Xinmin Dian's laws on divorce and deception

Legal analysis: Article 1087 of the Civil Code of People's Republic of China (PRC) stipulates that in the event of divorce, the joint property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party. This means that if the other party is at fault, the innocent party can claim to divide more property, which can be realized to a great extent. When dividing the property of husband and wife in divorce, we should take care of the rights and interests of the innocent party. In other words, in the future, marital infidelity will become the legal reason for the division of property and protect the legitimate rights and interests of the innocent party. 2. Article 109 1 of the Civil Code of People's Republic of China (PRC) stipulates that the innocent party has the right to claim damages for divorce due to one of the following circumstances: (1) bigamy; (2) Living with others; (3) committing domestic violence; (4) maltreating or abandoning family members; (five) there are other major faults. The Civil Code of People's Republic of China (PRC) added "(5) the case of other major faults" as the statutory case of damages. This also means that even if you can't prove that the other party has bigamy or cohabitation, if the other party has major fault behaviors such as derailment, adultery, whoring and improper communication, you can claim damages to achieve this goal. What is clear here is that after the implementation of the Civil Code, the consequences of the derailed party are very serious. For the loyal party, it is not only the gospel, but also the guarantee, and it is also the embodiment of legal progress.

Legal basis: Civil Code of People's Republic of China (PRC).

Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.

Article 1085 If a child is directly raised by one party after divorce, the other party shall bear part or all of the alimony. The amount and duration of the expenses shall be agreed upon by both parties; If the agreement fails, the people's court shall make a judgment.

The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent over the original agreement or judgment when necessary.

Article 1087 At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.

The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.