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How to distribute the post natal divorce property

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How to distribute the post natal divorce property


        

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  • 2024-06-25 05:01:44

    In principle, the distribution of property tends to be more favorable to the woman who proposes divorce after childbirth. In addition, according to Article 34 of the Marriage Law, during pregnancy, within one year after childbirth, or within six months after the termination of pregnancy, the husband shall not apply for divorce. This restriction shall not apply if the wife applies for divorce, or if the people's court deems it necessary to accept the husband's divorce request. If both parties agree to divorce, or the woman has serious fault in divorce, then both parties can divorce, but the issue of property distribution should be based on the principle of equal distribution of common property, which has nothing to do with the age of the child. According to the provisions of Article 42 of the Marriage Law, if one party has difficulties in life during divorce, the other party should give appropriate help from his or her personal property such as housing. The specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

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