during pregnancy, within six months after pregnancy, or within one year after childbirth. That is to say, as long as the woman disagrees, the man cannot divorce afterwards.
6. Military marriage divorce requirements are very strict. If the other party is a soldier, when the other party has no obvious marriage fault, and the soldiers do not agree to divorce, the spouse cannot be divorced.
7. Before marriage, the other party concealed major illnesses and could not be cured after marriage.
8. The divorce of litigation will never be judged for a long time, nor will there be a situation where prosecution will not leave four or five times.If the first prosecution did not leave, if the middle separated for one year, and the divorce again, the court shall judge the divorce.Divorce becomes easier to divorce.
9. Do not divorce can also divide the common property. During the marriage, the couple can sign a husband and wife property agreement. Without divorce, the current common property is divided, the signature will take effect, and the signing of the property is divided.(Small programs have been added here, please go to today’s headline client to view)
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