Divorce during pregnancy, legal knowledge you need!

(From the home of the Marriage Law)

Was the effectiveness of divorce, divorce agreement during pregnancy, how to divorce, and child support.Article 34 of the Marriage Law stipulates that the man shall not file a divorce during the woman’s pregnancy. Except for the woman’s divorce or the court considers it necessary to accept the divorce request of the man.This article provides special protection to women from law.

1. Can I divorce during pregnancy?

According to Article 34 of the Marriage Law, the man shall not propose a divorce during pregnancy, one year after childbirth or within six months after delivery.The woman’s divorce, or the court believes that it is necessary to accept the divorce request of the man, which is not limited.

The provisions of Article 34 of the Marriage Law should be understood as pregnancy and childbirth that occurred as the behavior of the men and the woman’s behavior, and should not include the pregnancy and childbirth caused by the sexual relationship caused by the woman and others. OtherwiseIt’s very unfair.

The sexual behavior of the woman and others lead to pregnancy, childbirth, and serious fault. It is also a serious harm to the relationship between the man. In this caseThe original intention is against, so the man should be given the right to sue the divorce.

Therefore, whether the woman can divorce during pregnancy must depend on the actual situation.

2. The effectiveness of the divorce agreement during pregnancy.

The woman signed a divorce agreement during pregnancy, so what is the effectiveness of this divorce agreement, which requires specific analysis.

As mentioned above, Article 34 of the Marriage Law stipulates that the man shall not propose a divorce during pregnancy, one year after childbirth or within six months after delivery.

The woman’s divorce, or the people’s court believes that it is necessary to accept the divorce request of the man, which is not limited.

According to the provisions of this clause, if the woman proposed a divorce during pregnancy, the signing of the divorce agreement is generally invalid. If the woman’s divorce or the court believes that the request of the man needs to be accepted, then in this caseIt can be divorced, and the divorce agreement signed by the two parties is also effective.

3. How to divorce during pregnancy?

If the woman asks for divorce during pregnancy; or because the woman and others are adulterated, the man proposed a divorce, and both men and women can negotiate with each other. When both parties voluntarily divorce and have no objection to the property division, they can go to the local Civil Affairs Bureau to go through the divorce registration procedureTo achieve the purpose of divorce during pregnancy.

For how to divorce during pregnancy, please refer to the following agreement to divorce the procedure:

1. Application.

The divorce of the agreement must be applied for the marriage registration management organs where the household registration is located in person.When applying, all parties shall hold the household registration certificate, the identity certificate of the residents, the introduction letter issued by the unit or the village, and the residential committee, and the divorce agreement, the marriage certificate, etc., so that the management organs can find out the identity of the parties and determine the jurisdiction.

2. Examine.

After the marriage registration management authority accepts the divorce registration application of the parties, it should be reviewed within one month. During the review process, the content of the agreement should be fully understood, especially if the meaning of the parties requests the divorce is true.Whether life difficulties help, divide property, and debt handling are appropriate.

3. Registration.

After the marriage registration management organs are reviewed, those who meet the divorce conditions shall be registered, the divorce certificate shall be issued, and the marriage certificate shall be issued; for those who do not register the statutory conditions, they shall explain the reasons for registration in writing.The parties were lifted from getting a divorce certificate.

If one party who does not perform its obligations in accordance with the divorce agreement, the other party may file a civil lawsuit with the people’s court.

4. Cancel.

If the parties who apply for divorce falsify and deceive the divorce registration, the marriage registration management organs shall withdraw the divorce registration, announce that the divorce parties will announce that they will have an invalid marriage relationship and recover the divorce certificate, and a fine of the parties shall be under 200 yuan.

If the parties believe that they meet the divorce conditions, they can apply for administrative reconsideration in accordance with the law and decide to be unconvinced in accordance with the law. They may file an administrative lawsuit according to law.

4. How to solve the problem of divorce children during pregnancy?

my country’s "General Principles of the Civil Law" stipulates that "over 18 years of age can carry out civil activities independently and is a person who has a complete civilian behavior. Citizens who are under the age of 16 or over eighteen years old, with their own labor income as the main source of life, are deemed to be completely completely People in civil behavior. "

According to this clause, the fetus does not have civil rights before birth, and the "Marriage Law" does not have special regulations on the protection of fetal rights and interests.Therefore, after the fetus is born, the two sides can solve the problem of raising children separately.

After the birth of the fetus, the problem of raising the fetus shall be in accordance with the "Marriage Law" on the issue of divorced children’s support:

"After the 37th divorce, one of the children raised by one party shall bear one or one or all of the necessary living expenses and educational expenses.judgment.

Agreement or judgment on children’s living expenses and educational expenses will not prevent children from raising a reasonable requirement to surpass the original amount of the agreement or judgment to any of the parents when necessary.

Article 38 After the divorce, the father or mother who does not directly raise the child, has the right to visit the child, and the other party has the obligation to assist."

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