Insights
Insights
Can divorce of rural homestead houses in Ningbo be divided?
Mr. Wang and his wife built a house on the rural homestead after their marriage, but the right to use the homestead was registered in the name of Mr. Wang's parents. At the time of divorce, the wife claimed that the house was the joint property of the husband and wife, and Mr. Wang believed that the homestead and the house belonged to the parents' family. Conclusion first: the right to use the homestead itself can not be divided as the joint property of the husband and wife-it belongs to the collective ownership, to the "household" as a unit to obtain...
Ningbo Pre-marital Rental Public Housing Post-marital Purchase Divorce Division
Mr. Wu's father rented a public house in his early years. After marriage, Mr. Wu bought the property right of the house at a preferential price and registered it in Mr. Wu's name. At the time of divorce, the wife believed that the house was purchased after marriage and should be the joint property of the husband and wife; Mr. Wu believed that the house originated from a public house rented before marriage and should be owned by himself-who is right? Conclusion First, public houses rented before marriage and purchased with the joint property of the husband and wife according to the housing reform policy after marriage are generally recognized as the joint property of the husband and wife; but when the division, the court will be appropriate...
What are the ways to divide the divorce house in Ningbo?
Ms. Zheng and her husband have a commercial house purchased after marriage, and the loan has not yet been paid off. At the time of divorce, both parties wanted to fight for ownership of the house, but neither could afford to pay the other a one-time discount. Two people came to consult, what are the feasible ways to divide the house. First to the conclusion: there are three main ways to divide the divorced house-negotiation price compensation (one party takes the house, one party takes the money), bidding to obtain (both parties want the house when the highest bidder gets), auction sale price (both parties do not want the house or unable to compensate)...
The situation where the house is personal property at the time of divorce in Ningbo.
Ms. Liu is going to divorce. Her husband has a house he bought before marriage and added her name after marriage. Ms. Liu believes that the house after the name is common property and should be divided equally. The husband advocated that all the purchase money came from his personal property before marriage and demanded to be divided according to the contribution of capital. This kind of "personal property or common property" dispute appears in almost every divorce case involving housing. The conclusion first said: one party before marriage to buy and register in the personal name of the house, will or gift contract to determine only...
Can Ningbo sue for divorce only require divorce without dividing property?
Some parties consulted: the relationship with her husband has broken down, and she only wants to divorce as soon as possible, but the common property is more complicated-the real estate and the company's equity are not clear for a while. Can we sue for divorce first and talk about the property problem later? Direct to the conclusion: Yes. The law does not require the prosecution of divorce must be together with the property division request, the plaintiff only requests the dissolution of the marriage relationship, the court in principle around the marriage relationship whether the breakdown of the trial...
Ningbo divorce verdict is not satisfied, what should we pay attention to in appeal?
After the first-instance judgment of a divorce case, the parties are dissatisfied with the result and want to appeal, but what is the difference between a divorce appeal and other civil cases? What are the time nodes and program points that must be stuck? The conclusion first says: the appeal period for divorce cases is 15 days from the date of service of the judgment, and the appeal petition can be submitted to the court of first instance or the court of second instance. The particularity that needs to be kept in mind most is that once the judgment of the second instance (including the maintenance of the original judgment) takes effect, the marriage relationship will be dissolved and irreversible, and the parties concerned will dissolve the marriage relationship that takes effect...
Ningbo's First Prosecution Not Sentenced to Leave, How to Operate Second Prosecution for Divorce
In the first case of divorce, the court ruled against divorce on the grounds that "feelings have not yet broken down. Many wanted to sue again immediately, but were told to wait six months. How to do the second prosecution and how high the success rate is directly depends on the grasp of the three key points of "six-month threshold, new situation and new reasons, and new rules for one year of separation. One sentence conclusion: After the first judgment is not allowed to divorce, if the plaintiff has no new circumstances or new reasons, it will take six months before he can sue again; the second prosecution...
