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Ningbo Divorce Litigation Evidence Provisions 4 Key Points and 30 Small Points

Ningbo Author：LuXu WANG

1. evidence of the breakdown of a couple's relationship

  1. if you have been separated for two years due to emotional discord or for one year after the people's court has ruled that the divorce is not allowed, you can provide relevant evidence to prove the separation of the two parties, such as the residence certificate issued by the village, neighborhood committee and other grassroots organizations, and the house lease contract.
  2. If you suffer from domestic violence, you must provide evidence to prove the existence of domestic violence, such as the case report receipt issued by the public security department, the police registration form and other alarm records, the public security department record, the injury inspection notice, the medical record, the inspection report, the audio and video recording, etc.
  3. If the other party claims to marry or cohabiting with another person during marriage, it must provide evidence to prove the existence of bigamy or cohabitation, such as the people's court's effective judgment document, marriage registration certificate, witness testimony, audio and video recording, etc.
  4. If it is claimed that the other party is at fault in the marriage to hurt the feelings of the husband and wife, evidence must be provided to prove the existence of derailment and other fault facts, such as chat records, audio and video recordings, photos, etc.

2. of marital relations and the birth of children to give evidence

  1. evidence to prove the marriage relationship, such as marriage certificate or marriage registration application form, marriage registration examination processing form and other marriage registration materials obtained from the civil affairs department.
  2. Those who have children must provide evidence to prove the birth situation, such as birth medical certificate, household registration book, one-child certificate, or household registration certificate issued by the public security department.

3. Documents related to child support: school records, medical records, interest class records, etc., used to prove the living conditions and maintenance expenses of children.

3. involving property and handling of claims and debts

01, involving housing, distinguish the nature of housing treatment

  1. for self-purchase of commercial housing, relevant evidence must be provided to prove the registration of housing property rights, such as real estate ownership certificate, full set of housing registration information, and housing purchase contract; if housing loans are involved, the loan contract, the deduction details issued by the bank or provident fund center, and the outstanding loan status And other materials; if there is a dispute over the purchase of capital, financial institution transfer records and other materials must be provided;
  2. for the relocated and resettled commercial houses, the real property right certificate, a full set of housing registration information, etc. shall be provided to prove the current registration status of the house, and the relocation materials shall be provided to explain the source of the house;
  3. for rural homestead houses, the homestead use certificate and attached drawings shall be provided, as well as the registration materials such as the homestead use right audit form, area calculation form, survey record form, attached drawings and other registration materials when the rural homestead use certificate was issued in 1991 or 1992. For those who have been rebuilt, the renovation approval materials shall also be provided;
  4. public housing, must provide public housing rental certificate, household registration book to prove the public housing rental and registered residence personnel, in addition to prove the actual use of public housing, etc;
  5. affordable housing must provide evidence such as real estate certificate, full set of housing registration information, house purchase contract, loan contract, deduction details issued by the bank or provident fund center, and outstanding loans.

02, involving house decoration and other movable property.

Evidence such as renovation contracts, proof of purchase of furniture and household appliances, invoices for the purchase of gold and silver jewelry, proof of payment, etc. must be provided, and the existing condition of movable property must be explained.

03, involving bank deposits.

Details of bank transactions must be provided to prove the deposit and withdrawal of money, fund balance, etc.

04, involving claims, debts.

Evidence such as IOUs and delivery vouchers must be provided.

05, involving stocks, bonds, funds and other financial assets.

Evidence such as proof of assets and transaction details issued by the financial institution must be provided.

06, involving the vehicle

evidence such as vehicle registration certificate and driving license shall be provided. If a car purchase loan is involved, evidence such as purchase contract, loan contract, repayment details and outstanding loan shall be provided.

4. involving child support, visitation issues

  1. if there is a dispute over the upbringing of a child, evidence must be provided to prove that one or the other party is in favor of or against the upbringing of the child, such as proof of income, proof of work, proof of residence, etc.
  2. If child support is involved, it is necessary to prove the support expenses and the income of both parties. For the support expenses, bills for education, medical care, living and other expenses can be provided, and for wage income, income certificates issued by the work unit, bank transaction details and other materials can be provided.
  3. If there is a dispute over the time and manner of visiting minor children, it is necessary to prove the physical condition of the children to determine whether the children are suitable for longer-term or high-frequency visits.

5. other marriage and family matters a few questions

  1. if audio-visual materials such as audio and video recordings are provided as evidence, complete written text finishing materials should be attached and original preservation media should be carried for verification. If you need to provide electronic data such as chat records as evidence, you need to capture and save the complete chat process, time and account information of both parties, and carry the original storage medium for verification.
  2. If the owner of the house has someone other than the original and the defendant, the rights of others cannot be dealt with together in the divorce case, and the parties must sue separately. If you need to apply to the court to obtain relevant evidence from a bank or other financial institution, you must provide information such as the bank and bank account number, the name of the other financial institution applying for an account, and the ID number or account number. In addition, where the division of movable or immovable property is involved, the parties may inquire in advance so that the parties can negotiate to determine the present value of the property and avoid additional costs arising from the assessment.
  3. The agreement between the husband and wife on the property system and the agreement on the division of property in the event of divorce.

