Housing Bubble Fallout: Fake Divorces Turn Real

iFeng: 一次假离婚,相当于增加10年收入!有人这样做,结果悲剧了
Reporters learned from the Beijing Municipal Civil Affairs Bureau, 2014 to 2016, three years of marriage remained stable, are about 170,000 pairs. However, in the case of a generally stable number of marriages, the number of divorces increased year by year, reaching 97,600 in 2016, up 73% from 2014. At the same time, in 2016 Beijing recruits the number of 22,607 pairs, up 131% over 2014.
As you might guess, couple that had a "fake divorce" sometimes ended up with a real divorce. There are 3839 cases in the courts involving "fake divorces."
Huge interest in the temptation to leave a divorce to buy a house seems to be a "smart" choice. But economics has a common sense, the proceeds are proportional to the risk, the other side of the high-yield divorce is high risk. Each microblogging (micro-signal: nbdnews) to "fake marriage" as the key word in the Chinese referee document network search found that the relevant litigation ruling reached 3839.

In many cases of divorce due to fake divorce, the most tragic is undoubtedly due to false divorce finally fake into a real, wealth and two empty.

According to the information Times reported that in order to avoid bank credit policy and property purchase policy, Guangzhou, a man Chen Liang and married seven years wife Liu Fang "fake divorce", also signed a "net income" divorce agreement. Guess his wife fake play really do not want to be remarried to be sued.

August 2015, Chen Liang and Liu Fang ready to jointly buy a room in Guangzhou Nansha and pay the deposit and the first payment, but Liu Fang told Chen Liang, because Chen Liang personal credit records caused by his name can not be signed in the purchase contract The To this end, Liu Fang asked to "fake divorce" approach to circumvent the purchase policy to buy the room. The next month, the two divorce procedures, and in the Civil Affairs Bureau signed a divorce agreement. The same month on the 30th, Liu Fang and developers signed a contract to buy the room.

After Liu Fang explicitly refused to remarry, and refused to return all belong to Chen Liang's share of the property. Two of the "divorce agreement" this agreement: Foshan, a room and a room owned by Guangzhou Liu Fang, Chen Liang voluntarily give up belong to the property under the name of Liu Fang; daughter by Liu Fang to carry support, Chen Liang monthly maintenance fee 1500 yuan.
The courts response to fake divorces that turn real: tough shit.
In September 2016, Chen Liang sued the court Liu Fang, asked the court to revoke the "divorce agreement" to change the custody of her daughter, and confirmed that the two suites in Foshan and Guangzhou jointly owned by both sides.

The court of first instance that, according to the marriage law, divorce procedures only for both men and women can voluntarily, no need to review whether the feelings of the two sides rupture, do not consider the reasons for divorce between the two sides, so Chen Liang Liu Fang for divorce registration date has been dismissed The Chen Liang advocated the "divorce agreement" there is fraud, the court held that Chen Liang, Liu Fang has reached a consensus on whether the divorce, and the civil affairs department audit, even if Chen Liang is due to avoid the purchase policy and divorce registration, Is the two sides agreed to divorce to avoid policy, so there is no fraud. Chen Liang said the two sides had agreed to buy a house after the remarriage, but now Liu Fang does not agree to remarry, that she is not voluntary consent to remarry, so even if the two sides have agreed to remarry, the agreement because of the voluntary and invalid. And the issue of child support and property division, Chen Liang failed to prove that the two sides had other agreement on the issue or with other conditions.

Accordingly, the first instance ruling dismissed all of Chen Liang's claim. Chen Liang appeal, the second instance dismissed the appeal to maintain the original verdict.

"Marriage Law" clearly stipulates that both men and women voluntarily divorced, allowed to divorce. As long as the legal requirements of the divorce conditions, the implementation of the relevant procedures, with legal effect. In other words, even if the parties exist false divorce, divorce registration has also been effective, unless it can prove that "divorce agreement" is not its true meaning that.

Fujian Linhui law firm director Lin Minhui lawyers said that whether it is true divorce or false divorce, as long as the two sides in the divorce process is true and voluntary, without any side of the coercion, coercion, divorce is effective and irrevocable.

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