Drafting Method of Divorce Reply in Ningbo
After the defendant receives a copy of the complaint in divorce proceedings, the first tangled question is often: should the defense be handed in? How do I hand it in? First of all, the conclusion says: the right of reply is legal, but "when and whether to submit a written reply" is a strategic one-in practice, most professional practices are not to submit a written reply before the hearing, but to leave the opinions to be expressed in court during the hearing, so as to prevent the plaintiff from making up the evidence after receiving the reply in advance. If the defendant does not want to divorce or wants to fight for mediation, he can pass the letter...
After Ningbo sued for divorce, the other party agreed to divorce by agreement. What should I do?
After a party sued for divorce, the other party suddenly agreed to divorce, but asked to go to the Civil Affairs Bureau to agree to divorce instead of passing a court judgment. At this time is to continue the lawsuit or withdraw the lawsuit to divorce by agreement? What are the risks that need to be paid attention to? One sentence conclusion: after the lawsuit for divorce, the other party agrees to divorce, priority through the court mediation divorce-the mediation letter issued by the court and the judgment have the same legal effect and can directly apply for enforcement, but also save 30 days cooling-off period; if you insist on going to the Civil Affairs Bureau to agree to divorce...
Drafting Method of Divorce Complaint in Ningbo
The divorce complaint is the first legal document to initiate divorce proceedings. Whether it is written well or not directly affects whether the litigation request can be fully supported and whether the trial can be promoted efficiently. Direct conclusion: when drafting divorce complaint, we should grasp "one center and three modules"-take litigation request as the center, and clearly write down the four modules of party information, litigation request, facts and reasons, and evidence list; The litigation request should be listed completely and not omitted. The factual reasons should be short and organized, and the evidence should correspond to the request one by one. The prosecution...
How to Contact the Undertaking Judge after Ningbo Divorce Case Filing
After the divorce case is submitted to the court, many parties want to inquire about the progress, submit supplementary materials or communicate the intention of mediation, but do not know how to contact the judge. One sentence conclusion: contact the judge after filing the case. the most formal channel is to call the 12368 litigation service hotline (0574-12368 in Ningbo) to inquire about the case number and the host judge, and then contact through the extension inside the court, or convey it through the clerk and litigation service window. Communication involving the substantive content of the case shall be conducted through formal court hearing and writing...
What is the purpose of mediation in Ningbo court? How to solve the problem of the judge's persuasion to withdraw the lawsuit
After filing a divorce, the judge or mediator advises you to "think again" and "withdraw the lawsuit and make peace". Should you listen to it or not? Many people fall into a dilemma: if you don't listen, you are afraid of offend the judge; if you listen, you are afraid of missing the opportunity to solve the problem. To make a rational judgment, we must first understand the operation logic of court mediation-the purpose of court mediation is to decide according to the circumstances of the case, not necessarily to persuade. The goal of the mediator presiding over the mediation is to "facilitate the settlement of the case". As for the settlement method, whether it is good or divorce depends on the direction of the case: feeling...
Who presides over the mediation before divorce litigation in Ningbo? How long will mediation not take to file a case?
After many parties sue for divorce, the case first enters the stage of pre-litigation mediation, and has not been formally filed for a long time. I am not sure: who is presiding over the pre-litigation mediation? How long can the case be formally opened after mediation fails? The conclusion first says: pre-litigation mediation in divorce cases is usually presided over by people's mediators, specially invited mediators of the court, retired judges or practicing lawyers, and formal judges generally do not intervene at this stage. The mediation period is generally 30 days, which can be extended to 60 days by mutual consent. If the mediation period fails to expire, it shall be transferred to the filing procedure, but in fact...
