No divorce agreement 1 has gone through a long lawsuit and spent a lot of effort. The court granted the divorce and asked the other party to pay you a discount on your property. Do you think you can have a good rest and wait for him to send the money? No! He may abscond with the money after the divorce-be prepared to enforce it.
Enforcement is not a necessary stage of litigation, and many people are not familiar with it. Generally speaking, applying for compulsory execution is equivalent to asking the other party to perform its obligations with the help of the court, which has national coercive power and is an indispensable good sword for the obligee. But this sword is not easy to use, even a little difficult. This bitter, Frida Meng had.
Frida Meng worked as a salesman in a foreign trade company with her husband xx in his early years. Later, both of them resigned and started a small foreign trade company. Together, they turned this small facade living in an old apartment into a big company with an annual income of several million.
Unexpectedly, xx had an affair. After learning the truth, Frida Meng chose a decisive divorce.
Frida Meng entrusted a lawyer to investigate the real estate, deposits and financial conditions of both parties, and obtained the evidence that xx lived with a third party through various channels. After these preparations were foolproof, lawyer Frida Meng filed a divorce lawsuit with the court. After mediation by the court, the two parties divorced, and the property under their respective names belonged to each other, and the company belonged to xx, who paid Meng Mei 4.8 million yuan in property compensation.
However, more than half a month has passed since the payment deadline stipulated in the mediation agreement, and the 4.8 million yuan that xx should pay to Frida Meng has still not been seen. Frida Meng dialed the telephone number of xx: "The court's mediation papers have all been signed. Why not send the money? " When Xx heard it was Frida Meng, he hung up the phone without saying a word.
Frida Meng consulted a lawyer and learned that in this case, she has the right to apply for court enforcement. To this end, Frida Meng walked into the court again. Unexpectedly, after the court issued an enforcement notice to xx, it received an enforcement objection from xx, which impressively stated that "the respondent has paid the applicant 5 million yuan, and the property discount determined in the mediation book has been fulfilled".
Frida Meng said that xx didn't give a penny, and xx said that he not only gave it, but also gave an extra 200,000 yuan. In order to find out the facts, the court held a hearing and found that xx's objection was unfounded and ruled that it was rejected.
As soon as the court ruled, Meng Mei urged the court to freeze xx's property. However, according to the property clues provided by Frida Meng, the court found that all the houses and vehicles under xx's name have been sold, and deposits have been withdrawn in large quantities in the near future. Frida Meng this just know, the so-called execution objection is just a delay in xx.
By chance, she learned from a former partner that xx recently established a company in the suburbs of Shanghai with a registered capital of 3 million. Frida Meng immediately provided this clue to the court. After investigation, the court found that the situation was true, and found that xx had deposited 6 million yuan in the bank under the pseudonym "Liu Zhigang". After learning about this, the court immediately took compulsory measures. After many twists and turns, Frida Meng finally got the money for the execution.
□ Legal point of view
1. The judgment document takes effect. What if he doesn't pay me?
When the other party refuses to perform its obligations, the creditor shall write an application for enforcement and apply to the court for enforcement with the effective judgment document. Such enforcement cases shall be executed by the court of first instance or the people's court at the same level where the property under execution is located. In order to facilitate the court's execution as soon as possible, you'd better provide the other party's property clues. In addition, it is not always possible to apply for enforcement. The time limit for creditors to apply for enforcement is two years, counting from the last day of the performance period stipulated in legal documents. If there is no time limit for performance, it shall be counted from the date when the legal document takes effect.
2. What is an execution objection? Why did you raise an execution objection?
Article 225 of the Civil Procedure Law stipulates: "If the parties or interested parties think that the execution is in violation of the law, they may file a written objection to the people's court responsible for the execution. If a party or interested party raises a written objection, the people's court shall conduct an examination within 15 days from the date of receiving the written objection. If the reason is established, it shall be revoked or corrected; If the reason is not established, the ruling will be rejected. " Therefore, if the parties or interested parties think that the enforcement act violates the law, they may request the court to cancel or correct it.
Of course, in this case, xx is not qualified to raise an execution objection, which is just his delaying tactic, so the court ruled to reject his objection after hearing it.
Non-divorce agreement 2 If you do not divorce, you must meet the following requirements of the woman:
1, take the child to the woman's side for care. (After work, the woman will take care of it, except in special circumstances. )
2. The woman no longer pays the man a penny for living expenses.
3. The woman doesn't pay the cost of the man's parents to help raise his son. If it is necessary to pay, it must be paid by the man himself.
