Each proof that the divorce sues belongings to break up the data that needs to offer divorce place to need only and spouse household worth can. The divorce agreement that the bilateral party of marriage certificate; that ought to issue him; of oneself booklet of registered residence, Id signs the outback dweller that conduction divorce registers jointly. Husband and wife is collective belongings, answer to be broken up equably commonly. Belong to individual appropriative article, put in an individual 's charge commonly all.
One, does the divorce sue belongings to break up need what evidence?
Each proof that the divorce sues belongings to break up the data that needs to offer divorce place to need only and spouse household worth can.
(One) the outback dweller that conduction divorce registers ought to issue following certificate and proof data:
Him 1. ; of booklet of registered residence, Id
Him 2. marriage certificate;
The divorce agreement that 3. bilateral party signs jointly.
(2) the Hong Kong dweller that conduction divorce registers, Macao dweller, Taiwan dweller, overseas Chinese, foreigner divides the money before ought to be being issued the 2nd. , 3. Outside material of formulary certificate, proof, hong Kong dweller, Macao dweller, Taiwan dweller returns the effective permit that ought to issue his, id card, overseas Chinese, foreigner returns the valid passport that ought to issue his certificate of journey of other perhaps and effective international.
(3) the meaning that divorce agreement ought to carry party of bright both sides to divorce of one's own accord expresses and bring up to children, the item such as belongings and debt processing negotiates unanimous opinion.
2, sue way of divorce belongings intersected
(1) husband and wife is collective belongings, answer to be broken up equably commonly. That is to say, husband and wife is collective belongings, in principle breaks up; to wait for a circumstance according to the origin of the real need of production, life and belongings equably, when specific processing OK also somewhat difference. Belong to individual appropriative article, put in an individual 's charge commonly all.
(2) husband and wife lives apart two ground manage manage, tubal common property respectively, when breaking up, each put in the management, balance part that uses six to one of square all; 's charge, compensate for with the belongings that comparatives with balance by the one party that gets worth more another.
(3) already was registered marry have not live jointly, according to consuetudinary give paid betrothal gifts, or those who pay a person to be badly off is send to Fu Dao before marriage, the other side can request to return betrothal gifts when the divorce.
(4) one party with husband and wife of common property and other pool, the belongings of join the gang can give one party all, share the one party of belongings of join the gang should offer the compensation that is equivalent to value of half of worth of join the gang to another.
(The does not have accrual in those days breed aquatics that 5) manages jointly to husband and wife, cultivate course of study to wait, answer when the divorce from be helpful for expanding production, be helpful for management consideration, give reasonable break up or processing of convert into money.
(6) both sides has undertaken to an all buildings reparative, decorate, tear open formerly build formerly, property right was not changed when the divorce, portion of due of other one party is attributed in proliferous part, by building everybody convert into money compensation gives another.
(7) lends marriage the property that the relation asks for, when the divorce, if marry,time does not grow, because ask for property,perhaps cause the other side to be badly off. But take into consideration the circumstances is returned still. It is to ask for to acquiring the property of property donative still maintain hard, can press donative processing.
(8) breaks up use husband and wife's mutual building to shoulding not be, should mix according to bilateral housing situation take care of raise children or just wait for one party of principle deal out without fault all. Share the one party of the building should offer the compensation that is equivalent to value of this building in part to another. The woman should be taken care of below the situation with bilateral same condition.
(An all intellectual property when 9) divorces have not acquire economic interest, in break up husband and wife when common property, should give to another according to particular case take care of appropriately.
(The personal property before 10) marriage is natural in living jointly after marriage damage, use up, destroy break, the one party when the divorce asks with husband and wife common property compensates for, do not grant to support.
Because husband and wife does not have the property that consultative good both sides once used together,sueing a divorce is correct necessarily distribute kind, and sue the court decision that needs former defendant to contain advantageous to oneself evidence ability to let a court more be helpful for oneself, but the divorce is subjective and need to just prove to should put in oneself 's charge each on belongings problem only all worth shares.
