What is the divorce process with property division?

1、 Yes Division of property Of divorce What is the process?

Between separated couples common property When the mediation fails, the judgment shall be made after the mediation. That is, the parties shall first negotiate and come up with a division plan, which shall be reviewed and confirmed by the court; If the divorce parties fail to reach an agreement through consultation, the court should first propose a division plan to enable the parties to reach an agreement on the division of property on the basis of mutual understanding and mutual accommodation. If the mediation agreement still cannot be reached, a judgment shall be made according to law.

1. Administrative procedures. That is, both parties voluntarily Divorce procedure 。 Voluntary divorce Both men and women must apply for divorce in person at the registration office of one party's residence. Marriage registration The organ shall approve or disapprove the registration according to law after verifying whether the two parties are really willing and whether they have properly dealt with children and property and life after divorce. Withdrawal upon approval of registration marriage certificate , sent to Divorce certificate 。

2、 litigation Procedure. That is, the procedure for one party to request divorce. The party requesting divorce may file a lawsuit with the people's court where the defendant is located Divorce proceedings 。 After the people's court accepts a divorce case, it first conducts mediation. If the mediation is successful, it will be treated as a withdrawal of the lawsuit. After mediation, it will be reached Divorce agreement , prepare a mediation statement, divorce by agreement ; If the mediation is invalid, the people's court shall make a judgment to approve or disapprove the divorce according to law.

II Divorce property division What are our principles?

1. The principle of equality between men and women.

Marriage Law Provisions: "The property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife, unless otherwise agreed by both parties. The husband and wife have equal rights to deal with jointly owned property." Equality of property rights is an important part of equality between men and women. The husband and wife have equal ownership of the common property, so they have equal right to partition the property at the time of divorce. To common debt , they have equal obligation to repay. Property cannot be awarded only to one party and not to the other party at fault; It is not allowed to take more possession of property as the exchange condition for divorce; It is not allowed that the property belongs to the owner.

2. The principle of caring for the rights and interests of women and children.

Husband and wife have equal right to partition their common property, which does not mean that they will be equally distributed when dividing their common property. Pay attention to the legitimate rights and interests of the wife and children. This is determined by the relatively low economic status of women in China, which is an important supplement to the principle of equality between men and women.

3. Principles conducive to production and life.

When dividing common property, the utility and economic value of the property shall not be damaged. The means of production used or operated by one party shall be distributed to the party using or operating it as much as possible, and the other party may be distributed with other property or be compensated by price. For various means of subsistence, the needs of both parties and their children should also be taken into consideration, and they should be reasonably divided based on facts. If the property is not suitable for division, it shall be reasonably adjusted and priced according to the source and actual needs of the property.

To sum up, the divorce of both husband and wife will involve the division of property, which is also related to the vital interests of both parties. In case of divorce by agreement, both parties shall first make a plan for the division of property. If both parties reach an agreement, it shall be written into Divorce Agreement After that, take the materials to the Civil Affairs Bureau for handling Divorce procedure 。 This is a peaceful solution. If we go through the procedure, we need to go to the court to prosecute and the court will make a judgment.