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My husband cheated. I want to divorce. I want to write a divorce agreement first, and then

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My husband cheated. I want to divorce. I want to write a divorce agreement first, and then


        

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  • 2024-06-23 05:01:44

    If the parties want to divorce, they need to prepare the indictment in duplicate, the original marriage certificate, ID card and photocopy, as well as litigation costs, and go to the people's court of the defendant's habitual residence or domicile to file a divorce lawsuit.
    After hearing, the court will decide whether to grant divorce according to whether the couple's feelings have been broken.
    In the trial of divorce cases, the people's court should distinguish whether the couple's feelings have really broken when granting or not granting divorce. To judge whether the relationship between husband and wife has really broken, a comprehensive analysis should be made from such aspects as the basis of marriage, the feelings after marriage, the reasons for divorce, the status quo of the relationship between husband and wife, and whether there is a possibility of reconciliation.
    At the same time, in general, personal property before marriage belongs to each other, and joint property after marriage is divided according to law.
    Definition of joint property of husband and wife:
    The property obtained by both or one of the spouses during the marriage relationship is called the joint property of the husband and wife, which shall be jointly owned and controlled by the husband and wife. The joint property of husband and wife mainly includes the following properties:
    (1) Wages, bonuses, allowances and other wage income of both spouses or one spouse
    (2) Income from production and operation of both husband and wife or one of them
    (3) The income obtained by the couple or one of them through their intellectual property rights. It refers to the property income that is actually obtained or has been clearly available during the duration of the marital relationship between husband and wife
    (4) Property inherited or donated by both or one of the husband and wife, except for the property specified in the will or gift contract that only belongs to the husband or wife
    (5) Other properties that should be jointly owned by the husband and wife mainly refer to:
    (1) During the duration of the marriage relationship, the income obtained by one of the husband and wife through personal property investment
    (2) Housing subsidies and housing provident fund actually obtained or should be obtained by both men and women during the marriage relationship
    (3) The endowment insurance benefits and bankruptcy resettlement compensation actually obtained or should be obtained by both men and women during the marriage relationship.
    The husband and wife have equal rights to deal with and control the property jointly owned by the husband and wife. Here, equal rights to deal with and control the property have two meanings. The first meaning is that the husband or wife has equal rights to deal with the property jointly owned by the husband and wife. If the joint property of the husband and wife is disposed of for the needs of daily life, either party has the right to decide that the second meaning is that the husband or wife should make an important decision to dispose of the joint property of the husband and wife not for the needs of daily life. The husband and wife should negotiate equally to reach an agreement. If others have reason to believe that it is the common intention of both husband and wife, the other party shall not oppose the bona fide third party on the ground of disagreement or ignorance.
    The Marriage Law stipulates that the property before marriage belongs to one of the spouses. The relevant provisions are as follows:
    Article 18 Under any of the following circumstances, it shall be the property of the husband and wife:
    (1) Premarital property of one party;
    Article 19
    The husband and wife may agree that the property acquired during the marriage relationship and the premarital property shall belong to their own ownership, joint ownership, or part of their own ownership, part of their joint ownership. The agreement shall be in writing. In the absence of an agreement or unclear agreement, the provisions of Articles 17 and 18 of this Law shall apply. (Note to the introducer: Article 17 and 18 herein refer to the fact that most of the property during the duration of the husband and wife relationship is jointly owned, and the premarital property and other eligible property belong to one party)
    The agreement between husband and wife on the property acquired during the period of marriage and the property before marriage shall be binding on both parties.
    If the husband and wife agree that the property acquired during the marriage relationship shall belong to each other, and the debts of the husband or wife to the outside world are known to the third party, the property owned by the husband or wife shall be used to pay off.
    Article 46 of the Marriage Law stipulates that the faultless party has the right to claim damages if one of the following circumstances leads to divorce:
    (1) Bigamy;
    (2) The person with spouse cohabits with another person;
    (3) Domestic violence;
    (4) Maltreating or abandoning family members.
    According to the provisions of the law, the court may support only if the fault party has the above legal circumstances and the non fault party files a claim for compensation.

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