47-year-old married A Fang (a pseudonym) who is 9 years younger than her on June 5438+065438+1 October1day, 2008. In May of the following year, A Fang gave birth to a daughter. According to the account, after he married Afang, he bought two properties in Foshan and Guangzhou, both of which were registered under Afang's name, but both belonged to husband and wife. In August, 20 15, He and Afang wanted to buy a house in Nansha District, Guangzhou, and paid a down payment of 20,000 yuan and a down payment of 2 10039 yuan. However, A Fang told him that due to A Liang's personal credit record, it was impossible to sign a house purchase contract in the name of A Liang. To this end, A Fang asked for a fake divorce to avoid relevant policies to buy a house.
So, on September 25, 20 15, she went through the divorce procedure and signed a divorce agreement. According to the agreement, the two parties voluntarily divorced and the daughter was raised by Afang. A Liang pays her daughter's alimony 1500 yuan every month until her daughter becomes independent, and A Liang has the right to visit at any time. A Liang voluntarily gave up his real estate (including houses, facilities, working capital, fixed assets, etc.) under Afang's name, and all the real estate in Foshan and Guangzhou were owned by Afang, so there could be no more disputes after the divorce.
2065438+On September 30th, 2005, Afang signed a house purchase contract with the developer. After buying a house, Fang and I paid off the mortgage for one year with family income. According to A Liang's account, after buying a house, he repeatedly asked Afang to go through the formalities of remarriage, but Afang kept delaying it until September 20 16, when Afang explicitly refused to remarry and refused to return all her property shares.
A Liang filed a lawsuit with the court, requesting the court to cancel the divorce agreement signed with Afang, and ordered the married daughter of both parties to be raised by him, and Afang paid her 1500 yuan maintenance fee every month until her daughter became independent; Confirm that Foshan and Guangzhou real estate each hold 50% share of property rights; A Fang also gave him half of the down payment, down payment and one-year mortgage, namely 1336 19.5 yuan. A Fang argued that her divorce was not false, and the divorce was through legal procedures. A house in Nansha after divorce is her property.
In order to prove that it was a fake divorce, Liang moved out all kinds of evidence in court, but to no avail. After trial, the court held that the divorce agreement belonged to A Liang and Afang, indicating that both parties had registered for divorce on the day when the agreement was signed, so the agreement came into effect and both parties should perform it according to the agreement. The first-instance judgment rejected all A Liang's claims. A Liang refused to accept the appeal, and the court of second instance dismissed the appeal according to law and upheld the original judgment.
The judge said that according to the provisions of Article 31 of the Marriage Law of the People's Republic of China, the divorce procedure only needs the voluntary consent of both men and women, and the marriage registration authority does not need to examine whether the relationship between men and women has broken down or consider the reasons for divorce registration.
Fake divorce not only can't get legal support, but also has great risks to feelings. Don't try it, otherwise it may not be worth the candle.