Joke Collection Website - Public benefit messages - How to face the threat of ex-husband entanglement after divorce
How to face the threat of ex-husband entanglement after divorce
(1) One party goes back on its word and dissolves the relationship.
Because marriage is a personal relationship, once it is dissolved, it is difficult to reverse, which is directly related to the personal rights of the other party. Therefore, after the parties voluntarily divorce, it is difficult for one party to obtain legal support to dissolve the relationship between husband and wife. However, one party uses threats, fraud and other illegal means to defraud the other party to dissolve the marriage relationship, which is also an infringement on the legitimate rights and interests of the other party. At present, there is no clear stipulation in the national law on what kind of civil legal liability the actor should bear to the other party for this kind of infringement. Therefore, how to deal with this kind of problem better still needs a process. However, the victim may require the actor to bear other legal responsibilities besides civil liability.
(2) One party abandons the guardianship and upbringing of minor children, as well as the division of marital property and the sharing of marital debts.
Because freedom of marriage is based on the civil capacity of the parties. Therefore, as a party with civil capacity, once a divorce agreement is reached with the other party voluntarily and registered by the civil affairs department, the divorce agreement has corresponding legal effect. Therefore, under normal circumstances, the divorce agreement registered by the civil affairs department is difficult to get legal support without legal reasons. If one party fails to perform the obligations stipulated in the divorce agreement, the other party may require the other party to perform.
Legal basis: According to the Law on Public Security Administration Punishment.
Article 42 Whoever commits one of the following acts shall be detained for not more than five days or fined not more than five hundred yuan; If the circumstances are serious, they shall be detained for more than five days and less than ten days, and may be fined up to five hundred yuan:
(1) writing threatening letters or threatening the personal safety of others by other means;
(2) publicly insulting others or fabricating facts to slander others;
(3) fabricating facts, falsely accusing and framing others, and attempting to subject others to criminal investigation or public security administration punishment;
(4) Threatening, insulting, beating or insulting witnesses and their close relatives;
(5) sending obscene, insulting, intimidating or other information for many times to interfere with the normal life of others;
(6) Peeping, eavesdropping or spreading others' privacy.
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