worldwide, the phenomenon of "false marriage" and "false divorce" has increased, and even formed a "lucrative" industrial chain. Some people have lost the minimum human nature and moral bottom line in order to exploit the loopholes of the law. Divorcing is equivalent to increasing their income for 10 years. Are you shocked by this news? Many people in the world are reckless for money, and the inside of the grey industry chain is even more amazing!
Divorce and remarriage: frequent occurrences
Different from the emotional breakdown of husband and wife, "false marriage" appears along with the problems of demolition compensation, purchase of second apartment, avoidance of husband and wife's debt and so on, which has become a means for some people to break through the policy restrictions and obtain gray benefits.
The reporter of economic reference recently contacted a real estate agent in the name of "preparing to buy a house in Yanjiao, Langfang, but the household registration does not meet the requirements of the purchase restriction policy". He told reporters that people with local accounts in Yanjiao can get married on leave to meet the purchase restriction requirements. 'I helped Yanjiao's local customers to buy houses in the past, but there was no problem. Before you buy a house, you will sign a property agreement to make it clear that the house belongs to you when you divorce. 'after the purchase contract is signed, you can divorce in three months, and the whole process can be completed in about five months.
The reporter learned from Beijing Civil Affairs Bureau that from 2014 to 2016, the number of marriages remained stable in three years, all around 170000. However, the number of divorces increased year by year, reaching 97600 in 2016, up 73% from 2014. Meanwhile, in 2016, the number of remarriages in Beijing was 22607, up 131% from 2014. (this article is exclusively compiled by WYH, editor of sihai.com. If you need to reprint it, please indicate the source and source. Related article link: http://www.4hw.com.cn/life/zone.html)
According to the analysis of the interviewees, in the actual cases, many parties who choose "false divorce" to avoid the policy of real estate purchase restriction will remarry immediately after completing the relevant real estate procedures. Combined with the data of synchronous and substantial increase of divorce rate and remarriage rate in some regions, it can be seen that "false divorce" accounts for a considerable proportion.
Each has its own plan
According to the analysis of the interviewees, the phenomenon of "false marriage" can be divided into "false divorce" and "false marriage". The purpose of the parties concerned is to seek benefits and avoid debts.
It's not uncommon to get preferential policies through 'fake Divorce'. Real estate related people believe that in recent years, a sharp rise in urban house prices, through the "fake divorce" to avoid the purchase restriction policy, get down payment and interest rate concessions, become the choice of some families.
A real estate agent calculated an account for the reporter of the economic reference. If according to the policy before October 2016, it is also a loan of 3 million yuan, the minimum interest rate of the first house is 85% and the minimum interest rate of the second house is 1.1 times of the benchmark interest rate, when the 30-year equivalent principal and interest are paid off, the interest paid by the former is about 2.26 million yuan, and the latter is about 3.06 million yuan, an additional 800000 yuan. Statistics show that the annual average wage of Beijing employees in 2016 is 85038 yuan, that is to say, a 'fake Divorce', the interest gap alone is equivalent to an average wage level of employees' no eating, no drinking for 10 years'. (this article is exclusively compiled by WYH, editor of sihai.com. If you need to reprint it, please indicate the source and source. Related article link: http://www.4hw.com.cn/life/zone.html)
This abnormal phenomenon has attracted the attention of the regulatory authorities. In March this year, the central bank issued regulations to implement differentiated housing credit policies for lenders in Beijing within one year of divorce, and strictly prevent and control credit risks. Some real estate agents said that this greatly increased the cost of 'fake Divorce' to buy a house, and the number of people who 'fake Divorce' to buy a house for the purpose of preferential policies was greatly reduced.
Others have broken through policy restrictions and transferred license plates through 'fake marriage'. In recent years, with the restrictions on the number of vehicles purchased in Beijing, it is more and more difficult to buy cars by lottery. As a result, the black market of underground license plate trading through "fake marriage" began to appear.