The 2023 Annual Work Summary Conference of Zhiheng Criminal Center was successfully held
On the afternoon of December 28, 2023, the 2023 Annual Work Summary Conference of the Criminal Center of Zhiheng Law Firm was successfully held in the Zhiheng Conference Room. Zhang Nannan, Director of Zhiheng Criminal Center, Liu Yunfa, Deputy Director of the Criminal Center and Director of the Commercial Crime Defense Department of the Criminal Center, Gan Dingzhong, Deputy Director of the Criminal Center and Director of the Financial Crime Defense Department, Zhang Xiulan, Deputy Director of the Criminal Center and Director of the Criminal Procedure Legal Affairs Department, Guo Liang, Deputy Director of the Criminal Center and Director of the Cyber Crime Defense Department, were present. The event was presided over by Zhuang Aimei, Deputy Secretary General of Zhiheng Criminal Center. At the beginning of the event, Director Zhang Nannan of Zhiheng Criminal Center gave an opening speech. Looking at the work situation in 2023, the Criminal Center has held more than 30 activities across the country, and the branding has been very effective. In the future, the center will shift its focus to internal training and professional article writing. Looking forward to 2024, Zhang
Ningbo has not received the notice of litigation mediation how to do
After filing or receiving civil lawsuits such as divorce in Ningbo, some people delayed waiting for the mediation notice and wondered in their hearts: has the case been established or not? Did the mediator find me? Will you miss any deadline? The conclusion first says: the mediation center before litigation will generally contact the parties through various channels-online service platform station push, SMS, telephone, mail materials, as long as the contact information left is valid, usually will not be missed; No notice has been received. The most common reason is that mediation is still on schedule and the other party cannot be contacted...
Does Ningbo divorce case have to be mediated? Can I not go after receiving the notice?
Should divorce cases be mediated first? After receiving the mediation notice from the court or the mediation center, can we not go? Conclusion First, "mediation" is a legal link in divorce proceedings-Article 1079 of the Civil Code clearly stipulates that people's courts should conduct mediation in divorce cases; and before filing a formal case, most courts will arrange pre-litigation mediation first, and if mediation fails, then file a case for trial. It is not illegal to "not go" after receiving the mediation notice, but in practice it is suggested to be present: the mediation window period is not only to know the other party...
Ningbo divorce case hearing process is what kind
Many parties walked into the divorce court for the first time, so nervous that they were incoherent, they didn't know what would happen next, what they should say, and whether they could bring materials to read. In fact, the court process of divorce cases is not mysterious. Knowing in advance can significantly relieve tension and improve court performance. Conclusion first: divorce cases are roughly divided into five stages: pre-trial preparation, court investigation (cross-examination of evidence), court debate, final statement and deliberation and judgment. The trial focuses on whether feelings are broken, children are raised, property is divided...
What should be prepared before the Ningbo divorce case starts?
The preparatory work before the trial of divorce cases directly determines the effect of the trial and the direction of the judgment. Many parties did not prepare enough when they appeared in court. They did not say what they should say, did not give the evidence they should give, and regretted that the time limit for giving evidence was too late. Direct conclusion: before the hearing, four things should be completed around three major focuses-whether the relationship is broken, the ownership of children's support, and how to divide the property: preparing a mediation plan but not giving up the bottom line, sorting out the original according to the evidence catalogue, writing an outline of the speech, and making a plan for children's support. This article gives a straight...
What materials should be prepared for Ningbo to sue for divorce
When deciding to sue for divorce, the first step is to prepare the prosecution materials. If the materials are not ready, the filing will be returned or delayed. If the materials are fully prepared, the filing progress can be accelerated. The following is a list of materials that must and may need to be prepared to sue for divorce. Conclusion: To sue for divorce, one must prepare a complaint, plaintiff's ID card, marriage certificate, birth certificate of children (if there are children) and identity information of the defendant. If property division is involved, property evidence should also be prepared. If custody is involved, relevant evidence of support ability should be prepared...
How to collect evidence of extramarital affairs in Ningbo to sue for divorce
Extramarital affairs are one of the most common causes of emotional breakdown in divorce cases. However, "how to collect evidence of infidelity is legal and what kind of evidence is recognized by the court" has caused many people to stumble: evidence obtained by self-candid photography and forcible capture is often not adopted because the evidence collection method is illegal or the evidence chain is incomplete. First, give a conclusion: evidence of extramarital affairs must be obtained by legal means. WeChat chat records (notarization is recommended), transfer records, intimate photos in public places, witness testimony, repentance, etc. have probative power. In others...
