Customer Cases
The promise not to remarry has no legal effect
Time:2025-09-01 Views:1272
■ Consultation:
Three years ago, when Liu Ying filed for divorce, her ex husband did not agree and threatened to refuse to pay her son's child support. Later, after being persuaded by family and friends, her ex husband agreed to pay child support, but the prerequisite was that Liu Ying could not remarry in the future. In order to get rid of her unhappy marriage as soon as possible, Liu Ying agreed at that time.
Last year, through a friend's introduction, I met my current boyfriend and planned to get married soon. When my ex husband found out, he stopped paying child support for his son on the grounds that Liu Ying had violated his promise. Liu Ying asked, does the promise not to remarry have legal effect?
■ Response:
Article 37 of the Marriage Law of China stipulates: "After divorce, if one party takes care of a child, the other party shall bear part or all of the necessary living and educational expenses. The amount of the expenses to be borne and the duration of the period shall be agreed upon by both parties. If an agreement cannot be reached, the people's court shall make a judgment
From this, it can be seen that after divorce, whether the children live with their father or mother, the relationship between parents and children will not change due to divorce.
In addition, freedom of marriage is a fundamental principle of China's Marriage Law, including freedom of marriage and freedom of divorce. No one is allowed to interfere with the freedom of marriage of others in any form. Therefore, remarriage is Liu Ying's right, and her ex husband has no right to interfere. The promise not to remarry during divorce has no legal effect because it violates the Marriage Law. Liu Ying's ex husband has no right to refuse to pay child support on this promise, and he has the obligation to pay child support. Sichuan Faneng Law Firm is dedicated to serving you.