Common sense of marriage law 1. 10 What common sense of marriage law should I know?
10 The common sense of marriage law is as follows: 1. Marriage age: men are over 22 years old and women are over 20 years old.
2. Information required for marriage registration: original ID cards of both parties and original household registration books of both parties. 3. Husband and wife have the same property: salary and bonus; Income from production and operation; Intellectual property income; Inheriting or donating property, unless it is expressly given to one party; Other property that should be owned by * * *.
4. The handling organ of divorce by agreement: the civil affairs department or the original marriage registration organ where both parties have their household registration. 5. Information required for divorce by agreement: original ID cards of both parties, original household registration books of both parties, original marriage certificates of both parties, and several one-inch bareheaded photos.
6. The legal reason for divorce decided by the court (litigation divorce): (1) Bigamy or cohabitation of a spouse with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (4) separated for two years due to emotional disharmony; (5) Other circumstances that lead to the breakdown of marriage relationship. 7. Reasons for claiming compensation for mental damage: (1) Bigamy; (2) the spouse cohabits with others; (3) committing domestic violence; (4) maltreating or abandoning family members.
8. Legal reasons for one party to divide or not divide the joint property of husband and wife: concealing, transferring, selling, destroying the joint property of husband and wife, or forging debts in an attempt to occupy the other party's property. 9. Custody of children: For children under two years old, custody generally belongs to the woman; For children between the ages of two and 10, the right of custody is generally determined according to the factors conducive to the growth of the child, and it is necessary to weigh the education, economy, work, personality and other factors of both parties; For children over the age of 10, custody is generally determined according to the wishes of the children.
10, child support: it can be determined according to the actual needs of children, the affordability of both parents and the actual living standards in the local area. If you have a fixed income, you can generally pay the child care fee according to the proportion of 20% to 30% of the total monthly income.
Bear the one-child health care costs of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income. No fixed income, can refer to the above ratio, according to the total income of the year or the average income of the same industry to determine the amount of conservation fees.
Under special circumstances, the above ratio can be appropriately increased or decreased. Generally, alimony is paid monthly until the child 18 is one year old.
2. Knowledge of marriage law
Chapter I General Provisions Article 1 This Law is the basic principle of marriage and family relations.
Article 2 A marriage system featuring freedom of marriage, monogamy and equality between men and women shall be practiced. Protect the legitimate rights and interests of women, children and the elderly.
Implement family planning. Article 3 Arranging, buying and selling marriages and other acts that interfere with the freedom of marriage are prohibited.
It is forbidden to ask for property through marriage. Bigamy is prohibited.
Abuse and abandonment between family members are prohibited. Chapter II Marriage Article 4 Marriage must be completely voluntary by both men and women, and neither party may force the other, and no third party may interfere.
Article 5 The age of marriage shall not be earlier than 22 for men and 20 for women. Late marriage and childbearing should be encouraged.
Article 6 Marriage is prohibited under any of the following circumstances: lineal blood relatives and collateral blood relatives within three generations; Two, suffering from leprosy but not cured or suffering from other diseases that are medically considered unsuitable for marriage. Article 7 If both men and women want to get married, they must go to the marriage registration office for marriage registration in person.
Those who meet the requirements of this law shall be registered, issued a marriage certificate and obtained a marriage certificate, that is, the relationship between husband and wife shall be established. Article 8 After marriage registration, with the consent of both men and women, the woman may become a member of the man's family and the man may also become a member of the woman's family.
Chapter III Family Relations Article 9 Husband and wife have equal status in the family. Article 10 Both husband and wife have the right to use their own names.
Article 11 Both husband and wife have the freedom to participate in production, work, study and social activities, and neither party may restrict or interfere with the other. Article 12 Both husband and wife have the obligation to carry out family planning.
Article 13 The property acquired by husband and wife during the marriage relationship shall be owned by both husband and wife, unless otherwise agreed by both parties. Husband and wife have equal rights to dispose of all property.
Article 14 Husband and wife have the obligation to support each other. When one party fails to perform the maintenance obligation, the party in need of maintenance has the right to ask the other party to pay the maintenance fee.
Fifteenth parents have the obligation to raise and educate their children; Children have the obligation to support and assist their parents. Children who are minors or unable to live independently have the right to ask their parents to pay alimony when their parents fail to fulfill their alimony obligations.