How to Collect Evidence of Maintenance Rights and Maintenance Fees for Divorce in Ningbo
In divorce proceedings, custody and maintenance is the focus of controversy. Many parties do not know what evidence to prepare to prove that they are more suitable for raising children, or how much support the other party should pay. First of all, the conclusion is that the struggle for custody should focus on the principle of "most beneficial to minor children" and collect evidence from three aspects: one's own ability to raise, the other's unfavorable situation and the child's living situation. The maintenance fee needs to provide proof of the other party's income and proof of the child's actual expenditure. The interpretation of marriage and family to be implemented on February 1, 2025 (...
How to Collect Evidence of Property Division for Divorce Prosecution in Ningbo
When preparing to sue for divorce, the most uncertain thing is often not "inseparable", but "how to divide the money and where the evidence comes from". First, give a conclusion: the division of divorce property is based on "who claims, who gives evidence". the court hears the part of the property claimed and given evidence by both parties, and will not take the initiative to find out all the family assets for the parties concerned-therefore, it is much more effective to list the joint property of husband and wife before filing a lawsuit, and to fix the ownership and present value evidence according to category than to find out at the same time...
What basic materials should be prepared for divorce prosecution in Ningbo
The materials to be submitted for divorce proceedings are roughly divided into four parts: basic materials to prove the existence of the subject of the proceedings and the marital relationship, evidence to prove that the relationship has indeed broken down, property evidence to prove the common property and debt status of the husband and wife, and materials on the identity of the children involved in the upbringing of the children. Whether the materials are complete or not directly determines whether the case can be successfully filed at one time. What needs to be reminded is that the basic evidence submitted at the filing stage is not all the evidence. The Civil Procedure Law allows for additional submissions within the time limit for proof, so there is no need for a...
What are the legal circumstances of divorce in Ningbo.
When many parties sued for divorce for the first time, the other party did not agree, and the court often ruled that divorce was not allowed-was the court partial to the other party? Direct to the conclusion: No. The only criterion for the court to decide the divorce is "the feelings have indeed broken down and mediation is invalid" as stipulated in Article 1079 of the Civil Code, and specifically lists five legal reasons for bigamy and cohabitation with others, domestic violence or abuse and abandonment, gambling and drug abuse, separation for two years due to emotional discord, and other situations leading to emotional breakdown. In addition, one...
If one party in Ningbo cannot have children or does not want to have children, will the court order a divorce?
Can the other party sue for divorce on the ground that one party is unable to have children or insists on not having children? Conclusion First of all, the inability to have children is not a legally specified cause of divorce, but what the court really examines is whether the relationship between the two parties has indeed broken down and whether the mediation is invalid. If it is only a simple birth difference and the marriage is still possible, the first prosecution usually does not give a divorce. If the long-term conflict over fertility leads to a complete breakdown of the relationship, the court may decide to divorce. It is important to understand this: legal protection...
Is the Ningbo form of marriage agreement valid? What to do if you find out that the other party is gay.
Some homosexuals choose to marry the opposite sex due to social pressure, sign a "non-interference" agreement after marriage, or one party discovers that the other party is gay after marriage. This type of marriage involves complex legal issues that need to be handled rationally. First give the conclusion: the agreement on personal freedom in formal marriage is invalid, the property agreement may be valid without violating public order and good customs...
How do stay-at-home mothers fight for custody of their children during divorce in Ningbo
Because of taking care of their children at home for a long time, stay-at-home mothers are often most worried about the custody issue when they divorce: will they lose their children without independent income? The answer is no, but they need to prepare evidence strategically. One sentence conclusion: The core of the ownership of custody is the principle of "most beneficial to minor children"-children under two years of age are directly raised by their mothers as the principle...
