Research On Judicial Judgment Issues In Dealing With "Fake Divorce" Property Disputes

Fake divorce is a social phenomenon that has been widespread in society in recent years.Both husband and wife evade the law to seek benefits through the fake divorce.However,certain legal risks exist in the fake divorce provided that the two parties improperly handle the property at the time of divorce.When the fake divorce becomes real,one party is obliged to face the situation of losing both men and money.Property disputes caused by the fake divorce becoming real have existed in practice,leading to an inevitable negative impact to the society.At present,there is no clear and effective legal regulation on the fake divorce.The court is prone to handle the property disputes between the two parties according to the divorce agreement registered in the civil affairs department.The property rights of some parties cannot be effectively guaranteed.Therefore,how to understand the fake divorce within the framework of the existing system and to clarify the solution to the property disputes under the fake divorce has theoretical and practical significance.Based on several representative cases in practice,this thesis summarizes the problems existing in court dealing with fake divorce disputes.Taking these questions as the starting point,this thesis is combined with the theory of civil behavior to understand the fake divorce,and provides solutions for the property disputes treatment of the fake divorce.The logic for dealing with fake divorce property disputes is to have an accurate understanding of the effectiveness of the fake divorce.Under the premise that the false divorce has an impact on the property division,in the specific dispute,the court needs to identify the fake divorce claim put forward by the party and evaluate the effectiveness of divorce agreement.However,in judicial practice,the court does not correctly recognize the particularity of the meaning of the fake divorce,only recognizes the dissolution of the identity relationship caused by the registration of divorce,and neglects the impact of the fake divorce on the property division,and the attitude towards the fake divorce is conservative.In dealing with property disputes,the binding force of the divorce agreement is overemphasized and the judgment is directly based on the agreement in the divorce agreement.In fact,the fake divorce includes two parts: dissolution of marriage and property division,which two are different in the composition of the expression of intention,so the effectiveness should also be evaluated separately.On the issue of the dissolution of marriage,the purpose of the fake divorce is the motive of the expression of intention.The expression of intention for the party to dissolute marriage is voluntary and true,and the dissolution of marriage caused by the divorce registration is effective.The property division agreement of the divorce agreement is the main basis for handling the property disputes between the two parties,but the binding force of the divorce agreement is not absolute,and the agreement is binding on both parties if the agreement is legal and valid.The behavior of signing the divorce agreement between the parties is invalid because of the flaw in expression of intention.Therefore,in coping with property disputes under the circumstance of the fake divorce,it is necessary to explore the true expression of intention on the property of the party,and not to directly dispose the property disputes based on the registered divorce agreement.