The couple to hide debt fake divorce and his wife really.
chengshishangbao· 2016-11-20 18:06:50
Suzhou has a couple of poor business, due to a lot of debt, so his wife suggested: "let's leave a divorce!" her husband agreed, the two sides also signed a agreement. Unexpectedly, when the husband thought it was really a fake divorce, the wife would not have him as a husband, and asked for the division of property. Even if the court, his wife also categorically said: "never said this is a fake divorce. "
in recent years," fake divorce "phenomenon from time to time, the resulting dispute is also a lot of. However, the so-called fake divorce just anecdotal argument, this argument does not in law, once the relevant formalities, is the real divorce.
to avoid the debts of husband and wife "fake divorce"
after the divorce, the wife fell not Renzhang
recently, a couple with a "divorce agreement" in court, is the true meaning of this agreement was signed by a fierce argument, one that was just "fake divorce, one party has denied the" false divorce ", insists on the division of property. Then, the so-called "fake divorce" will be the court found?
eight years ago, man and woman Wang Lee was introduced after the marriage, marriage, birth of a girl, after the business is poor, a certain amount of debt owed. In order to temporarily avoid the debt, Lee proposed to try a fake divorce, Wang did not want to agree to the request of his wife. March 2016, Wang and his wife signed a "divorce agreement", the agreement on the child custody and property division of the marriage agreement, which Kunshan a residential property set to the woman's all. Subsequently, the husband and wife for divorce.
however, after the divorce, Lee will request the king in accordance with the agreement of the divorce agreement on the contents of the housing transfer procedures. This time Wang will look foolish, isn't that fake divorce? How should the real thing? In desperation, Wang Lee lawsuit to the Kunshan court, requesting the court to revoke the "divorce agreement" property division and other related content. The
trial, the plaintiff Wang insisted was "fake divorce", while Li Mouze argued that divorce is both completely voluntary, there is no case of violation of the Agreement invalid and revocable, requesting the court finds that an agreement between the two parties effectively.
court that, according to the law of our country, citizens have the freedom of marriage and divorce, the marriage status of citizens in order to register as a marriage. In this case, when the divorce, the original defendant both sides are full capacity for civil conduct, have the right to dispose of their property. The original defendant in the Civil Affairs Bureau has signed the divorce agreement the "divorce agreement" is the common property of the couple and debt are segmented, and the defendant signed the divorce agreement when there is no fraud or coercion can be revoked, it will not support the plaintiff for the revocation of the divorce agreement in terms of the petition, and dismissed all claims the plaintiff. The judge reminded
can not joke with the marriage judge
analysis said that in recent years, from the "false cause marriage" in many ways, some in order to buy a house; some in order to avoid debts; some are to escape the family planning policy; some in order to escape the elderly;
there is unit for the house also; some for going through the formalities more convenient. The hope through this case to remind the general public, between husband and wife do not joke about marriage, once received a divorce certificate, it is likely to face a real risk, both life and wealth.
according to our country's law, citizens have the freedom of marriage and divorce, the marriage status of citizens to register as the standard. The divorce to remarry, "fake divorce is not what is the real purpose of whatever form," divorce, once the divorce registration is the legal significance. In recent years, many people through the divorce registration in order to avoid debt, to enjoy preferential policies and other purposes. This approach is undesirable, because in accordance with the law, formed during the marital relationship of conjugal debt, both parties have the obligation to pay, even for a divorce, the court may legally add the other party to bear the responsibility to repay the debt in common. And after the divorce party income property is the personal property, even after the turn, the law also recognized as one of the pre marital property. Don't be so fluky temporarily, and finally come to life and wealth. As a reminder, marriage is not a trifling matter, to and cherish.
(editor Li Yuyu)