Reporters searched online for 'license plate trading groups in Beijing' and joined more than 20 of them. Qunli's so-called "Beijing license plate lottery second way" method is basically through "fake marriage" and "fake divorce" for transfer. The group often publishes relevant new news, and some groups will push advertisements of "preferential price handling" during holidays.
An intermediary claimed: 'I had three in my hand the other day, and the marriage registration office won't embarrass us', and passed a copy of the marriage certificate to the reporter, with the registration date of May 15, 2017.
Reporters have learned that there are still phenomena of obtaining more compensation through 'fake Divorce', avoiding debts and even carrying out vicious fraud.
In terms of compensation for house demolition, rural homestead and other aspects, there are obvious preferential policies for the party without real estate, resulting in a high incidence of 'false divorce' in some places. In order to get more compensation for demolition, some areas even have couples' collective Divorce '. According to relevant regulations, a villager can only occupy one homestead, and some rural areas also have "false divorce" for occupying more homesteads. (this article is exclusively compiled by WYH, editor of sihai.com. If you need to reprint it, please indicate the source and source. Related article link: http://www.4hw.com.cn/life/zone.html)
In addition, Wang Hui, a lawyer with Zhongzhou law firm in Beijing, said that with the increase of private loan disputes, many families in debt transfer their property through 'fake Divorce'. Although the Supreme People's court has judicial interpretation, which limits the avoidance of debt by 'false divorce', it is often difficult to define accurately in practice.
According to Feng Shuhong, a judge in Heshui County, Qingyang City, Gansu Province, and other interviewees, in recent years, some lawbreakers have targeted the characteristics of high bride price, difficult marriage and many bachelors in poverty-stricken areas, and resorted to "fake marriage" to defraud bride price. It is a typical vicious case that the poor cheat the poor and the poor are poorer.
Disputes are surging due to falsification
According to some interviewees' judges and lawyers, the phenomenon of "false marriage" and "false divorce" is common in recent years, but from the legal point of view, the divorce motivation does not affect the effectiveness of divorce, that is to say, there is a real risk in "false marriage".
Ms. Jiang, a former husband in Beijing, sued Mr. Han to the court, asking for the division of a real estate owned by Mr. Han. She proposed that a 'fake Divorce' should be handled in order to avoid the purchase restriction policy when buying a house, but she did not live apart after the divorce. However, the court did not support her claim to split the house purchased after her ex husband's divorce because the two had split up the property in the divorce agreement.
Wu Jiezhen, director of the marriage and Family Legal Affairs Department of Guangdong Guangqiang law firm, said that there are many similar cases in various places. In recent years, disputes and lawsuits that "false divorce" turns into "true divorce" have increased. (this article is exclusively compiled by WYH, editor of sihai.com. If you need to reprint it, please indicate the source and source. Related article link: http://www.4hw.com.cn/life/zone.html)
In addition to the increase of civil disputes, 'false marriage' has also caused many social hazards. Qiao Xinsheng, director of the social development research center of Zhongnan University of economics and law, said that the harm of "false marriage" lies in at least four aspects.
First, false marriage weakens the concept of marriage and family and destroys the social value system. Because marriage is the link of family and family is the cell of society, the instability of marriage actually endangers the stability of society.
Second, the "false marriage" undermines the seriousness of the law and violates the relevant provisions of the marriage law.
Third, some 'false divorce' parties evaded debts and infringed on the legitimate rights and interests of others.
The fourth is to increase the public cost, for example, obtaining compensation for demolition through "false divorce" is equal to increasing the cost of demolition and resettlement; occupying more homesteads in rural areas violates the legitimate rights and interests of members of other rural collective economic organizations.
Many interviewees believe that "false marriage" has obvious epochal nature, which is related to the policy changes in a certain period. According to Qiao Xinsheng, in view of the macro-control policies of China's real estate market, some places even have the phenomenon that husband and wife hand in hand go to the civil affairs department to handle the divorce procedures. The problem of "fake marriage" should be taken as the clue to improve the relevant system, and the government should make up for the loopholes in the policies as soon as possible from the perspective of "good flow".