In recent years, debt evasion in the name of false divorce has occurred frequently. When the couple arrived at the Civil Affairs Bureau agreement for divorce, it was agreed in the divorce agreement that all property belonged to one party, and the couple's debt problem was repaid by the other party. This is to avoid debt. According to the provisions of the Marriage Law, when divorce occurs, the original debts owed by husband and wife due to their common life should be paid by both parties together. If the debts are unable to be repaid or the property belongs to each other, the people's court shall decide.
In fact, when the courts deal with it, they usually let the husband and wife negotiate to solve the problem of property division and debt sharing by themselves. But many people, by supporting the children of the elderly, classify the property as one party, while the other party assumes the debt. In fact, the one who assumes the debt has no ability to repay it at all. Sometimes the two parties deliberately conceal the debt problem in divorce and when the debtor is in debt. When they go to ask for debts, they push each other away, which seriously damages the debtor's interests.
In this case, the general counsel will give the following advice:
1. The combination of education and compulsion should be given to both parties. For this kind of circumvention of debt in the name of divorce, executives should conduct legal propaganda work like husband and wife, so that they can recognize the seriousness and recognize the seriousness. If it is still ineffective, they can adopt the necessary compulsory means.
2. The people's court has the right to seal up all assets during the period of the existence of the husband-wife relationship.
3. In dealing with such cases, we may ask lawyers to bring a new judgment to the People's Court, determine that the two persons have the debt problem they should share, and re-try the divorce of the two persons.
It is worth noting here that if the debt is owed by one of the parties, but it is stated in the divorce agreement between the two parties that one party bears the debt and the other party has all the assets, then all the rights of the debtor may be lost, so the creditor should clearly examine whether the two parties have divorced in order to avoid the debt. This is very important.