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married family
Marriage and family in the Civil Code are divided into family relations, divorce, adoption, and marriage. It introduces the knowledge of feasible, prohibited, invalid and other situations. I hope this mind map will be helpful to you.
Edited at 2023-10-28 17:20:26
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married family
family relations
husband and wife relationship
community property
Wages, bonuses, labor remuneration
Income from production, operation, and investment
Income from intellectual property
Inherited or donated property (except property determined to belong to only one party in a will or gift contract)
Other property that should be jointly owned
Separate property of husband and wife
One party’s premarital property
Compensation or compensation received by a party due to personal injury
of a personal nature
Property determined to belong to only one party in a will or gift contract
Daily necessities for one party
Other property that should belong to one party
joint debts of husband and wife
Debts borne by joint signatures by both spouses or by subsequent ratification by one spouse or other common expressions of intention
Debts borne by one spouse in his or her own name for the daily needs of the family during the marriage.
The excess does not belong to the joint debts of the husband and wife
One party subsidizes debts incurred by relatives and friends who have no obligation to support them without the consent of the other party.
One party raises funds to engage in business activities without the consent of the other party, and its income is not used for debts incurred by living together.
Debts owed due to personal illegal acts
Debts owed by one party before marriage
Debts borne by one party after marriage to satisfy personal desires are indeed unrelated to living together.
Division of joint property between husband and wife during marriage
One party has concealed, transferred, sold, destroyed, squandered the joint property of the husband and wife, or forged joint debts of the husband and wife, or other behavior that seriously harmed the interests of the joint property of the husband and wife.
A person who has legal support obligations suffers from a serious illness and needs medical treatment. The other party does not agree to pay the relevant medical expenses
Parent-child relationship and other close relative relationships
parent-child relationship
Legitimate parent-child relationship
Illegitimate parent-child relationship
Adoptive parent-child relationship
stepparent-child relationship
divorce
Litigation for divorce
Bigamy or cohabitation with others
Committing domestic violence or abusing or abandoning family members
Gambling, drug abuse and other bad habits that persist despite repeated admonitions
Separated for two years due to emotional discord
Other situations that lead to the breakdown of a couple's relationship
If mediation fails under any of these circumstances, divorce should be granted
Divorce should not be denied because of the fault of the parties concerned
Restrictions on when the man files for divorce
In the case of divorce proceedings
during pregnancy
Within one year after delivery
Within six months after termination of pregnancy
Woman
Child support after divorce
Under two years old
The principle is to be raised directly by the mother
Those who suffer from infectious diseases or other serious diseases that cannot be cured for a long time and whose children should not live with them
There are conditions for raising children but the obligation to raise them is not fulfilled, and the father requires the children to live with him
Due to other reasons, it is really inappropriate for the children to live with their mothers
If the mother has one of the following circumstances and the father requests direct custody, the People's Court shall support it
Over two years old
Both parents request direct custody
One party has one of the following circumstances
Have had sterilization surgery or have lost fertility due to other reasons
As children live longer, changing the living environment is obviously detrimental to their healthy growth.
No other children, but the other parent has other children
It is beneficial for the children to grow up if the children live with them, but the other party suffers from a long-lasting infectious disease or other serious disease, or has other circumstances that are detrimental to the children's physical and mental health, and it is not suitable to live with the children.
The conditions for raising children are basically the same
The children have lived alone with their grandparents for many years, and the grandparents request and are able to help the children take care of their grandchildren.
Prioritize
Change child custody relationship
Changes to the Agreement between Parents
One parent requests a change
One of the parties living with the children is unable to continue raising the children due to serious illness or disability
The parent who lives with the child fails to fulfill his child-rearing obligations or abuses the child, or living with the child has a negative impact on the child's physical and mental health.
Children who have reached the age of eight are willing to live with the other party and the other party has the ability to raise them
There are other valid reasons for the change
The people's court should support
divorce damages
bigamy
live with others
committing domestic violence
Abuse and abandonment of family members
Have other major faults
If one of these circumstances leads to divorce, the innocent party has the right to request
Rules for handling one party’s infringement of marital property
One spouse hides, transfers, sells off, destroys, or squanders the marital property
Forging joint debts between husband and wife in an attempt to embezzle the other spouse’s property
There is such a reason Few points or no points
adoption
Establishment of adoption relationship
Conditions of the adoptee
Orphans who lost their parents
Minors whose biological parents cannot be found
Children whose biological parents have special difficulties and are unable to raise them
minor
Conditions for adoption
guardian of orphans
child welfare agency
Biological parents who have special difficulties and are unable to raise their children
Adopter's conditions
No children or only one child
Ability to raise, educate and protect adoptees
Not suffering from any medical condition that would preclude adoption of a child
No criminal record that is detrimental to the healthy growth of the adoptee
over thirty years old
Have both
Adoption of collateral blood relatives within three generations
Number of children adopted by the adopter
A childless adopter may adopt two children
An adopter with children can only adopt one child
Adoption of orphans, disabled minors or minors raised by child welfare institutions whose biological parents cannot be found
Not subject to the restriction that an adopter can only adopt two children or that an adopter with one child can only adopt one child Not subject to the requirement that the adopter has no children or only one child
Special rules for adopting stepchildren
effectiveness of adoption
The rights and obligations between adopted children and their biological parents and other close relatives are eliminated due to the establishment of the adoption relationship.
Termination of adoption relationship
marry
Circumstances prohibiting marriage
Marriage is prohibited for direct blood relatives or collateral blood relatives within three generations
Invalid marriage situation
bigamy
In the case of bigamy, the subsequent marriage should be confirmed to be invalid and the validity of the previous marriage should be maintained.
Have a kinship relationship that prohibits marriage
Under legal age for marriage
Annulment of a coerced marriage
Should be filed within one year from the date of termination of the coercive act
Anyone whose personal freedom is illegally restricted shall file a complaint within one year from the date of restoration of personal freedom.
Request for annulment of marriage
The person who is the party to the marriage being coerced
Revokable marriage concealing serious illness
It shall be submitted within one year from the date when the reason for revocation is known or should be known.
Legal consequences of an invalid or annulled marriage
Not legally binding from the beginning
The non-fault party has the right to claim damages
General provisions
Prohibited behavior
Arranged, purchased marriages and other acts that interfere with the freedom of marriage Asking for property through marriage
Not an invalid marriage, but a voidable marriage
bigamy
domestic violence Abuse and abandonment from family members
Relatives, close relatives and family members