Fake divorce, fake marriage, four motives: second child, settlement, house, ticket.
to buy a large set of resettlement houses or drilling policies for two births, and the husband and wife can be "divorced", and the case of "flash marriage" and "flashing" is also reported repeatedly in the city.
now "false divorce" "false marriage" why so many? Lawyers said that the house is not more than a couple of big reasons, these bad phenomena not only jeopardize the stability of the family, but also easily bring instability. Therefore, relevant departments should block loopholes in the system in time.
in order to have a two child couple, a fake divorce,
Guo Hua (a pseudonym) has been married to his wife for seven or eight years, and two lives have a daughter. Influenced by traditional ideas, Guo always felt that no boy would break the "incense burner", but the illegal reproduction should not only pay the fine, but also lose his job.
at the suggestion of a friend, the couple "fake divorce" for more than a year. After "wife" gave birth to their children successfully, they went through the formalities of remarriage. Guo Hua said he and his wife had concerns before the "fake divorce", but when the children, the fine and the three were in conflict, he could only follow the footsteps.
a divorce
in 2012, the media reported that some villagers had "divorced" in order to be divided into a larger house.
according to the relevant policies, the demolition and resettlement is divided into 40 square meters per person, and each household can buy 20 square meters house at a low price. In order to buy more affordable housing, many people resort to false divorce. Even sixty or seventy year old people go to "fake divorce". The staff of the marriage registry of Lixia District indicated that the number of divorces received in each month was more than 100, and the number of divorces received in May 2012 was more than 400.
"flash marriage" and "flash away" have different plans
is also for larger houses, "flash marriage" and "flash away" also have.
court judge Zhao Ping of Huaiyin District said that in 2011 he tried a divorce case, Tang Xiaogang (pseudonym) and Zhao Mei (pseudonym) married for more than 1 months to divorce, Tang Xiaogang's village faces the old village transformation house, for the house, the small parents to the son to the son to introduce the object, Zhao Meijia in the field In order to become a real "Jinan", she chose to marry the local people.
Tang Xiaogang and Zhao Mei had no more than 3 months to realize that the two sides had been registered with the men's parents. Zhao Mei's account was also moved to Tang Xiaogang's village. When the house was divided, the house of Tang Xiaogang had a house of 40 square meters.
less than a month after marriage, Zhao Mei found that the man's home was dissatisfied with her, and Tang Xiaogang had no formal work, smoked and drank, and had a domestic violence, not the "Prince of white horse" in his own mind, and then put forward a divorce. Tang Xiaogang's parents think that his son is a city man and a house has a house without a daughter-in-law. At that time, when the village was divided into a house, more than 40 square meters of houses were divided. The price of 5000 yuan per square meter was calculated, and 200 thousand yuan was easily obtained by his son's marriage.
it seems that both husband and wife have home
for the falling Ji'nan, the woman Yan Mou is in agreement with the person to marry, only the certificate does not live together, the woman pays each other certain expenses, and then divorce after the account falls down. I didn't expect the man to disagree when the divorce was agreed.
Yan came to Ji'nan to work in 2005. In order to settle in Ji'nan, he was introduced in 2009 to Huang Mou, a 46 year old unmarried man. The two people reached an agreement: Yan Mou paid 15000 yuan to Huang, and the two parties only handled marriage registration formalities, and Yan Mou moved the residence into Huang's home for a year, and the two sides divorced.
two people registered and married, Yan's account moved smoothly to Ji'nan. In 2010, Yan gave birth to a boy with others. To allow children to settle in Ji'nan, Yan and Huang agreed to extend the agreement period, and promised to give Huang 10 thousand yuan in cash. Yan Mou paid 5000 yuan "deposit" after the children's accounts settled smoothly, Yan heart of a stone fell to the ground. However, in 2011, when she asked Huang to go through the divorce procedure according to the agreement, Huang was rejected by Huang, and Huang asked her to pay 10 thousand yuan, otherwise she would not agree to divorce. In May 2012, Yan Mou had to file a divorce suit against the court of Licheng.
in the face of the husband and wife, the judge explained the legal principle to both parties. The two parties were not familiar with each other before marriage. They did not live together after marriage. There was no emotional basis and the conditions of divorce. It was suggested that the two parties agree to be divorced from
. Under the patient's persuasion, Huang finally made a compromise and the two sides voluntarily divorced.
