The woman in this case should request for re -dividing property or divorce compensation after divorce?
Author:Divorce Lawyer Song Lawyer Son Time:2022.06.19
Today, this lawyer received a consultation call from Xingtai City, Hebei Province. On the phone is a lady who has just divorced. She and her ex -husband had a divorce due to the breakdown of the husband and wife, and divided the divorce property.
After the divorce, the lady found that her ex -husband quickly remarried with others. Through many inquiries, I knew that the man had a third party. The lady felt that she was deceived by the man during the divorce, so she wanted to overthrow the previous divorce agreement and re -divide the husband and wife's common property.
For this lady's plan, this divorce lawyer believes it is difficult to achieve her own purpose. the reason is:
According to the provisions of my country's marriage law: Due to fraud and coercion within one year after the divorce of the agreement, the claim may be re -divided into property. In this case, it is difficult for this lady to collect and provide the men's marriage derailment that affects the content of the agreement reached by the two parties to divide the divorce property. In other words, there is insufficient evidence of the two direct causality.
Since the lady's way to re -divide the common property of the husband and wife is difficult to achieve the purpose, is she still have other methods to safeguard her rights and interests? In this regard, the marriage lawyer originally believed that she could file a divorce compensation lawsuit after obtaining the evidence that the man had serious fault during the marriage relationship. Compensation.
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