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涉外离婚财产分割的判决标准Judgment standards for property division in foreign-related divorce

庭审过程中,法官根据婚姻法的相关规定来判断夫妻双方感情已经破裂,我国《婚姻法》第32作了规定:男女一方要求离婚的,可由有关部门进行调解或直接向人民法院提出离婚诉讼。人民法院审理离婚案件,应当进行调解;如感情确已破裂,调解无效,应准予离婚。有下列情形之一,调解无效的,应准予离婚:

(1)重婚或有配偶者与他人同居的;

(2)实施家庭暴力或虐待、遗弃家庭成员的;

(3)有赌博、吸毒等恶习屡教不改的;

(4)因感情不和分居满二年的;

(5)其他导致夫妻感情破裂的情形。一方被宣告失踪,另一方提出离婚诉讼的,应准予离婚。面对这样的离婚条件,中国法院在处理涉外离婚案件时也要严格适用。


During the trial process, the judge judged that the relationship between the couple had already broken down based on the relevant provisions of the Marriage Law. Article 32 of China's Marriage Law stipulates that if one party requests divorce, the relevant department can mediate or directly file a divorce lawsuit with the people's court. The people's court shall conduct mediation in the trial of divorce cases; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. If mediation is ineffective under any of the following circumstances, divorce shall be granted:


(1) Bigamy or cohabitation with others by a spouse;


(2) Engaging in domestic violence, abuse, or abandonment of family members;


(3) Those who have bad habits such as gambling and drug use and refuse to change after repeated education;


(4) Separated due to emotional discord for at least two years;


(5) Other situations that lead to the breakdown of marital relationships. If one party is declared missing and the other party files a divorce lawsuit, divorce should be granted. Faced with such divorce conditions, Chinese courts must also strictly apply them when handling foreign-related divorce cases.