According to the relevant laws of our country, there are many issues to be dealt with when a couple is divorced, the most important of which is the issue of child support. The child must be raised by one party. If the two parties fail to reach agreement, a lawsuit can be brought to the court. What are the rights and obligations of the party without children? The editor of Hualu.com will provide relevant knowledge for readers.
According to the relevant laws of our country, the party who does not raise children after divorce enjoys the right to visit the children, and the obligation to bear is to pay the maintenance costs in accordance with the regulations.
Article 37 [Child Rearing after Divorce] After divorce, the children raised by one party shall bear one or all of the necessary living and education expenses, and the amount of the expenses and the length of the period shall be agreed upon by the two parties ; In case of failure, the people s court will decide.
Of An agreement or judgment on the child s living expenses and education costs does not prevent the child from making a reasonable request to either parent over the original amount of the agreement or judgment when necessary.
Article 38 [Visiting of children after divorce] 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.
If an uncle or mother visits his or her child and is not conducive to the physical and mental health of the child, the people s court shall suspend the right to visit in accordance with the law; the right to visit shall be restored after the cause of the suspension disappears.
(1) The parties applying for divorce must be parties to a legal marriage relationship that has been registered for marriage. If they are illegal cohabitation facts, the parties to the marriage have unconditionally filed for divorce registration. Therefore, all registered divorce applicants without a marriage certificate or marriage relationship certificate None of the marriage registration authorities accepted it.
(2) The parties applying for divorce shall be persons with full capacity for civil conduct. The so-called full capacity for civil conduct refers to the ability to bear civil liability for the legal consequences of a legal act of divorce. The General Principles of the Civil Law stipulates that citizens who have reached the age of eighteen years, are in a normal mental state, and can fully recognize their behavior and its consequences A person with full capacity for civil conduct. Anyone who does not have full capacity for civil conduct can only be brought up by his agent in the manner of lawsuit divorce to resolve the issue of marital relations.
(3) The application for divorce is an expression of the true intentions of the parties applying for divorce and bears the legal consequences. The most important condition for registering a divorce is that the spouse and the spouse are willing to divorce. This voluntary behavior is a voluntary behavior that excludes all external obstructions and interference and is completely from the heart. Therefore, both parties must submit an application in person to the marriage registration authority and state their reasons.
(4) The parties applying for registration of divorce reach an agreement on family common property, creditor s rights, debts and child support or help to a party in difficulty, and consciously fulfill this commitment.
(5) Both parties must go to the marriage registration authority to submit an application for registration of divorce. Divorce is a legal act that involves major changes in family and marriage relationships. It involves various powers of the parties to a divorce. It is an important civil legal activity. It is not allowed to be represented or replaced by others, so as to achieve the purpose of protecting all the interests of the parties..