In the divorce case, the court clearly cannot accept two situations. The first is that the man shall not propose a divorce during pregnancy and one year after childbirth.divorce.This is stipulated in Article 34 of the Marriage Law.
Although the law stipulates so, in real life, his wife is a pregnant woman, and the court has left it. So what kind of judgment is the court divorced?Mainly these three aspects:
1. Women proposed that divorce is not restricted by Article 34 of the Marriage Law
Based on the protection of women and children, the marriage law stipulates that the man is not allowed to propose a divorce, but the woman is not forbidden to propose a divorce themselves.During this period, the woman proposed divorce. Often, she was prepared for the consequences of divorce, indicating that divorce can represent their own interests, and no divorce will violate the purpose of protecting women and children.
2. Men and women voluntarily divorce not subject to Article 34 of the Marriage Law
When a divorce registration of the Civil Affairs Bureau conducted a divorce, the staff saw that the woman’s pregnancy would generally refuse directly, but if the woman himself asked the divorce, and the woman voluntarily signed an application for a voluntary divorce application, it shows that the woman knows that the marriage law is the first.According to Article 34, the Divorce Registration Office of the Civil Affairs Bureau will continue to apply for divorce registration.
3. The situation of "happy dad"
For Article 34 of the Marriage Law, according to the "Referee Guidelines for the Shenzhen Intermediate People’s Court on the Cases of Marriage and Family Disputes" (revised edition in 2014), if the woman is pregnant with others before marriage, the man knows it after marriage (often said, it is said"Here Dada"), proposed that the situation of divorce does not belong to the situation of "people’s courts believe it is necessary to accept".
In the same guidelines, another situation was also said. The court of the original trial judged a divorce when the woman was pregnant without discovery. After the verdict was sentenced, the woman found that she was pregnant and filed a appeal., Divorce fails.