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Under what conditions can divorce be granted
Time:2025-08-28 Views:808
1
To divorce, the following conditions must be met:
（1） Both men and women must have legal marital status.
（2） The parties to a divorce agreement must be individuals with full capacity for civil conduct.
（3） The parties involved in a divorce agreement must have a mutual consent to the divorce.
（4） Appropriate and reasonable arrangements must be made for the upbringing and education of children, and a consensus agreement must be reached.
（5） Proper handling of the division of joint property between spouses must be made during the process of divorce agreement.
II
The visitation rights of parents to their children after divorce are the same thing and there is no difference.
Civil Code of the People's Republic of China
Article 1086: After divorce, the parent who does not directly raise the child has the right to visit the child, and the other party has the obligation to assist.
The method and time for exercising visitation rights shall be agreed upon by the parties involved; If the agreement cannot be reached, it shall be judged by the people's court.
If a father or mother visits their children and it is detrimental to their physical and mental health, the people's court shall suspend the visit in accordance with the law; After the reason for suspension disappears, visitation should be resumed.
III
According to the provisions of the fifth part of the Civil Code of China's Marriage and Family Regulations and its judicial interpretations, when dividing divorce property, the principle of taking care of the innocent party shall be followed. According to the fifth part of the Civil Code on Marriage and Family, fault refers to bigamy, cohabitation with a spouse, domestic violence, and abuse of abandoned family members. The so-called divorce fault compensation system refers to the legal system in which, in divorce proceedings, if the fault party's behavior leads to the divorce of the couple, the fault party should provide civil compensation to the innocent party.
（1） Both parties shall negotiate and decide.
According to the Civil Code, when divorcing, the joint property of the couple shall be handled by mutual agreement; If the agreement cannot be reached, the people's court shall make a judgment based on the specific situation of the property and the principle of taking care of the rights and interests of the children, the female party, and the innocent party. The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected in accordance with the law. That is to say, in divorce, the division of property between husband and wife should be based on the principle of mutual agreement and cannot be decided by one party.
（2） Adhere to gender equality.
According to the principle of "gender equality" stipulated in Article 1041, Paragraph 2 of the Civil Code, women cannot be discriminated against, and it cannot be assumed that women earn less and therefore should receive less. When divorcing and dividing joint property between spouses, women's rights should be respected and protected.
（3） Take care of the rights and interests of children and women.
When negotiations fail in accordance with Article 1087, Paragraph 1 of the Civil Code, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the female party.
（4） Provide compensation to the party who has paid more.
According to Article 1088 of the Civil Code, "If one party has fulfilled a significant obligation in raising children, caring for the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party upon divorce, and the other party shall provide compensation." This refers to the situation where, when dividing marital property in accordance with the law, the party who has fulfilled a significant obligation may request compensation from the other party, and the compensation shall be paid from the divided property. If the divided property is insufficient to pay, it shall be supplemented from their personal property.
（5） Take care of the innocent party.
According to the provisions of Part 5 of the Civil Code of China on Marriage, Family and Judicial Interpretation, when dividing property in divorce, the principle of taking care of the innocent party shall be followed to divide the property
The above is the relevant legal knowledge collected by the editor of Fanneng Law Firm for you about the conditions under which divorce can be obtained. In summary, we can know that firstly, both men and women must have legal marital status, and secondly, both parties who agree to divorce must have a divorce agreement before applying for divorce. If you have any other legal questions, please feel free to consult our lawyers at Faneng Law Firm. Sichuan Faneng Law Firm is dedicated to serving you.