Parents who are unable to work or have difficulties in living have the right to ask their children to pay alimony when they fail to fulfill their alimony obligations. It is forbidden to drown infants and other behaviors that harm infants.
Article 16 Children may take their father's surname or their mother's surname. Article 17 Parents have the right and obligation to discipline and protect their minor children.
When minor children cause damage to the state, the collective or others, parents have the obligation to compensate for economic losses. Article 18 Husband and wife have the right to inherit from each other.
Parents and children have the right to inherit from each other. Nineteenth children born out of wedlock enjoy the same rights as children born in wedlock, and no one may harm or discriminate against them.
The biological father of a child born out of wedlock should bear part or all of the necessary living and education expenses of the child until the child can live independently. Article 20 The state protects the lawful adoptive relationship.
The rights and obligations between adoptive parents and adopted children shall be governed by the relevant provisions of this Law on the relationship between parents and children. The rights and obligations between adopted children and biological parents are destroyed by the establishment of adoption relationship.
Article 21 There shall be no abuse or discrimination between stepparents and stepchildren. The rights and obligations between stepfathers and stepmothers and their stepchildren who are brought up and educated shall be governed by the relevant provisions of this Law on the relationship between father, mother and daughter.
Twenty-second grandparents who have the financial ability have the obligation to support their minor grandchildren whose parents have died. Grandchildren and grandchildren who have the financial ability have the obligation to support their grandparents who died.
Twenty-third brothers and sisters who can afford it have the obligation to support their minor brothers and sisters whose parents are dead or unable to support them. Chapter IV Divorce Article 24 Divorce shall be granted if both men and women divorce voluntarily.
Both parties must apply for divorce at the marriage registry. The marriage registration authority shall issue a divorce certificate immediately if it finds out that both parties really have the will and have properly handled the children and property issues.
Twenty-fifth if a man or a woman asks for a divorce, the relevant departments can mediate or directly bring a divorce lawsuit to the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has really broken down and mediation fails, divorce shall be granted.
Article 26 A spouse of a serviceman who wants a divorce must obtain the consent of the serviceman. Twenty-seventh women during pregnancy and within one year after delivery, the man may not file for divorce.
This restriction shall not apply if the woman files for divorce or the people's court deems it necessary to accept the man's request for divorce. Twenty-eighth after the divorce, both men and women voluntarily restore the relationship between husband and wife, should go through the marriage registration office for remarriage registration.
The marriage registration authority shall register it. Article 29 The relationship between parents and children shall not be eliminated by the divorce of parents.
After divorce, the child is still the child of both parents, whether raised by the father or the mother. After divorce, parents still have the right and obligation to raise and educate their children.
After divorce, the nursing children shall be raised by foster mothers. If the two parties fail to reach an agreement because of a dispute over the upbringing of a child after lactation, the people's court shall make a judgment according to the rights and interests of the child and the specific circumstances of both parties.
Article 30 After divorce, for the children raised by one party, the other party shall bear part or all of the necessary living expenses and education expenses, and the amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment. An agreement or judgment on the child's living expenses and education expenses shall not prevent the child from making a reasonable request to either parent for more than the original amount of the agreement or judgment when necessary.
Article 31 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the woman and children. Article 32 At the time of divorce, the debts incurred by husband and wife due to their common life shall be repaid with the same property.
If the property is insufficient to pay off, it shall be paid off by both parties through agreement; If the agreement fails, the people's court shall make a judgment. Debts borne by a man or a woman alone shall be repaid by her.
Article 33 In the event of divorce, if one party has difficulties in life, the other party shall give appropriate financial assistance.
3. What are the common basic knowledge of marriage law?
The age of marriage should not be earlier than 22 for men and 20 for women.
