Haizhu District Court finally ruled that the divorce agreement was valid, and the man really "went out clean"!
Wife refuses to remarry after "fake divorce"
Chen Liang, 47, and Liu Fang (both pseudonyms), 9 years younger than him, have been married for 7 years and have a daughter. According to Chen Liang's complaint, after marriage, he and Liu Fang bought a house in Foshan and a house in Guangzhou, both registered in Liu Fang's name, but they belong to the same property.
In August of 20 15, he and Liu Fang prepared to buy a house in Nansha, Guangzhou, and paid a down payment, but Liu Fang told him that he could not sign a house purchase contract in his name because of his personal credit record. To this end, Liu Fang asked to avoid the purchase restriction policy by means of "fake divorce" and buy the house. The following month, the two went through the divorce formalities and signed a divorce agreement at the Civil Affairs Bureau. On the 30th of the same month, Liu Fang signed a purchase contract with the developer.
However, after buying a house, Chen Liang repeatedly asked Liu Fang to go through the formalities of remarriage, but the other party kept delaying. Until September 20 16, Liu Fang explicitly refused to remarry and refused to return all the property shares belonging to Chen Liang. Their divorce agreement stipulated that a house in Foshan and a house in Guangzhou were all owned by Liu Fang, and Chen Liang voluntarily gave up the property under Liu Fang's name; The daughter is raised by Liu Fang, and Chen Liang pays monthly support 1500 yuan.
"After buying a house, Liu Fang and I used our family income to pay off the mortgage for one year." Chen Liang said that the divorce procedures and divorce agreements are only to circumvent the purchase restriction policy, and the two sides have no real meaning of divorce and joint property division between husband and wife. 2065438+September 2006, Chen Liang sued Liu Fang in Haizhu District Court, requesting the court to cancel the divorce agreement, change the custody of her daughter, and confirm that Foshan and Guangzhou are owned by both parties.
Judgment: confirm the validity of the divorce agreement.
In court, Chen Liang provided his credit record, claiming that he could not borrow money to buy a "house in Nansha" because of outstanding debts. Chen Liang provided the bill and their photos of the electricity bill he paid for the house where both parties lived after the divorce, arguing that the two still lived together as husband and wife after the divorce. Chen Liang also applied for two witnesses to appear in court. Chen Liang's colleague Chen Mou said that she had dinner with Chen Liang and Liu Fang in March, May and July of 20 16, and traveled with them in September of the same year, when Liu Fang was present as Chen Liang's wife. Chen Liang's cousin said that during the 20 16 Spring Festival, Chen Liang and Liu Fang went to her house for dinner, and Liu Fang's performance was the same as usual; None of the relatives knew that they had registered for divorce.
On the other hand, Liu denied the "fake divorce". She said that she always wanted a divorce, and the two had registered for divorce, and the procedures were legal. The divorce agreement is confirmed by the civil affairs department and is legal and valid. She also said that in the divorce agreement, Chen Liang divorced by "leaving home clean" because he often gambled and seldom took care of his family, and a house in Foshan and a house in Guangzhou were bought by his father with most of the money invested or sold before marriage.
The Haizhu District Court held in the first instance that according to the provisions of the Marriage Law, only men and women need to go through the divorce formalities voluntarily, and there is no need to examine whether the relationship between the two parties is broken or not, and there is no need to consider the reasons for divorce registration. Therefore, Chen Liang and Liu Fang dissolved their relationship from the date of divorce registration. Chen Liang claimed that there was fraud in the divorce agreement. The court held that Chen Liang and Liu Fang had reached an agreement on whether or not to divorce, and after review by the civil affairs department, even if they registered for divorce because of evading the house purchase policy as Chen Liang said, both parties agreed to divorce in order to evade the policy, so there was no fraud. Chen Liang said that the two sides had agreed to remarry after buying a house, but now Liu Fang doesn't agree to remarry, indicating that she didn't agree to remarry voluntarily, so even if the two sides had agreed to remarry, the agreement was invalid because it violated the defendant's wishes. On the issue of child support and property division, Chen Liang failed to prove that the two sides had other agreements or attached other conditions on this issue.
Accordingly, the first-instance judgment rejected all Chen Liang's claims. After Chen Liang's appeal, Guangzhou Intermediate People's Court recently rejected the appeal in the second instance and upheld the original judgment.
The judge said: There is no "fake divorce" in law.
The reporter noticed that in the judgment of the first instance, the judge made a special explanation for what Chen Liang called "fake divorce". It pointed out that, as Chen Liang said, she applied for divorce registration to avoid the bank's credit review and purchase restriction policies, and divorce registration evaded the credit review and purchase restriction policies, but at the same time, the real estate was actually owned by Liu Fang, who had complete control over the real estate, and Liu Fang was free to choose whether to remarry.
In addition, the credit review is for banks to confirm their repayment ability, and the purchase restriction policy is promulgated by the state to regulate the property market. The plaintiff chose to avoid it by registering for divorce, which is contrary to the above purpose and has the above risks. Since Chen Liang is willing to take risks and choose to register for divorce, Chen Liang should bear the property of Liu Fang after divorce and the consequences of Liu Fang's unwillingness to remarry.
In an interview with reporters, the judge of Haizhu District Court said that the "fake divorce" that people often say refers to the situation that both men and women still have marital feelings but have registered for divorce, but divorce depends only on whether the two sides have registered for divorce. This is the real divorce, so there is no such thing as "fake divorce" in law.
Tip: Don't try to take advantage by some opportunistic methods. The consequences may be unexpected or unimaginable.