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Why divorce cannot be arbitrated

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Why divorce cannot be arbitrated


        

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  • 2024-06-25 18:00:48

    When encountering divorce disputes, some people also want to apply for arbitration, but they are told that divorce disputes are not applicable to arbitration. So why can't divorce disputes be arbitrated? Because the arbitration law clearly excludes divorce disputes from the scope of arbitration. Divorce disputes include disputes between husband and wife on whether to dissolve the marriage relationship, or disputes on property division and child rearing. Compared with other civil disputes, divorce disputes have the following main characteristics:
    (1) The content of the dispute is to maintain or dissolve the husband wife relationship between the two parties. If both parties have common property and children, the problem of division of common property and child rearing shall be solved at the same time when the status relationship is dissolved;
    (2) There is a special identity relationship between the parties to the dispute, that is, husband and wife relationship;
    (3) The relationship between husband and wife is the most important case fact. The marriage relationship is based on the feelings of husband and wife. When the feelings of husband and wife break, the parties will apply for divorce;
    (4) The privacy of the parties is involved to varying degrees. After a dispute between the parties, it will always involve all aspects of their common life, many of which are life secrets that the parties are unwilling to disclose.
    Legal basis:
    Article 3 of the Arbitration Law of the People's Republic of China
    The following disputes cannot be arbitrated:
    (1) Disputes over marriage, adoption, guardianship, support and inheritance;
    (2) Administrative disputes that should be handled by administrative organs according to law.

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