Fake divorce turns into real divorce. What about property

The court is trying “ Fake divorce ” Case time , Will distinguish between identity relationship and property relationship for different treatment .

01、 The legal act of dissolution of marriage is valid

Even if both parties sign an agreement before the divorce, which clearly stipulates that both parties are “ Fake divorce ”, But as long as you get a divorce certificate , Or a court decision / Mediate divorce , The marriage has been dissolved , It's a real divorce .

02、 The effect of the property division clause

If the property division clause in the divorce agreement is the true intention of both parties , Then the property division agreement is valid .

If there is evidence to prove that the agreement on property division in the divorce agreement is not the true will of both parties , The joint property of husband and wife shall be divided again according to law .

If the divorce agreement is signed , Fraud exists 、 Coercion, etc , The severance clause is invalid .

In judicial practice ,“ Fake divorce ” case , One party asserts that “ Fake divorce ” Not to restore the relationship between husband and wife , But to prove that the division of property at the time of divorce does not reflect their true meaning , Ask the court to redistribute the property .

03、“ Fake divorce ” The risk of

It is difficult for the parties concerned to pass a prior agreement 《 Divorce agreement 》 To avoid “ Fake divorce ” The adverse consequences of ,“ Fake divorce ” It is difficult to prove the hidden true meaning .

Counsel
In order to gain some benefit “ Fake divorce ”, Although it may help you achieve some purpose , But legally, there is only real divorce , No, “ Fake divorce ”.