How to divorce during pregnancy in Ningbo
It is not impossible to divorce during pregnancy, and the law restricts a particular subject to file for divorce during a particular period. Article 1082 of the Civil Code stipulates that the man shall not file for divorce during pregnancy, within one year after childbirth, or within six months after termination of pregnancy; however, the woman files for divorce or the people's court deems it necessary to accept the man's divorce request, except in this case. In other words, the woman's initiative is not restricted, and the man has to wait in principle, unless there are special circumstances recognized by the court. This…
Criteria and Proof of Affection Break of Couples in Ningbo
If one party insists on divorce and the other does not agree, why does the court decide to divorce? There is only one criterion-the relationship between husband and wife has indeed broken down and the mediation is invalid. This article makes clear the legal circumstances of emotional breakdown, the main points of proof and common misunderstandings. The conclusion first says: Article 1079 of the Civil Code is the main switch for divorce. The cases listed in the Civil Code, such as bigamy and cohabitation, domestic violence and abuse, gambling and drug abuse, separation for two years, and declaration of disappearance, correspond to different evidence methods respectively. Another neglected...
Ningbo divorce found that the child is not biological, can you claim compensation and refund of alimony?
One of the hardest blows of marriage is the discovery that the children you have been raising for years are not your own. The deceived party not only suffers emotional damage, but also faces real property losses such as alimony and gifts. The law provides a clear remedy for this. One sentence conclusion: When the child is found to be non-biological at the time of divorce, the deceived party can claim compensation for mental damage, and can ask the woman (the other party) to return the maintenance paid during the marriage relationship...
When Ningbo divorced, there were two children. How would the court give custody?
When a family with two children divorces, the distribution of custody is the most concerned issue for both parties. Is it necessary for the court to have one person? Can two children with a large age gap be returned to the same party? One sentence conclusion: when there is a divorce, the court does not necessarily decide one person to have custody of two children, but according to the principle of "most beneficial to minor children", taking into account the child's age, parental support conditions, child wishes, brother and sister feelings and other factors flexible judgment, two children are returned to the same party is also a common situation...
Ningbo Both Sides Agree Will the Divorce Court Sentence
Recently, a woman came to consult. She and her husband had already negotiated the terms of divorce. Both parties agreed to end the marriage. They thought that the court would decide the divorce naturally. However, to her surprise, the judge did not directly judge the divorce in the trial, but repeatedly asked both parties about the arrangements for child support. This made her very confused: Both parties have agreed to divorce, is there any reason for the court not to sentence? The 1. legal basis of Article 1079, paragraph 3, of the the People's Republic of China Civil Code stipulates: "There are...
Can Ningbo's fault party sue for divorce counterclaim?
A client came to consult that her husband was the wrong party in the marriage. He not only cheated, but also took the initiative to sue the court for divorce. She felt very angry and wanted to make a counterclaim to make the other party "pay the price". But what she is not sure about is: in a divorce case, can the defendant file a counterclaim? If not, how can he effectively protect his or her rights and interests? 1. legal basis for Article 1079 of the the People's Republic of China Civil Code: if one of the spouses requests a divorce, the relevant organization may mediate or directly...
Does Ningbo Need to be separated after divorce
A party asked the author: She has filed a lawsuit for divorce in the court, but due to economic conditions and housing problems, she still lives under the same roof with her husband for the time being. She is worried: will the court feel that the relationship has not broken down, so it will not judge the divorce? Is it necessary to move out and separate in order to increase the probability of divorce? Make the conclusion clear first: separation is an important evidence of emotional breakdown, but not a necessary condition for divorce; whether to sue for separation after divorce does not determine the court "...
Ningbo Divorce Court Beware of Self-admission Rules
One client regretted it after the divorce trial. At the hearing, the judge asked her, "Who made the down payment for the property you bought after your marriage?" She answered casually, "The down payment was given by his parents". She didn't realize that this sentence directly exempted her husband from the burden of proof about "whether the parents' contribution is a gift". In the end, the court found that the property was the joint property of the husband and wife, and she suffered a big loss in the division. First to the conclusion: in court, the parties to the facts against their own recognition, will directly exempt...
