Is Ma Rong cheating on marriage?
Town building map, life is like a play! Hit the nail on the head
There are rumors on the Internet that the marriage between Ma and Wang was an elaborate cheating plot from the beginning, and the law should severely punish it. In this regard, the lawyer's analysis is that there is no crime of cheating marriage in our criminal law.
There is no crime of cheating on marriage in the criminal law, but if you cheat money on the grounds of marrying others for the purpose of illegal possession, and the amount is large, then you will be convicted and punished for fraud. Judging from the current case, there is no direct evidence to prove that Mawang's marriage is fraudulent. The two have formed a de facto marriage for 7 years and have two children. Therefore, fraud should not be established.
Think about Bao Qiang's lawsuit statement, intentionally hurting his family and transferring property is not groundless!
Things have been reviewed!
Wang sued, but it was revealed that Ma Rong actually transferred the couple's property during the marriage. Now things seem really big. Ma Rong didn't just cheat. If Ma Rong really transfers his property as the media said, then Ma Rong will be suspected of fraud.
Hong Zhen, looking at such a slim girl, it is hard to imagine that her mind is so complicated and meticulous. Did she really accept the old saying that "Mashan was ridden by others and others were bullied"?
As can be seen from the photos exposed by the media, after experiencing such a heavy love blow, I am obviously gaunt.
Wang Baobao's heart was bleeding when he signed the indictment, right?
This matter has developed to the present, and Ma Rong has been suspected of "cheating marriage". Come to think of it, Wang is too honest and honest to end up like this.
As soon as the latest news came out, the onlookers shouted "Don't share a penny with Ma Rong" and "Let her go out cleanly" and other sad words of Wang.
Can cheating in marriage be clean from home?
According to Wang, his wife Ma Rong cheated. Does this mean that the cheating party should clean up the house? In this regard, lawyers who have participated in the defense of Li Yang's divorce case believe that the current marriage law does not stipulate that the derailed party should divide less or even less property when divorcing, but in judicial practice, one of the spouses has cheated, and the other party can get some care in the distribution of property. As for how much will be taken care of, the law has no clear proportion to quantify, and it is estimated that the proportion will not be too large.
In other words, unless the two of them negotiate and the woman cleans up the house and leaves, even if she is the wrong party, she can get a lot of money for the baby (it is reported that at least 50 million). Some unconvinced netizens asked that the baby was married to the woman. If the paternity test proves that their eldest son is not the baby's own, does it constitute cheating marriage? Is cheating marriage invalid? Don't invalid marriages need division of property?
As mentioned above, there is no crime of cheating on marriage in the criminal law, and there is no direct evidence to prove the crime of fraud (if the child is really not biological, it cannot be proved). As for whether marriage is valid. According to the provisions of Article 10 of China's Marriage Law, a bigamy, a relative relationship that prohibits marriage, a disease that is medically considered unsuitable for marriage before marriage, an incurable marriage and a failure to reach the legal age for marriage are invalid marriages. That is to say, except for the four cases expressly provided, other marriages that conform to legal procedures are valid. Even the marriage relationship between the deceiver and the deceived cannot be said to be invalid.
In other words, when the baby is divorced, the division of property is basically certain. You can get 50 million yuan, but it is useless, and the money has been transferred. Distressed baby
One more picture,/kloc-more than 0/00, stunned.
What are the penalties for marital infidelity?
According to the punishment for cheating marriage, the current marriage law and its judicial interpretation provide different handling systems for disputes arising from different marriage forms, namely, the declaration system of invalid marriage, the revocation system of coerced marriage and the divorce system of legal marriage.
Because fraudulent marriage is the nature of legal marriage, it can only be dealt with through divorce within the framework of the current marriage law and its judicial interpretation.
Article 32 of the Marriage Law stipulates the conditions for the people's court to allow the parties to divorce, that is, if the relationship between husband and wife has really broken down and mediation fails, the divorce will be allowed. It can be seen from Article 32 of the Marriage Law that the standard of emotional breakdown is the only standard for granting divorce. In the case of cheating marriage, the deceived person has no feelings for being cheated for the purpose of cheating money, and there is no emotional breakdown at all.
How to apply the law to the claim of being cheated to return property? According to Article 3 of the Marriage Law, it is forbidden to ask for property through marriage. Article 10 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulates the system of returning the bride price paid according to custom under the following circumstances:
1. Both parties failed to go through the marriage registration formalities;
2. Both parties have gone through the marriage formalities, but they do not live together;
3. Paying before marriage and causing difficulties for the payer. However, the first two items are faits accomplis. If the deceived person cannot prove that "life is difficult because of payment", the lawsuit of returning property will not be supported. This is obviously unfair.
According to the provisions of Article 10 of China's Marriage Law, a bigamy, a relative relationship that prohibits marriage, a disease that is medically considered unsuitable for marriage before marriage, an incurable marriage and a failure to reach the legal age for marriage are invalid marriages. In the current marriage law and its judicial interpretation, the marriage relationship between the deceiver and the deceived is not an invalid marriage.
Article 11 of the Marriage Law and Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China stipulate the revocable system of coerced marriage. The so-called coerced marriage refers to the situation that the actor forces the other party to get married against his true will by threatening to cause damage to the life, health, reputation and property of the other party or his close relatives. The parties to the marriage relationship of the coerced party may request the marriage registration authority or the people's court to cancel the marriage within 1 year from the date of marriage registration. Obviously, fraudulent marriage does not belong to the revocable marriage in the marriage law.