Civil Code Article 1065 A man and a woman may agree that the property acquired during the marriage and the pre-marital property shall be owned by each, jointly or partly owned by each or partly jointly owned, and the agreement shall be in writing. In the event of divorce, the spouses may enter into an agreement on the division of their joint property. However, it should be noted that the property division agreement based on divorce, if both parties have not gone through the divorce registration procedures with the civil affairs department, the property division agreement has not taken effect and cannot be used as the basis for property division in divorce proceedings. 4. What circumstances will lead to the invalidity of a marriage According to Article 1051 of the Civil Code, a marriage shall be invalid under any of the following circumstances: (1) bigamy; (II) there is a kinship that prohibits marriage; (III) under the legal age of marriage. Note: Article 10 of the Judicial Interpretation of the Marriage and Family Code stipulates that the parties request the people's court to confirm the invalidity of the marriage in accordance with Article 1051 of the Civil Code. If the statutory invalid marriage has disappeared when the lawsuit is filed, The people's court will not support it. 5. Who can be the subject of applying for confirmation of marriage invalidation in accordance with the provisions of Article 9 of the Judicial Interpretation of Marriage and Family Compilation to the people's court for the confirmation of marriage invalidation of marriages that have been registered, including the parties to the marriage and interested parties. Among them, the interested parties include: (1) on the grounds of bigamy, the close relatives and grass-roots organizations of the parties concerned; (II) on the grounds that they have not reached the legal age of marriage, the close relatives of those who have not reached the legal age of marriage; (III) on the grounds that there is a kinship prohibiting marriage, the close relatives of the parties concerned. 6. If one or both spouses die, can they still claim to confirm the invalidity of the marriage? The living party or the interested party can still request to confirm the invalidity of the marriage. According to the provisions of Article 14 of the Judicial Interpretation of Marriage and Family, after the death of one or both spouses, if the living party or the interested party requests confirmation of the marriage in accordance with the provisions of Article 1051 of the Civil Code, the people's court shall accept it. Article 15 stipulates that if an interested party requests the people's court to confirm the invalidity of the marriage in accordance with the provisions of Article 1051 of the Civil Code, the interested party shall be the plaintiff and both parties to the marriage shall be the defendants. If one of the spouses dies, the surviving party shall be the defendant. 7. What is the joint property of husband and wife? According to Article 1062 of the Civil Code, the following property acquired by husband and wife during the existence of the marriage relationship shall be the joint property of husband and wife and shall be jointly owned by the husband and wife: (1) wages, bonuses and remuneration for labor services; income from (II) production, operation and investment; income from (III) of intellectual property rights; (IV) inherited or donated property, except as provided for in paragraph 3 of Article 1063 of this Law; (V) other property to be owned jointly. Husband and wife have equal rights to dispose of common property. Note: Article 24 of the Judicial Interpretation of the Marriage and Family Code stipulates that the "proceeds of intellectual property rights" stipulated in the third paragraph of the first paragraph of Article 1062 of the Civil Code refers to the actual acquisition during the existence of the marriage relationship. Or property gains that have been clearly obtained. Article 25 of the Judicial interpretation of Marriage and Family stipulates that during the existence of the marriage relationship, the following property belongs to "other property that should be jointly owned" as stipulated in Article 1062 of the Civil Code: (1) the income obtained by one party from personal property investment; the housing subsidy and housing accumulation fund actually obtained or should be obtained by both men and women of the (II); (III) the basic pension and bankruptcy compensation fees actually obtained or should be obtained by both men and women. Article 26 stipulates that the income generated by the personal property of one spouse after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation. Article 27 stipulates that if a house rented by one party before marriage and purchased with common property after marriage is registered in the name of one party, it shall be recognized as the joint property of husband and wife. 8. What is the personal property of one of the spouses According to Article 1063 of the Civil Code, the following property is the personal property of one of the spouses: (1) the premarital property of one of the spouses; Compensation or compensation obtained by one of the (II) for personal injury; (III) property determined to belong to one party in the will or gift contract; daily necessities dedicated to one of the (IV) parties; (V) other property that should belong to one party. Note: According to Article 30 of the Judicial Interpretation of Marriage and Family Compilation, military casualty insurance, disability subsidies, and medical living allowances are personal property. According to Article 31 of the Judicial interpretation of Marriage and Family, Article 1063 of the Civil Code stipulates that the personal property of one of the spouses shall not be transformed into the joint property of the husband and wife as a result of the continuation of the marriage relationship. Unless otherwise agreed by the parties. 9. What is the right of family affairs agency The right of family affairs agency refers to the right of husband and wife to handle daily family affairs on behalf of each other. As long as it is family expenses, either party of the husband and wife has a separate right to handle family affairs. When exercising the right of family affairs agency, regardless of whether the other party knows or recognizes the agency act, both husband and wife shall bear joint and several liability for the legal consequences of the act. According to Article 1060 of the Civil Code, civil legal acts performed by one of the spouses due to the daily needs of the family shall have effect on both spouses, unless otherwise agreed by one of the spouses and the counterparty. Restrictions between husband and wife on the scope of civil juristic acts that may be performed by one party shall not be used against a bona fide counterpart. 10. Can I claim the return of bride price after marriage? Yes, but there are restrictions. First, I have registered my marriage but have not lived together. Second, I have made it difficult for the payer to live before marriage. However, the above conditions are subject to divorce. According to Article 5 of the Judicial Interpretation of the Marriage and Family Compilation, if the parties request the return of the bride price paid in accordance with the custom, the people's court shall support it if it is found that the following circumstances are found: (1) the two parties have not gone through the marriage registration procedures; the (II) parties have gone through the marriage registration procedures but have not lived together; (III) pre-marital payment and cause difficulties for the payer. The application of the provisions of items 2 and 3 of the preceding paragraph shall be conditional on the divorce of both parties.