Today, house prices are skyrocketing. Although some couples have first homes, they have plans to buy a second home for future development. There is no longer any preferential policy for buying a second home in China. Therefore, some couples will use false divorce to obtain preferential policies for the first room, but if the act of false divorce is found to have serious consequences, then how should a false divorce be determined? What are the consequences of false divorce? Below we Let's find out together.
How to determine a false divorce
(1) Conspiracy divorce, that is, a divorce where the two parties to a marriage conspire for a common or separate purpose, conspiracy to temporarily divorce, and then remarry after the purpose is achieved.
(2) Fraudulent divorce, that is, in order to achieve the real purpose of divorce, a fraudulent method is used to promise the other party to divorce before remarriage, in order to deceive the other party into agreeing to a temporary divorce.
Collusion divorce and fraudulent divorce are not allowed by law. However, it is worth noting that there are many divorces by fraud in practice, which leads to repeated incidents of litigation by the deceived party. Generally, as long as a divorce certificate is obtained, Divorced in the legal sense, but there are also cases where the divorce is rescinded by suing the court, but the corresponding evidence must be provided. Therefore, you must think carefully before divorce.
What are the consequences of a false divorce
1. If none of the parties to a false divorce has married a third person, the divorce may be declared invalid.
The current "Marriage Law" and "Marriage Registration Regulations", in order to protect the freedom of marriage to the greatest extent, respect the personal freedom and privacy of the parties, the administrative procedures have cancelled the punishment of false divorce, and the marriage registration authority will no longer exercise the cancellation of false divorce registration Therefore, a false divorce through the marriage registration authority cannot obtain relief in the marriage relationship, and the consequences should be borne by the parties.
If a false divorce party deceives a divorce mediation letter in a people's court, the party may apply for retrial if the party has provided evidence to prove that the mediation violated the voluntary principle or the content of the mediation agreement violated the law. If it is verified by the people's court, it shall be re-tried. The court ruled that the original divorce mediation statement should be revoked. It is worth noting that a false divorce is declared invalid rather than of course invalid. It shall be invalid from the date of marriage. If the marriage relationship is deemed to have not been terminated and has not been declared invalid by the marriage registration authority or the people ’s court, the legal effect of the divorce shall still be considered as a false divorce.
2. If one or both parties to a false divorce have married a third person, their remarriage shall be recognized as valid.
At this time, the right of the false divorce party to claim the invalidation of the false divorce is eliminated, and the legal effect of the original false divorce determination has occurred. In practice, once the spouse has registered for divorce, the marriage relationship has been terminated. There is no “false divorce” in law. Once the divorce is registered, it is a true divorce. At this time, if one party changes his heart during the “false divorce”, the other party cannot prove the marriage by falsely filing a defense at the time.
The above is how to determine the consequences of a false divorce. I hope it will help you!