Husband and wife agree in writing that the property obtained during the marriage relationship shall be owned by each other. If one party pays more obligations for raising children, caring for the elderly and helping the other party to work, it has the right to demand compensation from the other party at the time of divorce, and the other party shall pay compensation.

If the husband and wife agree in writing to implement the property division system instead of the * * * system, and their respective property belongs to each other, if the stay-at-home mother makes great sacrifices for the family, the man should give the woman financial assistance, which is in line with the principle of fairness.

Litigation divorce is usually called legal divorce. This is more complicated than an agreed divorce. Specific procedures and steps are as follows:

1, entrust a lawyer to draft the complaint;

2. Prepare the evidence needed for litigation;

3. Submit the complaint and evidence to the court with jurisdiction;

4. The court decides whether to accept the lawsuit;

5. After the court accepts the divorce proceedings, it sends a copy of the complaint to the other party within the legal time;

6. The court arranges the court session time and sends subpoenas to both parties;

7. Court hearing: both parties can entrust lawyers or other professionals to represent the litigation (in general, both parties to divorce must appear in court, and if they cannot appear in court for special reasons, they must issue written opinions to the court on whether to divorce);

8. According to the plaintiff's claim and the evidence submitted by both parties, the court makes a judgment on whether to grant divorce, how to divide the property and how to solve the problem of child support.

The materials required for divorce proceedings are as follows:

1, necessary materials:

(1) divorce petition;

(2) The original and photocopy of the plaintiff's ID card or household registration book;

(3) proof of marital relationship between husband and wife;

(4) the child's birth certificate or household registration book;

(5) husband and wife * * * with property list;

(6) If it is the second time to sue for divorce, the plaintiff will also issue a court judgment.

2. Other materials:

(1) proof of basic marital status;

(2) Proof of marital changes and reasons for divorce;

(3) proof of the status quo of the relationship between husband and wife;

(4) Proof of economic status of both parties;

(5) If the other party needs financial help, provide proof of illness or inability to work and proof of economic source;

(6) If economic compensation is needed, provide property agreement, testimony and record materials of one party raising children and caring for the elderly;

(7) If the other party is required to pay compensation for mental damage, provide evidence of the other party's bigamy, cohabitation with others, domestic violence, abuse and abandonment of family members.

In case of divorce by agreement, a divorce agreement shall be prepared, which shall include the following contents:

1, registered divorce is the expression of the true meaning of both parties;

2. Where does the child live with * * *, and the party who does not live with the child should bear the child's support expenses, as well as the way and time limit for payment;

3, * * * * and the division of property (the quantity and value of each party are indicated by a list);

4. * * * has the right to enjoy creditor's rights, debts and repayment obligations;

5. Solve the housing problem;

6. The way and time limit for providing financial assistance to the party with difficulties in life;

7. How to realize the visiting right of one party who does not live with the children and the obligation of the other party to assist;

8. Other matters that need to be agreed in the agreement;

9. Signature of both parties (seal or fingerprint);

10, the time of divorce agreement.

People's Republic of China (PRC) Civil Code

Article 1088

If a husband and wife take on more obligations because of raising children, caring for the elderly and assisting the other spouse in work, they have the right to ask the other spouse to pay compensation at the time of divorce, and the other spouse should pay compensation. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.

Article 1087

At the time of divorce, the property of husband and wife shall be handled by mutual agreement; If the agreement fails, 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, the woman and the innocent party.

The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.