After the divorce, think belongings is broken up unjust, whether go back on one's word?
Case:
The fellow student was married after Ms. Li university graduates Wang Mou, two people raise case neat eyebrow period of time, very fast Ms. Li was pregnant.
During be pregnant, the disposition of Ms. Li becomes very bad, throw thing roughhouse at every turn, again Wang Mou works overtime came back to play a game, ms. Li became angry, throw the meal that just had done in the ground directly, still broke a few bowls. Wang Mou answered a mouth, ms. Li still is in the dress that has washed on the ground, recount oneself to be pregnant to still manage household hardship at the same time next, hate Wang Mou to come home to still play game at the same time.
Wang Mou knows be in the wrong oneself, allow to be scolded by Ms. Li, as a result Ms. Li disposition came up, hit Wang Mou with clothes tree directly, wang Mou again and again concede, still was hit several times however, still be hit to right the corner of the eye once, wang Mou disposition also came up, take everything into one's own hands lives clothes tree, hold off Ms. Li, say to want to divorce. Ms. Li also is cruel disposition, from leave, the following day two people go civil administration bureau deals with divorce formalities.
To achieve the goal of fast divorce, wang Mou and Ms. Li agreement two people under one's name (each are occupied 50% ) house property puts in Ms. Li that be pregnant 's charge all, two people signed divorce agreement and dealt with divorce formalities to civil administration bureau. After the divorce, ms. Li asks Wang Mou moves the change the name of owner in a register of half property right that leave a house and will belong to Wang Mou under one's name to give his as soon as possible according to the agreement. Wang Mou went back on his word however, the divorce agreement that says two people is inequitable, ask to be broken up afresh. Excuse me law frog, how does the situation that encounters such nonperformance divorce agreements do?
Law frog robot:
" marriage law judicatory explains 2 "
In agreement of the 8th divorce about belongings intersected clause or because party divorces to break up reached agreement with respect to belongings, have legal sanction to both sides of male and female.
Because party fulfills what afore-mentioned belongings break up to lodge a complaint of consultative happening dispute, people court ought to be accepted.
After agreement of both sides of the 9th men and women divorces the problem is broken up to go back on one's word with respect to belongings inside a year, the request is changed or cancel belongings breaks up an agreement, people court ought to be accepted.
After people court is tried, did not discover conclude belongings breaks up an agreement presence is con, threatening wait for case, ought to reject party lawsuit request lawfully.
Explanation:
This paragraph of law means says, although divorce agreement did not implement power compulsively, but have legal sanction however, cannot go back on his word easily. If divorce agreement already become effective, so bilateral should fulfill, if one party nonperformance, other one party is OK to forensic to lodge a complaint, requirement court adjudicates the other side fulfills consultative content. Adjudicate when the court the agreement is significant, when both sides ought to be fulfilled, this judgment had implement power compulsively.
A moment ago was in the story, wang Mou is broken with showing the requirement is new for fairness comminute, this does not have legal basis, unless be in,conclude exist when the agreement con, threatening wait for case, break up an agreement to establish become effective when belongings that is to say (concluded an agreement and divorced) later, only existence breaks up an agreement to just can go back on his word when con, threatening case, must fulfill otherwise. Do not have here fair equal problem, have some of objective that the person divorces quickly to achieve, conclude when the divorce the agreement goes out personally completely door, this kind of agreement also must be fulfilled. Consider fast divorce again, conceivable belongings, heart plays on divorce agreement, be afraid meeting go for wool and come home shorn.
Emphasize:
The divorce agreement that a become effective wants here emphasizes afresh. Early days said a little clean body produces in our article door divorce agreement is invalid, because the agreement concludes,that basically is later, both sides of husband and wife did not divorce immediately, regard the agreement as however one kind assures, continue to maintain marital position. Below this kind of circumstance, because the condition of the divorce was not reached, so this agreement also does not have become effective. Simple point says, divorce procedure does to civil administration bureau immediately after divorce agreement is signed, such agreement is effective, think to belongings how cent is divided, cannot go back on his word. Conversely, after signing an agreement, wait again a few months or a year of two divorces carrying ability, this moment obtains the agreement previously, the other side can go back on his word at any time, can sign afresh only.
