Pregnancy and children are indeed a major turning point in life, but in the process, many families may also cause many discomfort due to the arrival of new life, which causes a concentrated outbreak of contradictions.Therefore, it is often encountered whether someone can ask if you can divorce during pregnancy or breastfeeding?
First of all, it is clear that in the two special periods of pregnancy and breastfeeding, divorce is indeed limited.
According to the current "Marriage Law", the man must not propose a divorce during pregnancy, one year after childbirth, or within six months after childbirth.
During the above period, restricting the man’s divorce is due to the legitimate rights and interests of protecting women and children.It should be noted that if the man sued the divorce at this time, the woman did not agree. The court would not review the factor of whether the two sides broke down, but would directly reject the plaintiff’s claim.
Secondly, during pregnancy and breastfeeding, divorce is only restricted, not completely unable to divorce, and there are certain exception.Main: exception regulations 1: The woman proposes divorce
The woman proposed a divorce, which was different from the man’s divorce.After all, the court conducts mediation, and the mediation cannot be performed. In accordance with the litigation rules stipulated in the Civil Procedure Law, the trial was held, and whether it was initially approved for divorce.This situation is divided into two cases: First, the man agrees to divorce, and the two sides can reach an agreement on the support of children, property distribution and debt sharing.Then the two parties can go to the Civil Affairs Bureau for divorce registration.According to the Civil Code, which was officially implemented on January 1 next year, after 30 days of the 30 -day "Divorce Calm" period, the two parties personally went to the civil affairs department to apply for a divorce certificate within 30 days to complete the divorce procedure.The second is that the man does not agree with the divorce, or both sides agree with the divorce, but if the children’s support, property distribution and debt sharing failure have failed to reach an agreement, the woman needs to prosecute to the court to divorce.At this time, the woman sued for divorce, and the court should be tried normally.Exception regulations 2: The court believes that it is necessary to accept the request of the man’s divorce
This article stipulates that the principle is in principle, and there is no further law and regulations to clearly explain the specific situation for "it is necessary". Instead, the court will determine whether to meet the standard as appropriate in the case.Of course, the court’s application for outside the regulations must be quite cautious and harsh.However, if there are the following circumstances, it is generally considered "necessary."For example, the woman’s pregnancy is due to violations of the loyalty of husband and wife; one party has the possibility of life and personal safety.
In 2021, the "People’s Republic of China", which is about to be implemented for the first time in my country, abolished the original "Marriage Law", but the concept of protecting women and children’s rights and interests has not changed.Both the old law and the new code have maintained the same legal norms.According to the provisions of Article 1082 of the Civil Code:
The woman must not propose a divorce during pregnancy, one year after childbirth, or ending pregnancy; however, the woman proposes to divorce or the people’s court believes that it is necessary to accept the man’s divorce request.
Of course, although the law can restrict divorce by restricting litigation rights, it is impossible to catalyze and maintain feelings.The maintenance of marriage relationship requires the joint efforts of both husband and wife, and cannot just expect the law to stand on.