Chengdu business signs up for
Because of deal deficit, owed debt external, 2 people agreement deals with Ren Hua and king swallow husband and wife false divorce, agree all belongings put in the woman 's charge all, debt man repays. To ensure feeling concerns, both sides signed again " agreement of husband and wife " , agreement " family property belongs to both sides collective and all, if go back on his word to put in the other side 's charge " , " cannot make with the cover of the divorce violate the ethics between husband and wife (thing) " , " wait for debt to resume marriage again afterwards " ...
However, the day that resume marriage arrived, wang Yan refused however.
Did not have house, car, still lost a wife, ren Hua to forensic to lodge a complaint, the requirement sentences your belongings to put in the man 's charge according to the agreement of agreement of husband and wife all. Recently, sichuan court of district of An Yuanli state enters a judgement, bilateral divorce is effective, house car all puts in the woman 's charge all, did not undertake breaking up to car in divorce agreement, the woman pays 45 thousand yuan of belongings to break up cost. Current, this court decision already become effective.
Avoid liability
Both sides signs consultative holiday to divorce
November 2008, ren Hua of 44 years old and king swallow of 23 years old are registered marry, yo had one second year child.
2011, ren Hua applies for to mortgage with him name bought comfortable house of a classics, house price 166300 yuan, among them head pay 50 thousand yuan, mortgage 110 thousand yuan, owe a bank to borrow money now more than yuan 70 thousand. 2013, ren Hua purchased a value again 150 thousand yuan case inferior K3 car, register fall in king swallow name (present worth 80 thousand yuan - 100 thousand yuan) .
Ren Hua is outer contractor Cheng deal, because Wu is in debt outside trade deficit. To avoid liability, signed after Ren Hua and king swallow are prevenient " divorce agreement " and " agreement of husband and wife " .
On July 25, 2015, both sides signed agreement of a divorce: "Via bilateral agreement (husband Ren Hua) (wife king swallow) , agree to remove spouse concern divorces. Via comfortable room and home all medium belongings put in Wang Yan 's charge all, all creditor's rights debt after the marriage before marriage and king swallow have nothing to do (among them via comfortable room mortgage loan You Wangyan to return) , of the child bring up authority to put in Wang Yan 's charge, because consider the child is small still, divorce procedure does after waiting for the child to spend birthday again. Divorce procedure does after waiting for the child to spend birthday again..
On July 25, 2016, both sides signed agreement of a husband and wife again: "Classics husband and wife (Ren Hua) (Wang Yan) agreement, we performed procedure of a false divorce, also handled a false divorce, after waiting for debt to pass, we resume marriage again, all family property belong to both sides collective and all, both sides must not go back on his word, if one party goes back on his word, all family property are not belonged to go back on one's word of the person, during this, both sides should abide by the viewpoint of husband and wife and family, cannot make with the cover of the divorce violate the ethics between husband and wife (thing) . Cannot make with the cover of the divorce violate the ethics between husband and wife (thing) ..
Resume marriage meet with refus
The man sues new comminute
On August 29, 2016, ren Hua and king swallow signed agreement of a divorce again: "... classics both sides negotiates freewill divorce, come to an agreement as follows now:
One, children brings up: By the woman Wang Yan is brought up, the man pays son alimony to use appropriately along with intention. 2, belongings breaks up: The classics comfortable house that buys during marriage puts in the woman 's charge Wang Yan is all. 3, creditor's rights debt: Classics comfortable house buys during marriage mortgage a paragraph to be in charge of repaying by the woman, other and all debt is in charge of repaying by the man, without collective creditor's rights; Any just produces creditor's rights liability after the divorce and the other side have nothing to do. 4, the daily life that any one party after the divorce must not be affected and disturbs each other and job... " two people also are in that day wide bureau of yuan of civil administration of division of city benefit state dealt with a divorce to register.
"When conduction divorce, woman acceptance resumes marriage after a year. " Ren Hua's lawyer tells Chengdu business signs up for a reporter, but after both sides handles a divorce one year, ren Hua asks Wang Yan resumes marriage, sufferred refuse however.
Lost property, also lost a wife, ren Hua is sued to the court, the requirement is new comminute.