"false divorce" and "fake marriage" are far from Ji'nan's unique. In 2011, Beijing was introduced as "the most strict purchase order" of "Beijing fifteen", for 5 years to pay social insurance or personal income tax has become a very high threshold, so that many people who are interested in buying a house in Beijing are looking at the house. However, a reporter found that some people have found the "crack" method, through the real estate intermediary "to do", non - Chinese people and the original divorce, and strange Beijing people married, home buying, lightning divorce, and the original remarriage, the completion of the "curve house." In this "bureau", non - Beijing people bought the house, the Beijing people got the benefits, the intermediary got the "service fee", the surface is all happy, but there are many risks behind it.
judge read:
"false divorce" cases frequently caused by economic problems
first is the transfer of property and malicious escape from debt. A husband and wife, because of poor production and operation, or other reasons, owe a heavy debt, face the creditor's discussion, to escape the debt, quickly divorce the spouse, hide the property from the husband and wife, or put the property to the spouse and the daughter in the agreement. It is difficult for the creditors to find it. Even if it is found, the debtor will have no way for the creditor to have a "empty hand", even if the court's decision to win a lawsuit is difficult to carry out because of "no property".
Han Xiaoshuang said that avoiding responsibility and resisting economic compensation is also one of the reasons for "false divorce". The husband and wife of the "false divorce" are the persons responsible for the infringement, and the serious tort results in serious economic losses to the victims. In order to avoid the economic responsibility that should be undertaken, the person who is responsible for the tort has to step up the procedure of divorce, and give the property to the spouse who does not bear economic responsibility in the future, causing the illusion that the tortfeasor is unable to compensate for it.
in the face of economic interests, many people "fake divorce" is to cheat more compensation. In the reconstruction of old cities and urban construction, in order to obtain more compensation in the process of housing demolition and resettlement, more houses are allocated and greater benefits are obtained. Both couples are divorced urgently, or the home parties are all, or they are divided into two and many households, and more improper benefits are achieved in compensation.
Super children, evading family planning punishment is also one of the reasons for couples' false divorce. In the countryside, the street community and the institutions and institutions, some couples are avoiding the punishment of the family planning department for the extra children. The couple implements a "false divorce", and the verdict or divorce certificate is used as a shield to escape punishment.
Han Xiaoshuang told reporters that some couples deal with "false divorce" to gain interest and achieve some purpose; some are to enjoy low insurance, employment support and other policies; some are for evasion of the property tax, or buy multiple suites to enjoy low interest rates on mortgage loans; some for public rental housing, low rent housing; and some are for Obtain more distribution income from village collective assets.
lawyer analysis:
marriage as a chip or the worry of
Shandong Howe Law Law Firm lawyer Liu Debiao, the social emergence of "false divorce" "false marriage" phenomenon, many people feel beneficial to themselves, marriage can be used as a chip and tools, in fact, it is very harmful. These phenomena have damaged the dignity of the law and disrupted the order of social management. "False divorce" is the destruction of the legal system of our country, the trampling of the dignity of the law, the "false divorce" undermines the legal and normal marriage and family relations, and some "false divorce" parties have long been divorced from law and become a law of impact marriage. The undercurrent of the system. "False divorce" also hindered the implementation of the basic national policy of family planning and produced a negative social impact. "False divorce" and "false marriage" will also infringe upon the legitimate interests of others and cause adverse social effects. The purpose of the "false divorce" party to pursue the unfair interests is very obvious. Once the procedure of "divorce" is done well, the interests of the state, the collective or the others will inevitably be damaged, resulting in the bad social influence and the social norms of fairness and justice.
finally, these phenomena will endanger family stability and form social instability factors. Some "false divorce" couples agreed in advance, after achieving some improper purpose, or dodge some kind of limelight and then remarry. However, after the divorce, some are "fake and true", discarding the other side and refusing to remarry, thus causing the contradictions between the two sides, causing disputes and incidents, causing harm to the children and body, forming social instability hidden danger.