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What if one party breaches the contract after divorce?

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What if one party breaches the contract after divorce?


        

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  • 2024-06-23 01:00:47

    Agreed divorce is also called consensual divorce or registered divorce. In China's Marriage Law, it is called consensual divorce, which refers to the divorce mode in which the marriage relationship is dissolved by the agreement of both parties. If one party reneges after divorce by agreement, what should be done?
    The property division agreement signed voluntarily by both parties at the time of divorce registration is binding on both parties. However, under certain conditions, it can be re divided through litigation.
    The people's court will accept a case where the man and the woman renege on the property division within one year after the divorce agreement and request to change or cancel the property division agreement. However, if the people's court, after hearing the case, finds that there is no fraud or coercion when concluding the property division agreement, it will reject the litigant's claim according to law.
    If the two parties fail to reach an agreement on divorce, and one party reneges in the divorce proceedings, the people's court shall determine that the property division agreement has not come into force, and divide the joint property of the husband and wife according to the actual situation.
    After the divorce is registered, if the party concerned makes a claim for damages to the people's court on the grounds of Article 46 of the Marriage Law, the people's court shall accept it. However, if the party concerned has explicitly abandoned the request at the time of divorce agreement, or raised it one year after the divorce registration procedures were handled, it shall not be supported.
    If one party reneges after divorce by agreement, it shall apply to the original marriage registration authority for settlement. The marriage registration authority shall make corresponding treatment according to the specific circumstances and reasons of the application of the parties. If one party wants to reunite the husband and wife, and the other party also agrees, both parties can jointly apply for remarriage registration at the marriage registration authority in the place where one party's household registration is located.
    Article 35 of the Marriage Law of the People's Republic of China
    [Remarriage] After divorce, if both men and women wish to resume their husband and wife relationship, they must go to the marriage registration office to register for remarriage.
    Article 46 of the Marriage Law of the People's Republic of China
    [Compensation for damages] If one of the following circumstances leads to divorce, the no fault party has the right to request compensation for damages:
    (1) Bigamy;
    (2) The person with spouse cohabits with another person;
    (3) Domestic violence;
    (4) Maltreating or abandoning family members.

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