Divorce and Divorce

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					Divorce and Divorce
??In China, there are two forms of divorce: 1 divorce; 2, divorce
proceedings.
"Marriage Law" LAM: "both parties desire a divorce,
granted a divorce. Both parties must apply for a divorce the marriage
registration office. Marriage registration office, the two sides are
indeed willing to identify their children and property issues have
been adequately addressed, the fat to the divorce certificate.
"refers to the divorce.
"Marriage," the thirty-second article: "a party
requests a divorce, men and women, concerned may carry out mediation,
or divorce proceedings directly to the people's court" means the
divorce proceedings.
Refers to unilateral divorce proceedings the couple filed for divorce,
the other party does not consent or agree to a divorce despite both
sides, but the division of joint property or child support, education
and other issues not reach an agreement, divorce litigants can be
submitted to the People like divorce, courts usually take after
receiving two ways: First, divorce mediation, the parties refer to
divorce mediation in court on property division, child support and
other issues agreed to approve the divorce court and produce Civil
Divorce Mediation books, as a legal instrument of divorce parties.
Second divorce, is the people's court in case mediation fails, the
specific circumstances of the divorce cases on the jointly owned
property and to divorce such as child support.
????The divorce and divorce proceedings, the parties how to choose?

1, Civil Affairs easy divorce proceedings, the parties may be
considered first.
But the divorce agreement is a prerequisite both sides agreed to a
divorce, and on child support, property division, debt obligations and
other issues must all agree, otherwise the building with the agreement
not go through a divorce.
???According to "Marriage Registration Ordinance" Article
Mainland residents voluntarily divorce, both parties shall co-location
of permanent residence to a party the marriage registration department
for divorce registration. Article divorce registration Mainland
residents shall provide the following documents and evidence:
(A) of my booklet, identity cards;
(B) my marriage certificate;
(3) The parties signed the divorce agreement.
Divorce agreement shall set forth the meaning of the parties wish to
divorce and the custody of the children said, property and debt deal
with matters such as consensus.
????Visible, divorce agreement is agreed upon rights and obligations
of both a basic instrument is both a protection of the rights of these
problems with its complexity, if not handled properly, will cause
unnecessary disputes or even the lives of significant future effects,
the parties signed the agreement divorce divorce agreement, it should
hold a cautious attitude should be taken seriously enough, must not
act in haste, should seek professional legal services, if necessary
the best professional divorce attorney, please check .



????To note that although the divorce agreement is different from the
ordinary civil contract, but the signing of a legally binding on both
parties equally. Supreme People's Court on the application of
"The People's Republic of China Marriage Law,"
Interpretation of Several Issues (2) clearly stipulates: "Article
VIII of the divorce agreement on the terms of the division of property
or the division of property in court for divorce on the agreement,
legally binding on both parties . the parties to fulfill the
above-mentioned result of the division of property litigation
involving the dispute, the court should be accepted. Article both men
and women within one year after the divorce division of property
issues go back on, the request to modify or revoke the division of
property agreement, the people's court shall accept. People After
hearing the case found no division of property entered into an
agreement of fraud, duress, it shall dismiss the claims of the
parties. "law is divorced from the procedural safeguards
agreement the parties have the right to go back on the agreement, but
unless one party can provide sufficient evidence to prove that was
coerced, fraud, gross misunderstanding and so on under the auspices,
under normal circumstances the court will not readily support the
revocation of the requested party.

????So the divorce agreement, should be very cautious, the best lawyer
checks, such as not to miss housing subsidies, housing provident fund,
pension insurance, intellectual property, internal equity card the
calculation of tangible and intangible property, increase the hide,
transfer of property in the future penalty clauses, specifically the
payment of maintenance mode and time limit for exercising the right of
way clear to visit time and way of economic help, damage compensation
payments and so on, to avoid complications remain.
????However, a drawback is that the divorce agreement, although the
two sides reached a divorce agreement, but if one party does not trust
and do not perform according to contract obligations in the agreement,
divorce papers do not have the enforceability of the parties needs to
bring a civil action to the court, request the other court agreement
on its content.

