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New provisions on divorce in July 2023
New provisions on divorce:

First of all, the new divorce regulations will pay more attention to the distribution of marital property. In the past, the result of property distribution after divorce was very random. However, the new regulations will pay more attention to the fair distribution of husband and wife's property, and at the same time stipulate a detailed distribution plan. Before the divorce, the husband and wife need to liquidate the property and jointly count the value of the property. According to the distribution plan put forward by one spouse, the other spouse joins without objection, which can be used as the basis for distributing property after verification by the court or notary office;

Second, the new regulations will pay more attention to the support of underage children. The new regulations clearly state that the rights and interests of children should be given priority in raising minor children after divorce. If the husband and wife can't reach an agreement, the court will decide the custody and visiting rights according to the specific situation of the child and the ability of both parties to support them. At the same time, the new regulations clearly stipulate measures such as fines and enforcement in violation of guardianship decisions to better protect the rights and interests of underage children;

Third, the new regulations will pay more attention to the maintenance of pre-marital property. Husband and wife can reach an agreement not to infringe on each other's pre-marital property when they are newly married. If the husband and wife do not abide by the agreement, there will be a problem of illegal breach of contract;

Fourth, the new regulations will pay more attention to domestic violence. The new regulations will pay more attention to combating domestic violence and strengthen the protection of victims. If one spouse commits violence in the family, the other spouse may request the court to punish his behavior and obtain the corresponding protection order. These protection orders usually include injunction, multi-party hearing, court hearing, habeas corpus and emergency protection order.

The Civil Code has made the following new provisions on divorce:

1. Added the cooling-off period for divorce. If one of the spouses repents of the divorce after the divorce, he can withdraw his divorce application within 30 days.

2. After a clear judgment that divorce is not allowed, if one party files a divorce lawsuit again after a year of separation, the court shall grant divorce;

3. Increase the profligate property of one spouse, and the court may give him less points or not share the common property with the profligate spouse at the time of divorce.

According to the provisions of the Civil Code and the Regulations on Marriage Registration, if a man and a woman divorce voluntarily, they must go to the marriage registration office for divorce registration (the marriage registration office is the people's government of a township, nationality township or town in rural areas, and the civil affairs department of the people's government of a city without districts in cities). The process is as follows:

1, application. Both men and women voluntarily agree to divorce, and both parties applying for divorce should apply for divorce in person at the marriage registration office where one party's account is located with the household registration certificate, resident identity card, letter of introduction issued by the unit, villagers' committee or residents' committee, divorce agreement and marriage certificate.

2. review. The marriage registration authority strictly examines the divorce application according to law, mainly examining whether the two parties are really willing, and whether they have reached an agreement on matters such as child support, financial assistance to one spouse's life difficulties, property and debt handling.

3. recognition. For those who meet the conditions of voluntary divorce stipulated in the Civil Code, the registration authority shall grant registration, issue divorce certificates and cancel marriage certificates within one month from the date of accepting the application. The relationship between husband and wife shall be dissolved immediately after the parties obtain the divorce certificate.

You can sue for divorce.

1. One party suffers from marital diseases prohibited by law, or one party has physical defects, or cannot have sexual relations for other reasons, which is difficult to cure.

2. Lack of understanding before marriage, hasty marriage, failure to establish a relationship between husband and wife after marriage, and difficulties in living together.

3. Concealing mental illness before marriage, which cannot be cured after marriage, or marrying the other party knowing that he is mentally ill before marriage, or one of the spouses is mentally ill and cannot be cured for a long time during their common life.

4. One party cheats the other party, or cheats to get a marriage certificate in marriage registration.

After the marriage registration, the two sides have never lived together and there is no possibility of reconciliation.

6, arranged, buying and selling marriage, after marriage, one party immediately filed for divorce, or although they have lived together for many years, they have not established the feelings of husband and wife.

7. Separated for 3 years due to emotional disharmony, there is no possibility of reconciliation, or the people's court ruled that divorce is not allowed, separated for 1 year, and failed to perform the obligations of husband and wife.

8. If one party commits adultery or illegally cohabits with others, and still shows no repentance after education, it is really impossible for the innocent party to sue for divorce, or the wrong party sues for divorce, and the other party does not agree to divorce. After criticism, education and punishment, or after the people's court decides that divorce is not allowed, the wrong party may sue for divorce again.

9. One party bigamy, the other party filed for divorce.

10, one party likes to relax and hates work, has bad hobbies such as gambling, fails to fulfill family obligations, and refuses to change after repeated education, making it difficult for husband and wife to live together.

1 1. One party is sentenced to long-term imprisonment according to law, or its illegal and criminal acts seriously hurt the feelings of husband and wife.

12, one party's whereabouts were unknown for two years, and the other party filed a divorce lawsuit, but it was found that there was no whereabouts after the announcement.

13, abused or abandoned by the other party, or abused or abused by the other party's relatives, and the other party did not understand after education.

I hope the above content can help you. If in doubt, please consult a professional lawyer.

Legal basis:

Article 1076 of the Civil Code

If the husband and wife voluntarily divorce, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.

Article 1077

Cooling-off Period for Divorce Within 30 days from the date when the marriage registration office receives the application for divorce registration, if either party is unwilling to divorce, it may withdraw the application for divorce registration from the marriage registration office.

Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.

Article 1079

If one of the spouses requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.

Article 1092

Legal Consequences of One Party's Infringement on the Joint Property of Husband and Wife If one of the spouses conceals, transfers, sells off, damages or squanders the joint property of husband and wife, or forges the joint debt of husband and wife in an attempt to occupy the other party's property, when divorcing and dividing the joint property of husband and wife, it may be divided less or not. After the divorce, if the other party finds the above-mentioned behavior, it may bring a lawsuit to the people's court and request to divide the joint property of husband and wife again.