In the case of divorce by agreement, the property issue should be dealt with clearly, and if the property is not divided, it cannot be written that "the property under each name belongs to each other, the property is not disputed, and the disposal has been completed"
No matter how beautiful things are, there will always be a day when they pass away, love is not the whole of life, even if a woman gets married, she must have the ability to be financially independent, and the quality of life in marriage must be maintained by two people.
Divorce should be clear about these three questions
1. Think about the root cause of the breakdown of the marriage
Everything happens for a reason, and the same is true for the breakdown of marriages. Then when you feel that the marriage can no longer continue and you want to divorce, you should think about what is the root cause of the failure of this marriage. Is there no emotion anymore? Or did you make a mistake yourself? Or is his behavior unacceptable to you? Wait a minute. Only after you have figured out these things will you be able to divorce without any worries and make changes in the next marriage, so as to avoid going down the same path of divorce.
2. Think about whether divorce is really beneficial
As I said before, many people do not want to solve the problem through divorce, but just to escape the problems that arise in their married life. It could be because of poverty, or it could be because of lack of affection, etc. So in such a situation, you should think clearly, is it really effective to escape like this? After the divorce, will the next marriage still be like this? If you are not prepared for any of this, a hasty divorce will cause you more trouble.
3. Think about whether you have accepted the fact that you have accepted the divorce
Sometimes many people's divorce is just a spur of the moment, and they regret it later. I have met such a woman, she filed for divorce herself, but after a month, she regretted wanting to find her ex-husband to remarry, but her ex-husband had already blocked her, and all she was left with was pain and regret. Therefore, when you want to get a divorce, first think calmly about whether you really want a divorce and whether you can accept the fact that you are a stranger with your lover.
The woman divorces to maximize her interests
1. How to maximize the interests of divorce
Divorce is divided into divorce by agreement and divorce by litigation. In a divorce by agreement, the main thing is to respect the opinions of both parties, so if you want to maximize your interests, you need to negotiate and communicate with the other partyIn a litigated divorce, you can start from the following perspectives if you want to maximize your interests:
1. If the other party has marital faults: bigamy, domestic violence, cohabitation with others, abuse or abandonment of family members, if it can be proved that the other party has one of the above circumstances, not only can the other party be required to pay compensation for moral damages, but also the judge will also give appropriate preference to the innocent party in the division of property.
2. Prove that I have made a greater contribution and paid more to the family.
3. If I am a woman or a child raiser, I can ask for more division of the property, of course, in practice, there are thousands of different situations, and specific problems need to be analyzed.
2. The principle of division of property in divorce
In the case of divorce, the property should be divided between the husband and wife, and the so-called joint property refers to all the legal income of the two people in your marriage. During marriage, it refers to the period from the date on which both parties receive the marriage registration certificate to the date on which the divorce formalities are processed.
All legal income of both parties during this period can be classified as joint property of the husband and wife for division. In principle, all the property of both parties should be pooled together and then half by one person, and the property before and after the divorce should be owned by the individual, but at the same time, the following principles should be observed:
1. The principle of equality between men and women.
2. The principle of taking care of the interests of children and women.
3. The principle of good life and convenient life.
4. The principle that rights shall not be abused.
5. Respect the wishes of the parties and the principle that property agreements precede the law: citizens have the right to dispose of their own property and can deal with the property issues of both parties in various forms.
3. How to divide the property in the divorce
1. Salary and bonus. "Salary" refers to all kinds of labor remuneration according to the total amount of on-the-job wages according to the national statistics, including standard wages, and various bonuses, allowances and subsidies with prescribed standards. "Bonus" refers to a certain amount of monetary rewards, such as athlete ranking awards, scientific research achievement awards, etc., given by the state, government and other authoritative organizations to specific entities that have made special contributions or achieved outstanding results, in addition to the total amount of labor remuneration, and these bonuses shall be included in the joint property of the husband and wife.
2. Income from production and operation. The income from production and operation refers to the income obtained by citizens from engaging in production and business activities within the scope permitted by law. The new Marriage Law strengthens the protection of personal property, which involves the ownership of the income from investment and operation of the personal property of husband and wife. China's legal marital property system is the joint system of marital income, so if there is no legal agreement on marital income (including personal investment income), it should be the joint property of the husband and wife.
3. Income from intellectual property rightsIntellectual property rights are the exclusive rights that people enjoy in accordance with the law for the results of their intellectual creation. Although intellectual property rights are intangible, they are all "property rights with rights as the subject matter" that can bring wealth, so in current divorce cases, the intellectual property rights involved can also be divided as the joint property of the husband and wife.
However, this does not mean that all rights in intellectual property rights can be shared by husband and wife. Because intellectual property rights are based on the results of people's intellectual creations, the rights and interests of the party who pays the labor should be taken into account from the principle of fairness. In addition, from the social effect and economic benefits of intellectual property rights, the integrity of intellectual property rights is protected.
From the point of view of orderliness in the field of intellectual property and in the interest of economic development, a party who has not performed intellectual labor can only have the right to divide the actual property acquired under the intellectual property when dividing the property. For other things such as moral rights, performance rights, broadcast and exhibition rights, distribution rights, adaptation rights,
The right to translate, the right to annotate, the right to apply for a patent, the right to use, the right to sell, the right to use a trademark, the right to prohibit others from using it, and other rights in a patent cannot be divided as the joint property of the husband and wife. In addition, in the division of property, compensation for the party who has not performed intellectual labor shall be a lump sum payment.
4. Property obtained by inheritance or gift. The property acquired by one of the spouses by inheritance or gift is the joint property of the husband and wife, but if the decedent or donor can clearly belong to only one party, the law protects the right to dispose of private property, and this special designation has legal effect and is protected by law.
5. The income obtained by one party from the investment of personal property. The income obtained by one party from the investment of personal property refers to the material benefits obtained by the husband or wife from the investment of personal property during the existence of the marital relationship. The proceeds here should refer to the fruits. Personal property here.
That is, it refers to the personal property of the husband and wife before the marriage, and also refers to the personal property that the husband and wife agree to belong to the husband or wife after the marriage. Investment practices can occur before or after marriage. The income from the investment of personal property by one party must be the actual income obtained during the existence of the marital relationship, not the expected income.
6. Housing subsidies, housing provident funds, pension insurance funds, and bankruptcy resettlement subsidies actually obtained or should be obtained by both men and women. From the perspective of China's Labor Law, the above items are closely related to the labor relations and wage relations of workers. In view of this, all four should be salary income.
It is a form of supplemental to the wages of laborers. The terms "actually acquired" and "should have been acquired" here are also time-limited, i.e., the rights corresponding to them during the existence of the marital relationship have been "actually acquired" and "should have been acquired". That is, the right has been formed, and there is no impact on the right as to when it will be paid.
