Life is precious and short, and the greatest significance lies in fulfillment, rather than entanglement and consumption with persistence.
But divorce is not a trivial matter, in addition to the fact that there are too many ties between husband and wife, it is also a major turning point in one's life destiny. Each of us must be strict, high-level, and serious about this matter.
In the past, the marriage law did not specify the conditions for divorce, and young couples could easily choose to part ways if they were not in harmony or other reasons.
However, starting from October 1, 2023, the mainland's marriage law will undergo a huge change, and at the same time, divorce will become more stringent.
From the new regulations, it can be understood that except for special circumstances such as major conflicts in the family or domestic violence, divorce will no longer be easily approved in the future.
The main purpose of this stricter treatment of divorce is to establish a fairer and more stable marriage system to ensure that every family can achieve happiness and harmony.
In addition, there are several major changes to the new provisions of the Marriage Law, let's take a look at them together:
01 Introduce a "cooling-off period" mechanism.
It is understood that the introduction of the new cooling-off period stipulates that parties applying for divorce need to undergo a cooling-off period, with a minimum of 30 days.
The introduction of this cooling-off period is intended to give couples time to think and communicate to reduce the possibility of impulsive divorce, and also to help couples re-examine their relationship with each other, giving them a chance to rebuild their relationship.
It is worth mentioning that the "cooling-off period" for divorce registration newly added in the Civil Code is mainly aimed at the agreed divorce of the Civil Affairs Bureau, that is, the two have reached an agreement on the custody of the children and the division of property, and then go to the marriage registration authority to apply for divorce registration, and the application can only be handled at the scene after an interval of 30 days.
The normal trial time limit for the first instance after filing a lawsuit is 3 to 6 months, and the cooling-off period is actually covered in this process from the perspective of time.
In addition, the standards for the people's courts to adjudicate divorce cases are:
First, if the relationship between the husband and wife has not broken down, then the judgment will be made to dismiss the claim:
1. If one of the spouses does not agree to the divorce for the first time, and there is no contradiction in principle, then if the relationship between the husband and wife has not completely broken down, the lawsuit will be dismissed.
2. If the other party is laid off and has financial difficulties, and files for divorce for the first time. This will also be dismissed.
Second: In any of the following circumstances, if mediation fails, a divorce shall be granted:
1. If the spouse is bigamy or the spouse is cohabiting with another person;
2. The spouse has domestic violence or abuse;
3. The spouse has gambling, drug abuse and other bad Xi;
4. If it has been two years since they have been separated due to discord between the husband and wife;
5. If one of the parties is declared missing;
6. If one party has a physical defect or other reasons that are unable to have sex, and it is difficult to cure;
7. Divorce is granted if two people marry hastily without understanding each other before marriage, but fail to establish a relationship after marriage, making it difficult to live together.
8. If the other party conceals his mental illness before marriage and does not heal it after marriage, or marries the other party because he knows that he or she is mentally ill before marriage, or if one party suffers from mental illness during the period of living together as husband and wife, and it cannot be cured for a long time.
9. One party deceives the other party, or deceives the other party in marriage registration to obtain the "Marriage Certificate";
10. After the marriage is registered, they have never lived together and cannot be reconciled;
11. Arranged or bought or sold marriages, where one party files for divorce immediately after the marriage, or where they have lived together for many years, but have not yet established a relationship between husband and wife;
12. Where they have been separated for 1 year after a people's court judgment does not allow divorce, and they do not perform their obligations as husband and wife;
13. Where one party commits adultery or cohabitation with another person, and there is still no sign of repentance after education, the party who is not at fault sues for divorce, or the party at fault sues for divorce, and the other party does not agree to the divorce, and after criticism, education, or sanctions, or after the people's court has ruled that divorce is not allowed, the party at fault sues for divorce again, and there is truly no possibility of reconciliation;
14. One party is sentenced to long-term imprisonment in accordance with law, or their illegal or criminal conduct seriously hurts the feelings of the husband and wife.
15. The respondent has been summoned by this court to appear in court without reason, and has not submitted a written defense, and after being tried in absentia in accordance with law, the requesting party has a resolute attitude towards divorce, and may make a judgment for divorce.
02 Increase the protection of property division.
In the past, the division of property in divorce was often the focus of disputes and disputes. With the introduction of the new regulations, the property of the husband and wife will be divided according to the proportion agreed in advance to reduce disputes and conflicts.
In this way, it can not only ensure that the rights and interests of both parties are fully protected after the dissolution of the marriage, but also avoid the complicated and difficult divorce process due to property disputes.
