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The property has not been divided. Can the court award divorce

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The property has not been divided. Can the court award divorce


        

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  • 2024-06-22 11:01:45

    Divorce is a legal act in which both husband and wife dissolve their marriage relationship and terminate their rights and obligations through agreement or litigation. If both parties wish to divorce, they can divorce by agreement. If one party does not want to divorce, it can bring a lawsuit for divorce in the court.
    Article 31 of the Marriage Law stipulates: "Divorce is allowed if both men and women wish to divorce. Both parties must apply for divorce at the marriage registration office. The marriage registration office will issue a divorce certificate when it is ascertained that both parties are indeed willing and have properly handled the problems of children and property."
    Article 32 stipulates: "If one of the men and women requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court. The people's court shall mediate when hearing a divorce case; if the relationship has really broken down and the mediation is invalid, the divorce shall be granted."
    In other words, if both parties clearly express their willingness to divorce and reach an agreement on matters such as child rearing and property division, they can go to the Civil Affairs Bureau to handle divorce procedures by means of divorce agreement. If there is a dispute over the division of property and no consensus can be reached, then you can choose to go to the court for divorce. If the people's court believes that the relationship between husband and wife is broken after trial, it will make a divorce judgment. For property issues, the court will make a division judgment according to the law.
    Article 31 of the Marriage Law of the People's Republic of China, if both men and women divorce voluntarily, divorce shall be granted. Both parties must apply for divorce at the marriage registration office. The marriage registration authority shall issue a divorce certificate when it finds out that both parties are indeed willing and have properly dealt with children and property issues.
    Article 32 of the Marriage Law of the People's Republic of China, if one of the men and women requests divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.
    When hearing divorce cases, the people's courts shall conduct mediation; If the relationship has really broken down and the mediation is invalid, divorce shall be granted.
    Divorce shall be granted if mediation fails under any of the following circumstances:
    (1) Bigamy or cohabitation of a married person with another person;
    (2) Committing domestic violence or maltreating or abandoning family members;
    (3) Those who have bad habits such as gambling and drug abuse and refuse to change after repeated education;
    (4) Separated for two years due to emotional discord;
    (5) Other situations that lead to the breakdown of the relationship between husband and wife.
    Divorce shall be granted if one party is declared missing and the other party files a divorce lawsuit.

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