How to write the grounds for divorce on Ningbo's complaint
When a divorce lawsuit is filed, how to write the "facts and reasons" part of the complaint is directly related to whether the case can be established and judged. A common misconception is to compress the grounds for divorce into a single accusation, such as "the other party cheated", "the other party's domestic violence" or "the other party's physical problems make it impossible to live together". This kind of writing is extremely dangerous-if the extramarital affair is verified to exist, the court's basis for finding that the relationship is broken has failed. If the other party takes out a health report to overturn the claim, the grounds for prosecution will collapse directly...
Ningbo negotiation is the only way for a quick divorce
A Ningbo client told me that she and her husband had been in a relationship for three years, but they could not reach an agreement on the division of property. The lawsuit dragged on for more than a year and was exhausted physically and mentally. She asked me: is there any way to make the divorce faster? Conclusion first: whether it is a divorce by agreement or a divorce by litigation, negotiation is an unavoidable link-the premise of a divorce by agreement is that both parties agree on all matters, and in a divorce by litigation, the judge should also organize mediation first; the level of negotiation often directly determines the speed and outcome of the divorce...
How long does it take for Ningbo to sue for divorce?
After submitting the divorce prosecution materials, a party asked: the court said that mediation should be carried out first, when can the case be filed? How long will the whole lawsuit drag on? For the parties who are eager to end the marriage, the time cost is often the most difficult part to bear. First of all, the conclusion is that from filing a case for divorce to the first instance judgment, the summary procedure is generally concluded within three months and the ordinary procedure is concluded within six months. However, pre-litigation mediation, announcement service, evaluation and appraisal are not included in the trial limit, and the actual time is usually longer. If the first prosecution is not sentenced...
Can Ningbo's fault party sue for divorce?
A man comes in for advice. He wants to end the relationship and start over because his marriage has broken down due to infidelity. But he was worried: if he was the fault party, would the court not accept my lawsuit because of my fault? Or even if it was accepted, it would not allow divorce because of my fault? This kind of worry represented the common confusion of many fault parties. The 1. law is based on Article 1079 of the the People's Republic of China Civil Code: If one of the spouses requests divorce, the relevant organization may mediate or directly...
Ningbo sued several times before the court ruled for divorce.
"Do you have to sue twice for a divorce?" is the most common question in divorce counseling. Many parties heard that "the second lawsuit will be divorced by the divorce court", so they waited for the second lawsuit with great expectation. However, it is not uncommon for the second to be rejected after the first rejection. Conclusion: The law does not stipulate that "divorce must be ordered several times", and the only criterion for divorce is that "feelings have indeed broken down...
Can Ningbo's sexual marriage sue for divorce?
One woman couldn't hide her pain in counseling. She and her husband were married for five years, but they never had a normal couple life after marriage. She repeatedly failed to communicate, the other party always evaded the problem. She wants a divorce, but is worried that the court will not support her claim as "it's not a big deal. Does asexal marriage legally constitute a ground for divorce? What will the court do? 1. Legal Basis: Article 1079 of the the People's Republic of China Civil Code: If one of the spouses requests a divorce, it may be carried out by the relevant organization...
Ningbo first sued the judge to persuade the withdrawal of the case how to do.
When a party filed a divorce lawsuit for the first time, the other party firmly disagreed with the divorce. The judge advised her to withdraw the lawsuit in court, saying, "You still have the possibility of mediation and reconciliation. You can sue again six months after the withdrawal". She was stunned for a moment and muddleheaded to sign the withdrawal record. Later, she learned that it would take six months for the second prosecution after the withdrawal of the lawsuit. If the judgment such as withdrawal is not made, even if the judgment is not made, the court should be sentenced to leave after one year of separation. In the face of the judge's "good faith" to withdraw, how should the parties respond...
Process, Material and Time of Divorce by Agreement in Ningbo
A couple to consult: both parties have reached a consensus and decided to divorce by agreement. They thought they could get the license on the spot by signing the agreement and going to the Civil Affairs Bureau. As a result, they were told by the staff that they needed to go through a 30-day cooling-off period for divorce and had to be present twice. Many people have misunderstandings about the process, materials and time of divorce by agreement, and it is easy to make several trips in vain if they are not prepared. The conclusion first says: divorce by agreement must be applied to the marriage registration authority jointly by both parties. after a 30-day cooling-off period, it will be 30 days from the date of expiration of the cooling-off period...
