After the relationship between the spouses breaks down, they can apply for divorce. After the divorce, some issues of the division of property will be involved. So how is the specific principle of division? Below, in order to help everyone better understand the relevant legal knowledge, the editor of Hualu.com compiled the following content, I hope to be helpful to you, welcome everyone to read.
The principle of taking care of the interests of children and women. Taking care of children is for the needs of their healthy growth, and to alleviate the financial difficulties and psychological burdens brought to their children due to the division of parental interests. Taking care of the interests of the women is to reflect the substantive fairness. The women are in a disadvantaged position in real life, which is determined by the objective environment and conditions. Therefore, the court often takes this situation into consideration when making the judgment.
Take care of the principle of no fault. Divorce is sometimes caused by the fault of one of the spouses. At this time, the court must take into account the protection of the wrongdoing party s interests, such as protecting the victims of domestic violence , the interests of the abused or abandoned party, and giving them more property. For wrongdoers, the law stipulates that there can be less division of property.
Principles conducive to production and convenience. When the court considers the division of common property, it will consider that the property is used to its full potential, and it is good for both parties to start their new lives as soon as possible after the divorce . For example, the ownership of the house, who owns the house, and who compensates with money, may consider the personal development plans of the spouses at this stage or at the next time.
Do not harm the interests of the state, the collective and others. This is the most basic point. The division of common property is limited to the husband and wife and cannot affect the interests of other people or the national society.
The above is the relevant answer. At present, when divorce is performed, the common property of the husband and wife is divided. Generally, the principle of equality between men and women is adhered to, and some principles of the caregiver and the woman are taken care of. If you have other legal questions, you can consult a relevant lawyer.