Divorce needs a cooling off period after the implementation of the civil code in 2021. Divorce is easy in the following situations Shi lunfanzhuan

Cao Lei (a pseudonym) and Wang Li (a pseudonym) are college classmates. After graduation in 2019, they worked in the same city. They have been in love for many years. They prepared to have a wedding on May Day in 2021. Their parents met each other and set a good day for the wedding. Before, they separated from each other and lived together, The contradictions and chores in daily life between Wang Li and Cao Lei are increasing. Wang Li feels that she can't see happiness with Cao Lei in the future, so she wants to have the idea of divorce?

Analysis of legal issues

In the story, how do Cao Lei and Wang Li go through the divorce formalities? There are many specific situations.

The first specific situation: I wanted to divorce soon after I received the marriage certificate.

According to the new provisions of the civil code, just received the marriage certificate, due to family chores, one of the couple wants to divorce. Divorce can be divided into two ways, one is divorce by agreement and the other is litigation.

Divorce by agreement requires that both couples are willing to divorce, sign a divorce agreement at the same time, and then apply to the marriage registration department for divorce registration. After the civil affairs department receives the divorce application, if one of the couples regrets, it can cancel the divorce registration application to the marriage registration department. In that way, the impulsive divorce combined with the actual situation is avoided, and then the divorce rate is reduced, which plays a great role in the stability of the family.

The cooling off period of divorce stipulated in article 1077 of the civil code can reduce the divorce rate in the procedural process compared with the previous application for divorce on the same day stipulated in the marriage law.

If the negotiation fails to achieve litigation divorce, the court shall make a judgment on divorce.

The second situation: the man and the woman are engaged, but they have not gone through the marriage registration formalities. How to divorce after living for a period of time?

1. I'm engaged. I haven't gone through the marriage formalities. What if the man gives the woman a bride price?

When the man and the woman are engaged, the man gives the woman a betrothal gift, but the marriage registration formalities are not handled finally for various reasons. The betrothal gift can be returned by the woman. If a man buys a bag, gift or red envelope for a woman during love, it belongs to a gift under certain circumstances. If a gift is given to others, they can receive it without returning it.

2. Engaged and registered for marriage, but the man didn't live together?

Although the marriage is registered and the relevant marriage registration procedures are handled, but there is no common life, the man can also ask the woman to return the bride price. If the woman borrows the name of marriage and swindles others' bride price, it belongs to fraud. If the victim of fraud can report to the police, it belongs to a public prosecution case and does not have to sue the people's court himself.