????Second, a party requests a divorce, divorce court proceedings can
only choose

Separated from a spouse, or may agree to adhere to divorce, child
support or property but fail to reach agreement, separate, divorce
only through court action. In addition, the spouses divorce, the
parties may also go directly to court.
1, the filing must provide the prosecution of material:
(1) civil complaint in duplicate
(2) copy of marriage certificate
(3) ID card copy of the plaintiff
(4) has purchased real estate license or certificate copy of house
lease, a copy of personal motor vehicle driving permit
(5) an inventory of property, including property name, value,
quantity.
??????(6) Other evidence
????2, the filing and hearing process
Prosecution of the parties to submit materials, to pay costs.
People receive the complaint, it shall within 7 days of Court, and
notify the parties and determine the period of proof, general
procedures for a period not less than 30 days of evidence, the burden
of proof on summary period may be less than 30 days, and accredited
within 5 days from the date complaint send a copy of defendant.
Defendant within 15 days of receipt of defense.
People receiving the defense, within 5 days from the date of the
respondent send a copy of the plaintiff. The defendant did not submit
a defense does not affect the court hearing.
People (in Beijing, for example, Beijing district court generally 10
days from the date of filing -20 days) to determine the date of
hearing, it shall notify the parties in the hearing on the 3rd.
Regular session. Court, shall conduct the mediation, the mediation is
unsuccessful, ruling according to law.

???3 proceedings.
(1) If both parties agree to divorce, the court also asked both sides
to apply the same summary divorce proceedings, the court may then also
be another judge presided over a relatively short time of about
mediation, mediation agreement signed by both parties on the spot in
the divorce court mediation book After the verdict has the same effect
with the effect of one party shall not repent.
Beijing, for example, Beijing district court procedures are simple
convenience, Fengtai District Court also unique holiday launch of
convenience the court Sunday to facilitate the parties to a divorce.

???(2), strongly disagreed divorce if one party or child custody and
property division are more controversial, generally applicable to
summary divorce cases, jurisdiction limits placed on file for the date
from 3 months concluded;
More complex cases, the ordinary procedure, jurisdiction limits for
the self-accredited within 6 months from the date completed. There is
a specific extension, approved by the president of the court, may be
extended for 6 months; further extension, reported to the higher
people's court approval.

???(3), appeal procedures (which is not every case a necessary
procedure, especially for a divorce case)
An appeal against a first instance verdict, the verdict should be
delivered within 15 days from the date up a people's court appeal.
Appeals should be submitted on the petition. The trial court should be
made on the petition, submitted a copy of the appeal fee at the same
time prepaid. The trial court received the petition, shall, within 5
days of the appeal petition, serve a copy of the other party, the
other party received within 15 days from the date of pleadings, court
pleadings shall receive, within 5 days from the date a copy of the
appellant, the other party does not reply does not affect the court
hearing. The trial court received the petition, pleadings, shall,
within 5 days along with all the case files and evidence submitted to
the court of second instance.
Second instance court on appeal, shall form a collegial bench trial.
Full Court saw no need to hold a trial, also can be heard in writing,
may directly judgment.
People's Court on the decision of the appeal shall be the date of
filing in the second instance within 3 months of the conclusion. There
is a specific extension, approved by the president of the court.
Second instance court decision, ruled that a final decision, ruled
that the parties can not appeal.

???(4) retrial procedure (majority of divorce cases do not involve)
If a party has a legally effective decision, ruled that, within two
years, that is wrong, may the trial court or on a people's court for
retrial, but do not stop the judgment's execution. Does not provide
for jurisdiction limits. If a party has a legally effective decision
on dissolution of marriage shall not apply for a retrial.

???(5) six months after the re-prosecution.
According to the "PRC Civil Procedure Law" first °ÙÒ» 11
People's Court found this law to prosecute the 108th section, must be
accepted; on the following prosecution of cases, respectively, to be
addressed: (7) judgments are not allowed to divorce and mediation in a
divorce case, ruling, conciliation cases of adoptive relationship to
maintain, no new circumstances and new grounds, the plaintiff has
prosecuted within six months, not be accepted.

????If not leave the court for a trial, insisted the divorce on the
party, a party only after the verdict again in six months after the
commencement of prosecution, the same procedure to go through more.

????Civil action, "he who evidence" the evidence is
critical, evidence bearing on the success or failure case, in some
ways, a lawsuit to that of evidence! Who proof can not, will take on
the consequences of losing even its own detriment. Court proceedings
should be carefully prepared in accordance with the evidence, the
exchange of evidence before court, ingeniously clever
cross-examination in court, each party is need to seriously, very
seriously, has the best effect of litigation
!

Friend and brother is priceless, Rush, when love has become the past,
when the two sides is best to choose more rational approach, friendly
break up, to avoid protracted v. tired; but when litigation is
unavoidable, in whatever circumstances, to hire professional lawyers
to fully prepared to collect evidence, and actively responding to
formulate the best legal strategy has become the party choice!

????The choice of divorce, or divorce proceedings, according to the
specific circumstances of the case itself and the set!

				
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posted:9/28/2010
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