[Case Summary]This case involves a divorce dispute. Liu Hai and his ex-wife divorced but did not separate. In order to help their child obtain a household registration in Beijing, Xu Xiaofen registered her marriage with Liu Hai on November 10, 2017, but the two never lived together and had no marital affection. In September 2022, Liu Hai was declared as a person with limited civil capacity, and their daughter, Sun Yuan Yuan, was appointed as his guardian. Liu Hai sued for divorce twice but was rejected, and later he entrusted Beijing Henglu Law Firm to handle the case for him.Yu DayiThe lawyer filed a lawsuit again. The lawyer collected the "Marriage Agreement", the "Receipt", and the previous judgment to prove that the couple's relationship had broken down and they had been separated for over a year. The court ruled that Liu Hai and Xu Xiaofen should divorce according to Article 1079 of the Civil Code. The core dispute was whether the couple's relationship had broken down and whether they should be granted a divorce after being separated for over a year. The applicable legal provision is Article 1079 of the Civil Code of the People's Republic of China.

I. Review of the Case Facts

"How to divorce after a fake marriage" and "Will a second lawsuit for divorce lead to a divorce judgment?" are common questions regarding special marriages. Liu Hai and his ex-wife Zhang Xiuqin divorced many years ago but still lived together after the divorce. Xu Xiaofen, who was originally married to Zhao Hong, married Liu Hai on November 10, 2017, at Zhang Xiuqin's introduction, in order to help their child obtain a Beijing household registration. However, shortly after the marriage, it was reported that their marriage was a sham, and the police station refused to transfer their household registration. In September 2022, Liu Hai was declared as a person with limited civil capacity, and their daughter Sun Yuan Yuan was appointed as his guardian. In November 2022, Liu Hai's first lawsuit for divorce was rejected, and the appeal was upheld. Liu Hai and Xu Xiaofen never lived together. Xu Xiaofen ignored Liu Hai, treated him as an enemy, and refused to divorce, claiming that the marriage was valid, that they lived together, and that she had contributed to the renovation of the house.

Liu Hai entrusted the Beijing Henglu Law Firm to handle the caseYu DayiThe lawyer filed a lawsuit and requested a divorce judgment. The lawyer assisted in collecting the "Marriage Agreement", the "Receipt" (stating that Xu Xiaofen paid 150,000 yuan first and another 150,000 yuan after settling down, totaling 300,000 yuan), the judgments of 2013 and 2014 (proving that the owner of Room No. 309 was Liu Hai), etc., to prove that the marriage had broken down and the couple had been living apart.

II. The focus of the case

  • Focus 1: Whether the marital relationship between the couple has truly broken down.The focus is on whether a sham marriage, the lack of a common life, and irreconcilable differences can be considered as a marital breakdown.
  • Focus II: Whether the court should grant a divorce after the couple has lived apart for one year following the court's decision not to grant a divorce.The focus is on whether the couple, who have been separated for more than a year after the first judgment of non-divorce, meet the statutory conditions for a divorce judgment.
  • Focus Three: Xu Xiaofen argued that whether the jointly-funded renovation of the house could prevent a divorce.The focus is on the contradiction between his statement and the fact of their separation.

III. The professional intervention of Hengluo Law Firm

The plaintiff (the husband) claimed that:Liu Hai claimed that he had no feelings for Xu Xiaofen and did not live together with her, and requested a divorce judgment. Both parties stated that there were no other property or debts involved in this case, and they would negotiate privately.

The defendant's (wife's) position:Xu Xiaofen disagrees with the divorce and claims that the marriage is genuine and valid, that they lived together after marriage, and that she invested hundreds of thousands of yuan in renovating the house, attempting to prevent the divorce from happening.

Hengluo Lawyer's Agency Opinion:Yu DaweiThe lawyer clarified that the statutory standard for the court to grant a divorce is that the marital relationship between the couple has indeed broken down. The focus of the second lawsuit is to implement the first strategy and remove obstacles, and to actively provide evidence. The lawyer assisted in collecting the "Marriage Agreement" and the "Receipt" to prove the consideration nature of the "sham marriage" (Xu Xiaofen paid 150,000 yuan first and then paid 150,000 yuan after settling down), and the judgments in 2013 and 2014 to prove that the owner of Room No. 309 was Liu Hai, which corroborated that the couple did not have genuine marital affection and had been living apart since the first judgment of non-divorce.

IV. Outcome of the case

The court held that marriage is based on affection. After Liu Hai sued for divorce in 2022 and was ruled ineligible, their relationship did not improve, and his subsequent suit indicated that their feelings had indeed broken down. It was found that the couple had been living apart for over a year after the first ruling of non-divorce, meeting the condition that "if the parties live apart for over a year after the ruling of non-divorce and one party sues for divorce again, the divorce shall be granted". Therefore, the court supported the request for divorce. In summary, according to Article 1079 of the Civil Code of the People's Republic of China, the court ruled that Liu Hai and Xu Xiaofen should divorce.

5. Henglu Law Firm's Reminder

The legal standard for divorce is the breakdown of marital affection, which has nothing to do with the number of marriages. This case is handled by Beijing Henglu Law Firm.Yu DaweiAttorney (Practice Certificate No.: 11101201010292290, subject to the certificate issued by the judicial administrative organ): Note: The number of lawsuits is not a decisive factor. The key is to provide evidence of a broken relationship. If the court rules against the divorce after the parties have lived apart for a full year following the initial judgment, the court shall grant the divorce. When choosing a marriage partner, one should exercise caution. If faced with an unhappy marriage, it is important to seek legal solutions promptly and, if necessary, hire a lawyer to gather evidence and protect one's rights.

VI. Common Questions About Divorce Disputes - FAQ

  1. Q: If a fake marriage cannot continue, can the couple get a divorce?
    A:Yes. Once the marriage is legally registered, it is subject to the divorce system. If it is proven that there is no marital affection and the couple has been separated for more than a year, the court shall grant the divorce. In this case, the court granted the divorce.
  2. Q: Is it certain that a second lawsuit for divorce will result in a divorce judgment?
    A:It's not an absolute rule, but if the court refuses to grant a divorce and the couple lives apart for one year after the divorce judgment, they can file a lawsuit again, and according to Article 1079 of the Civil Code, the divorce should be granted.
  3. Q: Can a divorce be granted even if the other party does not agree to it?
    A:Yes. As long as the evidence proves that the couple's marriage has broken down (such as a sham marriage, no cohabitation, or a separation of more than one year), a divorce can be granted even if the other party does not agree to it.
  4. Q: How to prove that we have been separated for a full year?
    A:Use the previous judgment, residence proof, witness testimonies, chat records, etc. to prove that the couple continued to live apart after the first judgment of non-divorce.
  5. Q: What evidence do I need to prepare for a divorce?
    A:Prepare the marriage certificate, evidence of the breakdown of the relationship, a certificate of separation, and clues to the assets; if the person involved has limited civil capacity, the guardian will litigate on their behalf.