For example, the people's court's criteria for adjudicating divorce cases are clear:
First, the following property acquired by the husband and wife during the marriage relationship shall be jointly owned by the husband and wife:
1. Salary, funds;
2. Income from production and operation;
3. Property acquired by inheritance or gift, except for property determined in a will or gift contract to belong to only one of the husband or wife;
4. Proceeds from intellectual property rights;
5. The income obtained by one party from the investment of personal property;
6. Housing subsidies and housing provident funds actually obtained or should be obtained by both men and women;
7. Pension insurance funds and bankruptcy resettlement compensation that both men and women actually obtain or should obtain;
8. Houses rented by one party before marriage, purchased with joint property after marriage, and registered in the name of one party with a certificate of ownership;
9. After the parties get married, where the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a gift to both husband and wife, except where the parents expressly express the gift to one of the parties.
Second, if one of the following circumstances occurs, it shall be the property of one of the spouses:
1. One of the party's pre-marital assets;
2. Medical expenses, living allowances for the disabled, and other expenses received by one party due to bodily injury;
3. Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4. Daily necessities for one party;
5. Casualty insurance, disability allowance, and medical living allowance for military personnel;
6. Where before the parties get married, the parents contribute to the purchase of a house for both parties, the contribution shall be deemed to be a personal gift to their children, unless the parents expressly express that the gift is made to both parties.
7. During the existence of the marital relationship, the property obtained by the change of the material form of one party's personal property shall be personal property unless otherwise agreed by the parties;
8. Assets before remarriage or remarriage meet the requirements of article 18 of the "Marriage Law" and are personal property;
9. The house is a personal property before marriage when one party pays a down payment with personal property and the house ownership certificate is registered in the name of one party. If the parties jointly pay the mortgage loan during the marriage, the spouse who has acquired the ownership of the house shall return to the other party half of the mortgage loan paid at the time of divorce, and the interest on the bank deposit shall be calculated for the same period.
03 Strengthen the protection of the rights and interests of minors.
In the past, the issue of child support has often become a bitter dispute between divorced couples. After the new rules, the court will give priority to the best interests of the children and determine the ownership of custody through mediation and negotiation.
For couples with children, specific arrangements such as child support responsibilities and child support payments must be made at the time of divorce to ensure that the rights and interests of the children are properly protected, and to protect the healthy growth of the children, so as to reduce the psychological pressure they are subjected to during the divorce process of their parents.
As for the issue of child support after divorce, the people's court also has criteria for adjudicating cases:
The amount of child support may be determined on the basis of the actual needs of the child, the affordability of the parents and the actual level of the local area.
For those with a regular income, maintenance can generally be paid at the rate of 20 to 30 per cent of their monthly income. Where two or more children are supported, the proportion may be appropriately increased, but generally must not exceed 50 percent of the total monthly income.
If there is no fixed income, the amount of maintenance may be determined on the basis of the total income of the year or the average income of the same industry, with reference to the above proportions.
If there are special circumstances, the above proportion may be appropriately increased or decreased.
Moreover, the time for the payment of alimony is not fixed, and it can be one-time or regular if conditions permit. In addition, the period of payment of child support is generally until the child reaches the age of 18.
In addition, if the child is 16 years old but under 18 years old, but is already in work and the income is sufficient to maintain the general standard of living in the locality, then the parents may stop paying child support.
It is worth noting that on the issue of financial compensation in the event of divorce, the people's court also has the following criteria for adjudication:
First, in the event of a divorce, if one party is in financial difficulty, the other party should provide appropriate assistance from his or her personal property such as housing. The specific measures shall be agreed upon by both parties, and if the agreement is not reached, the people's court shall make a judgment.
Second, if you have any of the following circumstances, you will have difficulty in life:
(1) Relying on personal property and the property obtained at the time of divorce, it is impossible to maintain the basic living standard of the local people;
(2): Those who have no place to live after divorce.
In short, the introduction of these new regulations aims to raise the threshold and procedures for divorce, encourage couples to deal with marital issues more rationally, and reduce unnecessary conflicts and disputes.
At the same time, we also strive to protect the rights and interests of vulnerable groups and avoid harm to children and others through divorce.
According to the data, starting from October 1 last year, the new regulations of the marriage law will completely change the face of divorce. Based on this, whether you're at the crossroads of your marriage right now, or just interested in the topic, it's important to keep an eye out for these important changes.
In the future, it is believed that these new rules will have a positive impact on marriage and bring a better future to more families.
Wan Ziwen said: Every word of the article was typed out by me, and I clicked "watching" to let me know that you are also "doing your best" for life.