Direct blood relatives (such as grandparents, parents and children) and collateral blood relatives within three generations (such as cousins, cousins) are prohibited from getting married. Circumstances of invalid marriage ① Bigamy ② Relatives who are forbidden to get married (lineal blood relatives and collateral blood relatives within three generations are forbidden to get married) ③ Those who suffer from diseases that are medically considered unsuitable for marriage before marriage and have not been cured after marriage ④ Those who have not reached the legal age for marriage (male 22, female 20) may apply to the court for declaring the above situation invalid. * * * Property acquired by husband and wife with the same property during the marriage relationship (that is, from the date of obtaining the marriage certificate to the date of obtaining the divorce certificate)
In divorce, property is generally divided equally, and sometimes the fault party is considered to be divided more. Property of one spouse ① Property acquired by one spouse before marriage ② Medical expenses, living allowance for the disabled and other expenses obtained by one spouse due to physical injury; (3) property that is determined to be given only to the husband or wife in the will or gift contract (4) daily necessities of the husband or wife (such as clothes, cosmetics, etc.). ); Under normal circumstances, the money borrowed by the husband or wife from others is repaid by both husband and wife with the same property.
However, if others know that the husband and wife have signed an agreement that the property belongs to each other, the husband or wife will repay the debt to the person. Under normal circumstances, the repayment of husband and wife's debts, even if divorced, is also the repayment of the other party's debts.
If one party to a revocable marriage marries the other party by threats or coercion, the threatened or coerced party may request the Civil Affairs Bureau or the people's court to revoke the marriage. However, the request for cancellation must be made within one year from the date of marriage.
Children of adoptive parents need to register for adoption, and the rights and obligations between adoptive parents and biological parents (such as support, maintenance, etc.) are eliminated because of the establishment of adoption relationship. Stepparents' stepchildren are raised by stepfathers or stepmother, and their relationship shall be governed by the relevant provisions of the Marriage Law on the relationship between parents and children.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, the people's court shall grant divorce. Circumstances in which divorce should be granted (1) 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; If one party is declared missing and the other party files a divorce lawsuit, the court shall grant the divorce.
Under special circumstances, divorced women may not file for divorce during pregnancy, within one year after delivery or within six months after abortion (including induced abortion). The woman can file for divorce at any time.
Only when the man can prove that the child belongs to someone else can he file for divorce.
4. Common sense of marriage law
1. Children under two years old usually live with their parents. In any of the following circumstances, their parents can live with their parents:
(1) Suffering from infectious diseases or other serious diseases that cannot be cured for a long time, and it is not suitable for children to live with them;
(2) there are conditions for raising children, but parents require their children to live with them;
(3) For other reasons, children really cannot live with their parents.
2. If both parents agree that children under two years old will live with their parents, which will have no adverse effects on their healthy growth, it can be allowed.
For minor children over two years old, both parents require to live with them. In any of the following circumstances, priority can be given:
(1) has been sterilized or lost fertility for other reasons;
(2) the children have lived for a long time, and changing the living environment is obviously not conducive to the healthy growth of their children;
(3) There are no other children, and the other party has other children;
(4) Children living with their children are conducive to their growth, while the other party suffers from infectious diseases or other serious diseases that cannot be cured for a long time, or there are other conditions that are not conducive to their physical and mental health and are not suitable for living with their children.
The conditions for parents to raise their children are basically the same. Both sides require children to live with their parents. However, if the children have lived alone with their grandparents for many years, and the grandparents require and have the ability to help the children take care of their grandchildren, they can be considered as a priority condition for the children to live with their parents.
5. If parents have disputes about parents living with their father or mother, parents should consider the opinions of minor children over 0/kloc-0.
6. On the premise of protecting children's interests, if both parents agree to take turns to raise children, permission is feasible.
5. What are the common sense of marriage law?
Common knowledge of marriage law: 1, marriage age: male over 22 years old, female over 20 years old.
2. Information required for marriage registration: original ID cards of both parties and original household registration books of both parties. 3. Husband and wife have the same property: salary and bonus; Income from production and operation; Intellectual property income; Inheriting or donating property, unless it is expressly given to one party; Other property that should be owned by * * *.
4. The handling organ of divorce by agreement: the civil affairs department or the original marriage registration organ where both parties have their household registration. 5. Information required for divorce by agreement: original ID cards of both parties, original household registration books of both parties, original marriage certificates of both parties, and several one-inch bareheaded photos.
6. The legal reason for divorce decided by the court (litigation divorce): (1) Bigamy or cohabitation of a spouse with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (4) separated for two years due to emotional disharmony; (5) Other circumstances that lead to the breakdown of marriage relationship. 7. Reasons for claiming compensation for mental damage: (1) Bigamy; (2) the spouse cohabits with others; (3) committing domestic violence; (4) maltreating or abandoning family members.