4. The son's living expenses (mainly milk powder, clothes and articles) shall be borne by the woman alone before the man's income exceeds that of the woman. After exceeding, it should be decided according to the situation and based on the principle of equality. (For large expenses such as seeing a doctor, the man needs to bear half of the expenses exceeding 20xx yuan. )
During helping the woman to take care of her son, the living expenses of the man's parents should be borne by the man himself.
6. If she lives in the husband's parents' house, the woman will pay the husband's parents a monthly living allowance of 300-500 yuan.
7. After the son goes to school, the daily life and expenses will be negotiated at that time. In principle, both men and women are responsible for half.
8. After the man's parents raise their son to the age of 3, the woman should also support the man's parents.
9. Both men and women are economically independent, and the man's debts are independently repaid by the man. If a son is involved, he must divorce and dissolve the father-son relationship, and the woman will give the man appropriate economic compensation.
Both parties guarantee that the above agreement will be effectively implemented; If there is any concealment, deception or responsibility for the contents of the agreement.
The agreement is reached by:
Male: (signature and seal)
Female: (signature and seal)
date month year
No divorce agreement III: Male: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _. Male, aged _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ Now the husband and wife have reached an agreement through voluntary negotiation, and the divorce agreement is as follows:
First, both men and women voluntarily divorce.
Second, the child is an adult and does not involve support. (If the child is underage, both parties can agree which party will raise the child and the other party will pay the maintenance fee. )
Three, husband and wife * * * with property:
(1) deposit: the existing bank deposit in the names of both parties is RMB * * *, and each party shall share RMB equally. Distribution method: the deposits in their respective names remain unchanged, but the man/woman should pay RMB to the woman/man in one lump sum before the year/month.
⑵ House: _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
⑶ Other property: Before marriage, each party's property belongs to the other party, and each party's personal daily necessities and jewelry belong to the other party (attached list).
Four. Handling of debts:
Both parties confirm that there is no debt during the marriage relationship. If either party has foreign debts, it shall be borne by the debtor.
Five, a party to conceal or transfer the joint property of husband and wife's responsibility:
Both parties confirm that the joint property of husband and wife has been clearly listed in Article 3 above. Except for the above-mentioned houses, furniture, household appliances and bank deposits, there is no other property, and either party shall guarantee the authenticity of all the above-mentioned marital property.
The division of property in this agreement is based on the above-mentioned property. Neither party may conceal, falsely report or transfer the property of husband and wife or pre-marital property. If either party conceals or falsely reports any property other than the above-mentioned property, or transfers or absconds the property within two years before the signing of this agreement, the other party has the right to obtain all the shares of the property concealed, falsely reported or transferred by the other party, and shall be investigated for its legal responsibility for concealing, falsely reporting or transferring the property. The party who falsely reports, transfers or conceals has no right to divide the property.
Intransitive verbs: financial aid and moral compensation;
Because the woman's life is difficult, the man agrees to provide her with one-time compensation and financial assistance. In view of the reason why the man asked for a divorce, the man should compensate the woman for mental damage in one lump sum. All the money that the above-mentioned man should pay should be paid before.
Seven. responsibility for breach of contract
If either party breaches this Agreement or fails to fulfill its payment obligations within the agreed time limit, the breaching party shall pay the observant party a penalty of _ _ _ _ _ _ _ _.
Eight. Effective time of agreement
This agreement is made in triplicate and shall come into effect as of the date when the marriage registration authority issues the divorce certificate. Each party holds one copy, and the marriage registration authority keeps one copy.
Nine. After this agreement comes into effect, if there is any dispute arising from the implementation of this agreement, both parties shall settle it through consultation. If negotiation fails, either party may bring a lawsuit to the people's court of _ _ _ _ _.
Male: _ _ _ _ _ _ _ Female: _ _ _ _ _ _ _ _ _ _ _
Signature: _ _ _ _ _ _ Signature: _ _ _ _ _ _ _ _ _ _ _ _
_ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _ _
No divorce agreement 4 male: xx, male, Han nationality, living in xxxx District, Tianjin,
ID number:
Female: xxx, female, Han nationality, living in xxxx District, Tianjin,
ID number:
Xx and xxx were married on xx, xx, xx, and had no children. Because the two sides have no emotional foundation before marriage, they have been at odds since marriage. Both husband and wife have reached the following divorce agreement through consultation:
First, both men and women voluntarily divorce.
