Judicial Practice Of Divorce

The divorce by agreement the parties voluntarily and reach an agreement for the premise,reflects the marriage law respect marriage parties marital autonomy spirit of modern law.With the protection of the privacy, avoid the marriage conflicts, easy divorce agreement andother advantages to this approach, there is also caused by hasty divorce, divorce, damage wasminor children interest. For the divorce agreement, especially the property division protocolprocessing, must understand its nature on the basis of making, or not can not protect marriagelitigant’s legitimate rights and interests, also can make the more serious contradiction.Thefreedom to marry and divorce freedom is China’s " marriage law " the regulation principle, thecurrent practice of administrative litigation divorce and divorce and divorce system. Theagreement getting divorced couples in the handling of administrative agreement divorce mustbe a written agreement, its content should include divorce, child custody, division of propertyand debt to share and so on several aspects. Due to the social life of husband and wife divorceis not completely to the above several aspects, especially the division of property and debt toshare are expressly agreed by the parties, or had not been agreed, and the judicial practice forthe divorce agreement agreement on the partitioning of property property has a greater dispute,therefore lead to different regions of the people’s court in the processing of the the case is putin very big difference. This article through to a marriage and family disputes case analysis, inthe dissolution of the marriage condition, during the existence of marriage relationship ofproperty, the division of common property and child support and other aspects of China’sdivorce system is analyzed, and the problems in judicial practice carries on the briefexplanation.