8. Legal reasons for one party to divide or not divide the joint property of husband and wife: concealing, transferring, selling, destroying the joint property of husband and wife, or forging debts in an attempt to occupy the other party's property. 9. Custody of children: For children under two years old, custody generally belongs to the woman; For children between two years old and 10 years old, the right of custody is generally determined according to the factors that are conducive to the growth of the child, and it is necessary to measure the education, economy, work, personality and other factors of both parties; For children over the age of 10, custody is generally determined according to the wishes of the children.
10, child support: it can be determined according to the actual needs of children, the affordability of both parents and the actual living standards in the local area. If you have a fixed income, you can generally pay the child care fee according to the proportion of 20% to 30% of the total monthly income.
Bear the one-child health care costs of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income. No fixed income, can refer to the above ratio, according to the total income of the year or the average income of the same industry to determine the amount of conservation fees.
Under special circumstances, the above ratio can be appropriately increased or decreased. Generally, alimony is paid monthly until the child 18 is one year old.
6. 10 What is the common sense of marriage law?
It can be summarized as: 1. Marriage age: men are over 22 years old and women are over 20 years old.
2. Information required for marriage registration: original ID cards of both parties and original household registration books of both parties. 3. Husband and wife have the same property: salary and bonus; Income from production and operation; Intellectual property income; Inheriting or donating property, unless it is expressly given to one party; Other property that should be owned by * * *.
4. The handling organ of divorce by agreement: the civil affairs department or the original marriage registration organ where both parties have their household registration. 5. Information required for divorce by agreement: original ID cards of both parties, original household registration books of both parties, original marriage certificates of both parties, and several one-inch bareheaded photos.
6. The legal reason for divorce decided by the court (litigation divorce): (1) Bigamy or cohabitation of a spouse with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (4) separated for two years due to emotional disharmony; (5) Other circumstances that lead to the breakdown of marriage relationship. 7. Reasons for claiming compensation for mental damage: (1) Bigamy; (2) the spouse cohabits with others; (3) committing domestic violence; (4) maltreating or abandoning family members.
8. Legal reasons for one party to divide or not divide the joint property of husband and wife: concealing, transferring, selling, destroying the joint property of husband and wife, or forging debts in an attempt to occupy the other party's property. 9. Custody of children: For children under two years old, custody generally belongs to the woman; For children between two years old and 10 years old, the right of custody is generally determined according to the factors that are conducive to the growth of the child, and it is necessary to measure the education, economy, work, personality and other factors of both parties; For children over the age of 10, custody is generally determined according to the wishes of the children.
10, child support: it can be determined according to the actual needs of children, the affordability of both parents and the actual living standards in the local area. If you have a fixed income, you can generally pay the child care fee according to the proportion of 20% to 30% of the total monthly income.
Bear the one-child health care costs of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income. No fixed income, can refer to the above ratio, according to the total income of the year or the average income of the same industry to determine the amount of conservation fees.
Under special circumstances, the above ratio can be appropriately increased or decreased. Generally, alimony is paid monthly until the child 18 is one year old.
7. What is the common sense of marriage law that must be known?
1. Marriage age: male over 22 years old, female over 20 years old.
2. Information required for marriage registration: original ID cards of both parties and original household registration books of both parties. 3. Husband and wife have the same property: salary and bonus; Income from production and operation; Intellectual property income; Inheriting or donating property, unless it is expressly given to one party; Other property that should be owned by * * *.
4. The handling organ of divorce by agreement: the civil affairs department or the original marriage registration organ where both parties have their household registration. 5. Information required for divorce by agreement: original ID cards of both parties, original household registration books of both parties, original marriage certificates of both parties, and several one-inch bareheaded photos.
6. The legal reason for divorce decided by the court (litigation divorce): (1) Bigamy or cohabitation of a spouse with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (4) separated for two years due to emotional disharmony; (5) Other circumstances that lead to the breakdown of marriage relationship. 7. Reasons for claiming compensation for mental damage: (1) Bigamy; (2) the spouse cohabits with others; (3) committing domestic violence; (4) maltreating or abandoning family members.
