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Can I appeal within one year after divorce

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Can I appeal within one year after divorce


        

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  • 2024-06-25 18:00:02

    When we reach the end of the marriage and end the marriage relationship and go through the divorce procedures, the two parties will sometimes continue to have conflicts due to various problems, and then renege on the original divorce agreement or find that the other party has hidden property. At this time, it is often impossible to solve the problem through negotiation. So can we still file a lawsuit on the above issues after divorce?
    This needs to be distinguished according to the situation. If it is a matter of reneging on the issue of property division in the divorce agreement, and the request for changing or revoking the property division agreement needs to be made within one year after divorce, and if there is fraud, coercion and other circumstances when concluding the property division agreement, the court may re divide the property. If it is discovered after divorce that the other party conceals, transfers, sells, damages the joint property of the husband and wife, or forges debts in an attempt to occupy the other party's property, a lawsuit for division of the property can be filed within two years after the discovery to request another division of the joint property of the husband and wife.
    Legal basis:
    Article 47 of the Marriage Law of the People's Republic of China
    [Concealment, transfer of common property, etc.] When divorcing, if one party conceals, transfers, sells, damages the joint property of the husband and wife, or forges debts to attempt to occupy the other party's property, when dividing the joint property of the husband and wife, the party who conceals, transfers, sells, damages the joint property of the husband and wife or forges debts may be given less or no share. After divorce, if the other party finds that he or she has committed any of the above acts, he or she may file a lawsuit with the people's court to request another division of the husband and wife's common property.
    The people's court shall, in accordance with the provisions of the Civil Procedure Law, impose sanctions on acts that impede civil proceedings as prescribed in the preceding paragraph.

    End***

    2024-06-25 18:00:02

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