Article 33 of the Marriage Law stipulates that the serviceman s spouse requires the consent of the serviceman to request a divorce, unless the serviceman has a serious fault.
The Supreme People s Court s Interpretation of Several Issues Concerning the Application of the Marriage Law of the People s Republic of China (I) further stipulates that the military party has a serious fault as referred to in Article 33 of the Marriage Law, which can be based on Article 32, paragraph 3, paragraph 3, of the Marriage Law. The rules and other serious faults of the soldiers caused the couple s emotional breakdown to be judged. The the first three provisions of Article 32, paragraph 3 of the Marriage Law mentioned here specifically refer to:
While providing special protection for military marriages, this regulation has fully considered the guarantee of the right to freedom of divorce of military spouses, and basically achieved a balance between the two. Agreeing to divorce here means agreeing to the active serviceman to apply for divorce or to sue for divorce.
At the same time, the Army s Implementation of Several Issues Concerning the Implementation of the Marriage Law also stipulates in-arm mediation and certification procedures for military divorce in Article 11, paragraphs 2, 3, and 4, while understanding the following issues: In-military mediation and certification procedures for divorce of active duty military personnel. Both parties are active servicemen. If both parties voluntarily divorce or one party requests a divorce, the party s unit leader or the political organ shall conduct mediation ;
If the mediation is invalid and meets the divorce conditions stipulated in the Marriage Law, the political authority can issue a certificate before applying for divorce at the marriage registration authority or filing a divorce proceeding with the court. It should be noted that the mediation here is should , that is, the military mediation in this case is a necessary procedure.
Combining with the actual situation of the military, the General Political Department promulgated the Regulations on Several Issues in the Implementation of the Marriage Law in November 2001, regulating the requirements and procedures for divorce of military personnel, and clearly specifying that divorces for active military personnel should be serious and prudent. Violates national laws and military discipline, and does not violate social morals; the active military service s approval procedures and powers for divorce are the same as those for marriage. When a political authority of a unit above the regimental level issues a certificate of consent to divorce, both parties to the divorce shall be required to sign or provide their written opinions. In addition, military divorce review, registration and other procedures are the same as general divorce, and all apply to the relevant provisions of the Marriage Registration Regulations effective October 1, 2003.
(2) The special issues involved in demobilized soldiers in divorce are the demobilization, demobilization, demobilization, and reinstatement costs of demobilized and repatriated soldiers, and how to divide demobilized military medical subsidies and return-to-home production subsidies.
Article 3 of the 1993 Specific Opinions of the Supreme People s Court on Handling Divided Cases in Divorce Cases Handled by the People s Court stipulates: During the surviving period, the demobilization and demobilization fees received by demobilized and re-employed soldiers should be paid for marriages of more than ten years. Divided by. The medical subsidies and return to home production subsidies brought by demobilized soldiers from the army shall belong to me.
In other words, during the existence of the marriage relationship, the demobilization and demobilization fees received by the demobilized and reinstated military personnel are the expenses for the production and living of the demobilized military personnel in the state. In principle, they belong to personal property and are not divided as common property.
As for the medical subsidies and return production subsidies brought by demobilized soldiers from the army, due to their strong personalities and specificity, regardless of how long the spouses have been married, they are treated as military personal property. Therefore, if you divorce, you will not be able to get the other party s medical subsidy and return production subsidy.
Proposed Divorce is filed for the spouse of an active military member. Article 33 of the Marriage Law stipulates that a serviceman s spouse who requires a divorce requires the consent of the military, except where the military member has a serious fault. This is a restriction on the right to a divorce filed by a spouse of a non-serviceman.
Active servicemen refer to officers, soldiers and police officers, police officers, and their civilian cadres serving in the People s Liberation Army and the Chinese People s Armed Police Forces with military (police) and military (police) titles.
A non-military spouse of an active military member is a non-military member of the active military who meets the legal marriage relationship required by the legal marriage registration procedures stipulated in the Marriage Law. In the case where the military party has no serious fault , the consent of the active military party must be obtained, otherwise, the people s court will not accept the divorce proceedings. This is for the protection of the legitimate rights and interests of the active military side.
However, the judicial interpretation of the Supreme People s Court clearly stipulates that the relationship between husband and wife has indeed broken down, and the husband and wife relationship cannot be maintained through mediation. It can be approved by the political organization above the military regiment where the active military side is located. Except that the military side has a serious fault, that is, if the active military side has a serious fault, the non-military side proposes a divorce, the active military side does not agree, and the mediation is invalid, the people s court may still grant the divorce according to law.
1. According to the Supreme People s Court s Interpretation of Certain Issues concerning the Application of the Marriage Law of the People s Republic of China (II) , military personnel s casualty insurance, disability subsidy, and medical living allowance are personal property.
When divorced, it should be determined to be personal to the military. In the case of one-off expenses such as demobilization expenses and self-employment expenses paid to military personnel, the life span of a husband and wife shall be multiplied by the annual average value, and the income shall be the common property of the husband and wife. At the time of divorce, it is generally divided equally between husband and wife. Average value refers to the total amount of the above-mentioned expenses to be distributed to the soldiers, divided evenly over a specific period of time. The specific age is the actual age difference between the average life expectancy at the age of 70 years and the time when the military enters the army.
The Interim Measures for the Management of Housing Funds of Military Personnel stipulates that the housing funds included in personal accounts belong to the individual personnel of the military personnel. This does not mean that housing subsidies are the personal property of soldiers. This stipulation considers that the purpose of the state s housing subsidy is to ensure the housing of soldiers. Specifically, how the husband and wife deal with this part of the property should be agreed by the two parties or regulated by national law.