8. Legal reasons for one party to divide or not divide the joint property of husband and wife: concealing, transferring, selling, destroying the joint property of husband and wife, or forging debts in an attempt to occupy the other party's property. 9. Custody of children: For children under two years old, custody generally belongs to the woman; For children between the ages of two and 10, the right of custody is generally determined according to the factors conducive to the growth of the child, and it is necessary to weigh the education, economy, work, personality and other factors of both parties; For children over the age of 10, custody is generally determined according to the wishes of the children.
10, child support: it can be determined according to the actual needs of children, the affordability of both parents and the actual living standards in the local area. If you have a fixed income, you can generally pay the child care fee according to the proportion of 20% to 30% of the total monthly income.
Bear the one-child health care costs of more than two children, the proportion can be appropriately increased, but generally not more than 50% of the total monthly income. No fixed income, can refer to the above ratio, according to the total income of the year or the average income of the same industry to determine the amount of conservation fees.
Under special circumstances, the above ratio can be appropriately increased or decreased. Generally, alimony is paid monthly until the child 18 is one year old.
8. Knowledge of Marriage Law
China's marriage law stipulates that both husband and wife have the obligation to support each other during the legal relationship.
Now your friend can ask for a divorce. There are two ways to divorce. One is divorce by agreement, that is, both parties reach a divorce agreement and also have an agreement on property division. In this way, you only need to bring your ID card, household registration book and divorce agreement to the civil affairs bureau where either party is registered.
The other is litigation divorce, that is, the court decides divorce. Usually this applies to couples whose adjustment is invalid and the division of property cannot be agreed. However, there are certain requirements for the judgment of divorce in China. (1) Bigamy, cohabitation with one of them, domestic violence or abuse, and emotional disharmony and separation for two years meet the above conditions, and judges will basically decide divorce at one time. In other cases based on emotional breakdown, the first application will be rejected in practice, and then the divorce will be approved again every six months. Your friend wants to divorce in that way.
Secondly, after the divorce, your friend can ask for financial compensation after the divorce because the man failed to support himself in the marriage. Unlike financial compensation, this is based on the husband's fault leading to divorce, such as an affair, and the woman can ask for compensation. )
Finally, the second marriage is not easy to come together, and the children are all adults. As the saying goes, "an old wife", let your friend and her husband open their hearts and have a good talk. Problems can always be solved. After all, divorce is also a hassle.
I wish your friend happiness.
9. Please briefly describe the conditions of marriage according to the basic knowledge of marriage law.
The establishment of marriage, also known as marriage, is the legal act of a man and a woman becoming husband and wife, and it is also the legal basis for the occurrence of rights and obligations of husband and wife.
1. The elements of marriage include substantive elements and formal elements. Substantial elements are also called the conditions that the parties themselves and their relationship must meet, and formal elements are also called marriage procedures, which refer to the marriage procedures and methods stipulated by law. The essential elements of marriage can be divided into essential conditions and forbidden conditions. Necessary conditions, also known as positive elements, refer to the indispensable conditions that both parties must have. Prohibition condition, also known as negative condition, or marriage obstacle, refers to the situation that marriage is not allowed by law.
2. Article 5 of the Marriage Law stipulates: "Marriage must be completely voluntary by both men and women, and neither party may force the other, and no third party may interfere". Article 6 states: "The age of marriage shall not be earlier than 22 for men and 20 for women.
Late marriage and childbearing should be encouraged. "Article 7 stipulates:" Marriage is prohibited under any of the following circumstances: (1) lineal blood relatives and collateral blood relatives within three generations; (2) Suffering from diseases that are medically considered unsuitable for marriage ".
Article 8 stipulates: "If both men and women want to get married, they must go to the marriage registration office in person. Those that meet the requirements of this law shall be registered and issued.
Getting a marriage certificate is equivalent to determining the relationship between husband and wife. Those who have not registered for marriage shall re-register.
According to the above regulations, the essential elements of marriage in China are: 1. Its essential elements are: (1) both men and women are completely voluntary; (two) both men and women have reached the legal age of marriage; (three) a man and a woman married, in line with monogamy. 2. Prohibition conditions for marriage: (1) Marriage between lineal blood relatives is prohibited; (2) it is forbidden to intermarry by collateral blood relatives within three generations; (3) Suffering from diseases that are medically considered unsuitable for marriage.
3. The procedural conditions for marriage are as follows: both men and women go to the marriage registration office to register their marriage in person and get a marriage certificate. Both parties must fulfill their rights and obligations when establishing a husband-wife relationship.