The second is the arrangement of children, no children;
Three. Property disposal:
1. Property rights and some furniture (including a double bed, a short combination group, a table, six stools, a five-door cupboard, a dresser, a three-person wooden sofa, two single wooden sofas, a large and small coffee table, 1 4) owned by the man.
2. Property right of 5-1(61.2m2) in Tan Jia Garden of Wang Ba Road, property right of a set of (25.2m2) houses on the facade of No.27 Wang Ba Road, and the right to use the elevator on the top floor of the comprehensive building of the Labor Bureau;
4. Creditor's rights and debts. Both men and women are responsible for their creditor's rights and debts;
In other agreements, the man only pays the woman 25,000 yuan. After the two parties handle the divorce formalities, the man must withdraw the appeal of real estate dispute within 8 days, and shall not make disputes with the woman for any reason or in any way.
Agreement of intransitive verbs on the effective time of this Agreement:
This agreement is made in quintuplicate, two for each party and one for the marriage registration authority, and shall come into effect as of the date when the marriage registration authority issues the divorce certificate.
Male: (signature) Female: (signature)
Xxxx，xxxx，xxxx，xxxx，xxxx，xxxx。
There is no divorce agreement. Because the divorce agreement is determined by both husband and wife through consultation, there is usually no guidance from outsiders, especially lawyers, so the divorce agreement is often irregular. However, these irregular divorce agreements often infringe on the legitimate rights and interests of one spouse or other family members, resulting in the parties concerned not recognizing the divorce agreement (clause) afterwards and suing the court to confirm that the divorce agreement (clause) is invalid.
First, the problems in divorce by agreement
1. Some divorce agreements omit the property of husband and wife, and even dispose of the property of other family members in violation of the law. After the divorce, one of the spouses or other family members brought a lawsuit to the court, demanding that the property division agreement be deemed invalid, and advocating re-division or division of property according to law.
2. When divorcing by agreement, it is agreed that one of the husband and wife shall bear the same debt alone. After the divorce, the party who bears the debt will appeal to the court for repentance.
3. Do not recognize the child support standard determined by the divorce agreement, and sue for an increase in support within a short time after the divorce agreement.
Second, the causes of the problem
1. The parties are indifferent to the law and lack legal knowledge. When the husband and wife divorce by agreement, they don't know what property can be divided, which leads to the omission of the husband and wife's property or the arbitrary disposal of others' property.
2. One party defrauds the other party to agree to divorce by fraudulent means. In order to achieve the purpose of divorce, one of the husband and wife deliberately included the family and property in the division of property or gave up ownership, deceiving the other party and making the other party have the illusion of compensation in the division of property.
3. The divorce agreement is not careful and thoughtless. In order to get a divorce as soon as possible, some parties rashly signed a divorce agreement on impulse, without giving necessary consideration to the contents of the agreement.
4. The requirements of the Marriage Registration Ordinance on the examination of divorce conditions have changed, which leads to the lax examination of divorce registration by the marriage registration authority. It is precisely because of the changes in the work requirements of the marriage registration office, such as working time limit and examination content, that the marriage registration office focuses on the acceptability and authenticity of the divorce agreement, but cannot examine the legality of the content in detail.
Third, the relevant countermeasures to solve the problem
1. Extend the approval period of divorce application. The Marriage Registration Ordinance stipulates that after examining the divorce application materials, the marriage registration authority shall register on the spot and issue a divorce certificate. Compared with other countries in the world, the approval period is shorter. At the same time, it is difficult for the marriage registration authority to conduct a detailed and comprehensive review in a short time.
2. Moderately reform the registration system of divorce by agreement, and change the formal review into formal review and substantive review. The current divorce system by agreement belongs to the registration system, and the marriage registration office is conducting a formal review, which should be changed to an appropriate substantive review of divorce conditions.
3. Establish a working communication and cooperation mechanism between the court and the civil affairs department. The court informed the civil affairs department of the problems found in the trial of divorce cases in a timely manner, and the court and the civil affairs department jointly conducted legal training for marriage registrars to improve their awareness and level of legal registration. Marriage registration staff can also be included in the ranks of people's jurors, and they can learn more by attending the trial.
4, marriage registration personnel should strengthen the review of the contents of the agreement. The staff should inform the parties how to divide the property according to law, make it clear that the debts should be paid off, and the commitment of alimony should be reasonable and legal, and conduct a detailed review of the divorce agreement to make up for the omission and illegality of the agreement caused by lack of legal knowledge or even malicious divorce, and correct the wrong agreement in the divorce agreement.