After a divorce, the husband and wife divide their property equally, regardless of whether they are employed or not. Although the woman does not have a job, her income after marriage is the joint property of the couple and they can get the property in the event of divorce. During the divorce process, the principles of * * * and property distribution should be followed.
The following properties acquired by a husband and wife during the marriage relationship are joint property of the husband and wife and belong to the husband and wife:
1, wages, bonuses, labor remuneration;
2 .Income from production, operation and investment;
3. Income from intellectual property rights;
4. Inherited or donated property;
5. Others should be attributed to * * *All properties.
Husband and wife have equal rights to dispose of the same property. Both men and women may agree that the property acquired during the marriage and the property before marriage shall be owned by themselves, in whole or in part, or in part. The agreement should be in writing.
Civil Code of the People's Republic of China
Article 1,076 If a couple wishes to divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. The divorce agreement should state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt settlement. Article 1,079 If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court.
When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.
If mediation fails under any of the following circumstances, divorce shall be granted:
(1) Bigamy or cohabitation with others;
(2) Implementation of family law Violence, abuse, or abandonment of family members;
(3) Gambling, drug abuse and other bad habits;
(4) Separation for more than two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marital relationship.
If one party is declared missing and the other party files for divorce, the divorce shall be granted.
After the people's court rules that divorce is not allowed, if the two parties have lived apart for one year and one party files divorce proceedings again, the divorce shall be granted.