The "Marriage Law" in my country stipulates: "The woman may not propose a divorce during pregnancy or within one year of childbirth. The woman’s divorce, or the people’s court believes that it is necessary to accept the man’s divorce request. The principle of legitimate rights and interests of children, special protection for women during pregnancy and one year after childbirth, is a restriction on the man’s divorce.
However, this limit is only applicable to litigation divorce.If the husband and wife choose to divorce the agreement, then even if the wife is pregnant, she can still divorce.If the husband and wife chose a lawsuit, the question of whether the wife can divorce during pregnancy must be judged by the court according to the specific situation.
2. What should I pay attention to when I agree to divorce during pregnancy
1. The divorce agreement is a comprehensive written agreement that integrates personal relationships, property relationships, and raising relationships.Regarding the agreement of personal relationships, that is, whether the agreement to agree with the divorce cannot be restricted by a written contract, that is, the law will not interfere with the meaning of whether the parties agree to the divorce.After the relevant divorce registration, the law confirms the facts of divorce.However, if only the two parties have written in writing together to go through the divorce procedures, but one party regrets it, it will not give the other party to the other party to enforce the right, nor will it be awarded the court to have the right to recognize it.
2. The property relationship and opinions involved in the divorce agreement are closely linked to each other. Since the divorce has not achieved achievements, the agreement of property and children has not taken effect.The parties’ intention to the divorce agreement was made for a specific environmental background and a specific psychological state at that time.Of course, although the divorce agreement does not take effect, once a divorce agreement is signed, the content of the agreement will often become an important reference basis for the court according to the specific case judgment.Therefore, the divorce agreement cannot be said to have no effect.
Out of the protection of women and children pregnant, the law is limited to the woman’s right to divorce litigation during pregnancy. Of course, if the man has special circumstances, the court will still accept the man’s lawsuit.However, if the choice of divorce between the two parties is the agreement method, as long as the requirements of the divorce of the agreement and the procedures are completed at the same time, the marriage relationship can be lifted.