1. Article 33 of China s Marriage Law (Amendment) stipulates: A spouse of an active military member who requires a divorce must obtain the consent of the military member, except where the military member has a serious fault.
2. The Supreme People s Court issued the 1984 Law on the Implementation of Civil Policies. If Article 33 of the Marriage Law (Amendment) of our country stipulates: A spouse of an active serviceman who requires a divorce must obtain the serviceman s consent, but the serviceman has a serious fault. Except for.
3. Article 9 of the Opinions on Several Issues Concerning the Implementation of Civil Policies and Laws issued by the Supreme People s Court in 1984 stipulates: When the soldiers do not agree with the divorce, the plaintiff should be educated to cherish the marital relationship with the soldiers, and try to mediate a reconciliation or a judgment. Divorce.
This is a special provision for the protection of military marriage in our marriage law, which is what people usually say to protect military marriage. That is, on the premise that the soldier has no major fault, without the soldier s consent, the court shall not rule to dissolve the soldier s marriage and guarantee the victory of the soldier in the divorce proceedings.
1. Scope of active duty soldiers. Active servicemen refer to cadres and soldiers serving in the Chinese People s Liberation Army who are on military service. Including cadres and fighters of the Chinese People s Armed Police Force. Workers and other personnel who have not obtained a military status in the army, as well as retired, demobilized and re-employed persons, are not included in the scope of active duty military personnel.
2. The meaning of divorce filed by the spouse of an active military member. A serviceman s spouse requires a divorce when a non-serviceman s spouse files a divorce with a serviceman. This provision does not apply if both parties are active duty military personnel, or if the active duty military officer files a divorce with a non-military spouse.
3. Understanding of requires military consent. After the active-duty military spouse proposes a divorce, the active-duty military personnel themselves do not agree, and the people s court shall cooperate with the relevant departments to provide certain persuasion and education to the military spouse, actively improve the relationship between the husband and wife, and decide not to divorce.
4. This provision is not applicable if the soldier has a serious fault. It needs to be emphasized that this provision is prerequisite, and it cannot be understood that as long as the active serviceman does not agree with the divorce, the court cannot decide the divorce anyway. This rule does not apply when the soldier has a serious fault. According to Article 23 of the Interpretation of Certain Issues in the Application of the Marriage Law of the People s Republic of China (I) promulgated by the Supreme Court on December 24, 2001, the soldier has a serious fault means: the practice of domestic violence or abuse Those who have abandoned family members; those who are bigamy or have a spouse living with others; those who have repeatedly taught bad habits such as gambling and drug use. This provision helps to protect the legitimate rights and interests of the no-fault party, making it more flexible and scientific.