Han Dynasty , Su Wu Sheep 19 returned to his hometown. When he left his hometown, he also wrote a poem specifically for his wife, and this is "Leave a Farewell Wife ". The first sentence in this poem, "If you are married, you will be in love without doubt" reveals the deep love of his wife. Since ancient times, love and marriage have been major events in life. After marriage, the love and care between husband and wife will also make the family happy and go long-term.
But in real life, couples after marriage sometimes quarrel and conflict over various family trivial matters, making the relationship between couples indifferent. There are also one of the parties who made major mistakes during the marriage, which caused damage to the relationship between the couple, which made the marriage unable to maintain, and eventually caused trouble in the family. Finally, they went to court to file a divorce lawsuit for . So in the provisions of Civil Code , how should we determine that the relationship between husband and wife has indeed broken down when litigating and divorce?
[Case Review]
In 2007, after He and Li met with each other under a friend's introduction, after they had a period of time and developed some affection for each other, the two lived together. On June 8 of the same year, He and his two men completed the marriage registration procedures in Gansu and became a couple. On October 18, their son was born, bringing laughter to the family.
In the subsequent life, the two purchased a family car, which was placed under Li's name. Subsequently, the two rented a store, mainly engaged in fast food business.
Before 2017, He's family had a dull and happy life, and the relationship between the couple was not bad, but after 2017, He had conflicts over Li's frequent contact with idle people in society and indifferent to the growth and education of children, which led to a quarrel. In October 2021, when the two parties had a quarrel again, Li went out alone and left the home. Until the day the two parties filed a divorce lawsuit, Li did not return to his home.
One day after Li ran away from home, He accidentally discovered his wife's short video account and video content while browsing a short video platform, making him believe that Li did something against his wife's relationship and family after leaving home, and even privately punished the couple's joint property, so he filed a divorce lawsuit with the court.
In the divorce lawsuit, He asked the court to allow the two to divorce, and the property in the family belongs to him personally, and the child is raised by him. The child support fee before the child is 18 years old is borne by Li, and the continuing education expenses after the age of 18 are paid jointly by the two. Li must pay He 50,000 yuan in mental loss. After Li was present in the case and participated in the trial, he also agreed to divorce, but did not agree to some of He's lawsuits.
After the court trial, the two were allowed to divorce. The cars and home appliances purchased by the two were divided into He. The custody of the child was handed over to He after both parties had no objection and had won the child's opinions. Li bears the child's support before the child's growth to the age of 18. Regarding the act of Li illegally transferring property during marriage proposed by He, Li proved that the transfer is a private lending act.
The court did not recognize this and did not support the plaintiff's claim that Li had "illegal cohabitation" during marriage, and the court did not support him in his claim of mental damage compensation for . Regarding Li's claim, He had intimidation, , and house violence against during marriage, and was unable to provide evidence to support him and bear the adverse consequences of providing evidence. The court refused to accept this.
[Publicize the law by case]
He and Li have lived together for more than ten years and have a child. The relationship between husband and wife should also become deeper through the running-in. However, the two parties quarreled out their relationship due to family trivial matters, and Li even did something contrary to the family, causing damage to the relationship between the couple.So, in the Civil Code, how to determine that the relationship between husband and wife has broken down when litigating and divorce?
Determination of whether the relationship between husband and wife has broken down
In the Civil Code, is the important indicator to judge whether the two will continue to maintain the marriage status, improve the relationship between husband and wife, or to allow the two to divorce. To determine whether the relationship between husband and wife has broken down, the basics of marriage should be Marriage basics , , post-marriage relationship , , Reasons for divorce , , current status of husband and wife relationship and and are there any possible reconciliation and other aspects.
Marriage basics: Some marriage relationships are arranged by parents, or after blind date, the two have only been together for a short period of time, which makes the two fail to establish a good emotional foundation before marriage . The relationship foundation of the couple before marriage is poor, and conflicts arise after marriage cannot establish or maintain the relationship between husband and wife. On the contrary, through free love, or years of running-in, a solid emotional foundation is established, and conflicts arise after marriage are also available to mediate.
Post-marriage relationship : After marriage, couples face not only the relationship and feelings between the two parties, but also comprehensively consider the relationship between the parents, relatives and friends of both parties, as well as the relationship between the two and the children they have given birth and raised. At this time, whether the husband and wife respect each other and are loyal to each other, whether they are friendly to each other's families, their style and living habits will become the content that judges consider during trials.
Reasons for divorce : The reasons for divorce between the two parties directly point to the crux of the emotional conflict between husband and wife. Generally, family conflicts can be recovered through mediation and other means, while some legal circumstances will allow the court to grant the divorce between the two.
Current status of husband and wife : In material life, whether the two still live together; on the spiritual level, whether the two have the idea or willingness to run a family and marriage together.
Is there any possibility of reconciliation : The lawsuit in court does not mean that the relationship between the two has broken down. The judge will also mediate the couple before the trial to resolve the conflicts between them so that both parties can reconcile. If the mediation is invalid, the court will eventually grant the divorce.
In this case, after He and Li had been together for several months before marriage, they had decided to get married because Li was pregnant. is a situation where the couple had a poor emotional foundation before marriage . In their married life, the two have a good relationship, but in 2017, there was a conflict between the two due to family trivial matters, and Li ignored the family and children, causing to have a weak relationship with their husband and wife .
The two The reason for divorce is that Li ignored the family after running away from home and had cheated on his marriage, which caused harm to the relationship between the couple. After Li ran away from home, he lived a life of living with He. He had no emotional or material relationships. After many mediations before the court, both parties were unwilling to maintain the existing marriage relationship. Therefore, the court allowed the two to divorce after the trial.
Scenes of the relationship between husband and wife
Civil Code Article 1079 stipulates that when a couple is divorced, they can determine that the relationship between husband and wife can be broken. After mediation is invalid, divorce should be granted: there are many bigamy, illegal cohabitation and and . : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : : :
It also mentions that when one party is declared missing, the other party filed a divorce lawsuit, and the divorce should also be granted.
[Lawyer's Conclusion]
One day, a couple has a hundred days of gratitude. It is a very destined thing for two people to come together and form a family. Both husband and wife should also cherish this fate, live in harmony with their partners in their married life, and jointly manage their own family, so that they can taste long-term happiness and the warmth of the family.
(In the Civil Code stipulates: How to determine that the relationship between husband and wife has broken down when litigating and divorced?", the pictures only cooperate with the narrative; original articles cannot be transferred or stolen without permission!)