What is the use of jurisdictional objections in the Ningbo divorce case?
Some parties have heard that they can apply for jurisdiction objection in divorce cases, which can not only strive to respond to the lawsuit in their own convenient court, but also affect the pace of litigation to a certain extent. So, what is the role of jurisdiction objection in divorce cases? What legal risks should be paid attention to when applying? 1. legal basis Article 130 of the the People's Republic of China Civil Procedure Law: After the people's court accepts the case, if the parties have objections to jurisdiction, they should raise them during the submission of the defense. The People's Court...
What is the jurisdiction court for Ningbo to sue for divorce?
When many parties come to consult about divorce, the first question is "which court should I go to?" Some people think that they must go to the other party's hometown, while others think that they can file a case in any court where they live, but the materials are returned, which is a waste of time. The jurisdiction of the court of divorce proceedings has clearly stipulated that the wrong court will directly affect the efficiency of filing a case and the follow-up procedure. The 1. legal basis is article 22 of the the People's Republic of China civil procedure law: the defendant shall...
Is Ningbo Premarital Loyalty Agreement Effective
Some people will sign an agreement with the other party before marriage, agreeing that "if one party cheates after marriage, he or she will voluntarily leave the house" and "the cheating party will give up all the joint property of the husband and wife. Is this kind of loyalty agreement signed before marriage legally valid? Can it be used as a basis for the division of property in the event of divorce? 1. Legal basis Article 1041 of the the People's Republic of China Civil Code: Marriage and family are protected by the State. The marriage system of freedom of marriage, monogamy and equality between men and women shall be implemented. The the People's Republic of China...
Is the ningbo marital loyalty agreement valid?
Many couples sign "loyalty agreements" during their marriage, agreeing that "if one party cheates, he will leave the house clean" and "compensate the other party XX million yuan. Wait until the actual divorce, this agreement can be used as the basis for the division of property? In judicial practice, the validity of the marital loyalty agreement has been controversial, and the court's judgment scale varies from place to place. In Zhejiang, the people's Court of the Provincial High Court "on the trial of marriage and family cases of a number of questions answers" (Gao Fa people a [2016] No. 2) to buy a house before marriage...
How to determine the ownership of dowry in Ningbo before and after marriage
When getting married, the woman's parents often give her daughter a dowry, some for the purchase of household appliances, vehicles, and some direct transfer to the woman. In the event of divorce, the man often claims that the dowry is the joint property of the husband and wife and should be divided equally. So, whether the dowry belongs to the woman's personal property or the joint property of the husband and wife? The key depends on the time of payment and the agreement of the object of the gift. The 1. law is based on article 1062 of the the People's Republic of China civil code: the following property acquired by husband and wife during the existence of the marriage relationship is...
Ningbo Supreme People's Court: How to determine the nature of the debt incurred by one of the spouses in the name of the individual during the marriage relationship.
Does the money borrowed by one of the spouses in their own name during the marriage count as a joint debt in the event of divorce or creditor prosecution? First of all, the current rules are clear-article 1064 of the civil code shall prevail: debts jointly signed or ratified by both husband and wife and debts borne by one party for the daily needs of the family are common debts; In principle, large debts incurred by one party in his own name that exceed the needs of the family's daily life are not joint debts, unless the creditor can prove that the debts are used...
(I) of Interpretation of the Supreme People's Court of Ningbo on the Application of the Marriage and Family Section of the Civil Code
In order to correctly hear cases of marriage and family disputes, this interpretation is formulated in accordance with the the People's Republic of China Civil Code, the the People's Republic of China Civil procedure Law and other relevant laws and regulations, combined with trial practice. 1. General Provisions Article 1 Persistent and recurrent domestic violence can be identified as the term "abuse" in Articles 1042, 1079 and 1091 of the Civil Code ". Article 2 of the Civil Code: Articles 1042, 1079, and...