In the indictment, ren Hua weighs bilateral on July 25, 2016 agreement, do procedure of a false divorce first, wait for debt (35 thousand yuan) crossed effectiveness for a given period of time to resume marriage again. Then both sides signed " agreement of husband and wife " conventional belongings puts in both sides 's charge collective and all. After conduction divorce is registered, both sides still lives together, arrived to agree resume marriage after date, wang Yan rejects to resume marriage, and classics comfortable room glom on to. The means that Wang Yan resumes marriage with acceptance, diddle oneself sign the to belongings agreement in divorce agreement, disobeyed oneself true meaning, and belongings allocation is shown break fairness. Ren Hua asks, according to the agreement of agreement of husband and wife, sentence your belongings to put in his 's charge all.
The woman is exculpatory
Say without what the holiday divorces, fasten bilateral feeling burst
After Ren Hua is sued, wang Yan also undertook countercharge.
In front courtyard careful, wang Yan says, say without what the holiday divorces. Case inferior the car is the name that uses Wang Yan buy, on door, also be Wang Yan is being used all the time, both sides all is approbated belong to Wang Yan all, reason for many times consultative divorce was opposite this car is attributive agree separately. On August 29, 2016, both sides registers a divorce in civil administration bureau because of emotional burst, signed divorce agreement. But after the divorce, ren Hua nonperformance is afore-mentioned agreement, do not move the house that leaves oneself, often still beat and scold oneself and legitimate child. The belongings Gui Wangyan that requests to sentence your divorce agreement to agree is all.
Be aimed at Wang Yan's view, ren Hua argue says, the divorce agreement that both sides signs in place of the divorce mechanism that register is the agreement of husband and wife that is based on Wang Yan and his to sign, the divorce resumes marriage inside a year form, so intermediate existence cheats behavior, break up to belongings show break fairness. Case inferior sedan, belong to husband and wife common property, did not undertake conventional to the car, should be husband and wife common property, answer to be broken up lawfully. After bilateral divorce, still live together with spouse concern, until when wanting to resume marriage, demur of king Yan Cai.
Forensic court decision
The divorce is effective
The woman pays 45 thousand belongings to break up a paragraph
An Yuanli thinks after cognizance of state district court, ren Hua, Wang Yan puts add in marital relation during all know of this case accuse contending for a building is husband and wife common property, already made an agreement put in the woman 's charge when bilateral divorce all, mortgage loan to be repaid by the woman, ren Hua ought to be abided by and fulfil this agreement.
Currently hold the post ofHua Yiyuan agreement to violate its for true meaning, different idea fulfills the processing of this building to agree, request to sentence make appeal to contend for a building to put in its 's charge all. Dan Renhua did not apply for cancel inside legal time limit its agreement; Its " divorce agreement " before " agreement of husband and wife " not be hind consultative premise, also not be the change of the agreement after be opposite and complement.
The court thinks, in front courtyard careful, ren Hua says divorce agreement department violates his real intention, be cheated those who write to sign by Wang Yan, but this view and the triplet agreement photograph that sign between its and king swallow are contradictory, " agreement of husband and wife " in " we performed procedure of a false divorce, also handled a false divorce, " the department is right already the allegation of succeeding event, not be expression apparently after a month " divorce agreement " the holiday that fastens its to indicate divorces.
Additional, the formalities that register also divorces at was being dealt with that day after both sides signed divorce agreement on August 29, 2016, more confirm agree to belongings intersected when bilateral divorce. Nevertheless, rise in what during bilateral marriage relation puts add, buy inferior K3 car, because of undertaking breaking up to its in bilateral divorce agreement, currently hold the post ofChina the request breaks up this belongings, the court should grant to support. Give attention to two or morethings adds up to the protection of right beneficial to woman children, this car still puts in Wang Yan 's charge all, dan Wangyan must pay belongings to break up cost 45 thousand yuan to Ren Hua.
Recently, the court enters a judgement, according to " civil code general principles " " marriage law " " code of civil law " relevant provision adjudicates as follows: Classics comfortable room, case inferior K3 car Gui Wangyan is all; Wang Yan pays 45 thousand yuan belongings to break up a paragraph to Ren Hua. Current, this court decision already become effective.
(original title: Do for avoid a creditor " false divorce " , conventional debt resumes marriage afterwards; Resume marriage the day arrived, the wife went back on his word however)
