法院没有进行财产分割就判离 离婚财产分割协商不成法院会支援那方的请求
离婚财产分割协商不成法院会支援那方的请求
离婚财产分割协商不成法院会支援那方的请求
你好
离婚案件每件交纳50元至300元。涉及财产分割,财产总额不超过20万元的,不另行交纳;超过20万元的部分,按照0.5%交纳。
以调解方式结案或者当事人申请撤诉的,减半交纳案件受理费。
离婚案件诉讼费用的负担由双方当事人协商解决;协商不成的,由人民法院决定。
申请费由申请人预交。但是,申请执行人民法院发生法律效力的判决、裁定、调解书,仲裁机构依法作出的裁决和调解书,公证机构依法赋予强制执行效力的债权文书,以及申请破产的案件,执行申请费不由申请人预交,执行申请费执行后交纳,破产申请费清算后交纳。
离婚财产分割协调不成,大约多久法院会判?
一审简易程式3个月,普通程式6个月,二审3个月···还有些不计入审限的时间。
离婚财产分割协议房屋归一方合法吗?时效已过起诉到法院会得到支援吗
双方协商好,协议生效的话,就是受法律保护的。如果有异议的话,可以去向法院起诉。但是已经时效的话,法院应该是不会受理案件了。这种情节的情况下,你不妨到法律咨询贴吧、律师吧这种百度贴吧里面去释出问题、问律师呢。
想要问离婚财产分割达不成协议怎么办
财产分割协议,是指财产共有人经协商一致,对其共有的财产达成分割意见的书面协议。分割是共有人分配共有财产的行为,常见的财产分割有:分割家庭共有财产、分割夫妻共有财产、分割共同继承或授予的财产等。财产分割协议书应具备以下内容:
1、协议各方的基本情况,包括姓名、性别、出生日期、身份证号、住所地等;
2、协议当事人之间的关系、形成共有的原因和分割理由;
3、被分割财产的物理现状和权利现状;
4、分割财产的原则、方式、方法、标准;
5、各协议人分得之财产的物理现状和权利现状;
6、分割后财产的交付和转移条件;
7、价格补偿和债务承担问题;
8、违约责任;
9、其他事宜,例如涉及第三人的问题等。
具体可以按照下列格式书写:
离婚财产分割协议书
男方:XX,汉族,X年X月X日生,住址XXXXXXXX,身份证号XXXXXXX
女方:XXX,满族,X年X月X日生,住址XXXXXXX,身份证号XXXXXXX
协议双方已于 年 月 日在 市 达成离婚协议并登记离婚,现双方协商一致自愿对离婚财产分割达成协议如下:
一、登记在男、女双方名下坐落于 市 路 弄 号 层 室的房产,离婚后属于()方的共有份额归( )方所有。
二、双方在婚姻关系存续期间以上述房产向银行抵押借款所产生未偿债务,离婚后由()方继续承担清偿责任。
三、本协议自公证之日起成立,本协议中涉及房产事项的,其内容自办理完房产过户登记时生效。
四、本协议生效后,如发生违约,则由违约一方承担相应的经济、法律责任。
男方:
女方:
年 月 日
急求英文离婚财产分割案例
还有的,不过太长了.你要我就发到你信箱?
COMPANY VALUATION AND DEFERRED COMPENSATION PLANS
? 2001 National Legal Research Group, Inc.
NORTH CAROLINA: Hamby v. Hamby, No. COA00-151 (N.C. Ct. App. June 5, 2001).
The husband contended that his insurance agency and the deferred pensation plans therefrom were improperly valued and distributed.
In this case, the couple married on February 27, 1988, separated on August 17, 1995, and divorced on December 19, 1996. The couple had o children born within the marriage. Before the marriage, the husband had worked as an insurance agent. Shortly after the marriage, however, the husband became an independent contractor with the insurance pany, opening his own office.
The husband contended that the trial court erred in its valuation of his insurance agency, in that the valuation was not supported by petent evidence. The husband argued that since, pursuant to the agency agreement with the insurance pany, he could not transfer or sell the business, the trial court should not have valued the agency as though it could be sold.
The couple did not dispute that the husband's insurance agency was marital property. However, the husband argued that because he was an exclusive agent and represented only one pany he had virtually no business to sell. Evidence at trial revealed that the husband did not own the policies he sold and that the insurance pany had the authority to transfer those policies or do anything with them.
The husband's expert witness valued the agency at $18,950 as of the date of separation. Conversely, the wife's expert witness valued the agency at $110,000 as of the date of separation. The wife's expert witness disagreed with the husband's expert's valuation and methods. He stated that he "valued the . . . agency as a going concern. It was a going concern on date of separation. And it's my understanding when we say we're valuing at fair market value we're trying to determine what if the entity that's being valued could have traded hands on date of separation, date of valuation. We don't have to know there's a buyer. It's a hypothetical situation. . . . So I certainly agree with the definition of a going concern, is one that we do expect it is an operating entity and we expect it to continue to operate as it has been in the most recent past. . . . So there are many businesses that I valued that might not be able to trade hands that easily. . . . [However,] there can still be a value to having a practice [or agency] over and above just earning a salary."
The appeals court agreed with the trial court that the agency had value to the husband above and beyond a salary or the worth of the agency's fixed assets which could be sold.
The husband then assigned error to the trial court's finding that the insurance pany's extended earnings plan was a deferred pensation benefit plan pursuant to N.C. Gen. Stat. 50-20(b)(3) and, as such, had a value of $179,151.90, which should be equitably distributed as marital property. Although the husband admitted that he stipulated in the couple's pretrial order that his deferred pensation plans were marital property, he nevertheless argued that neither his retirement nor deferred pensation plans were marital property under N.C.G.S. 50-20. Thus, the husband argued that the trial court mitted reversible error in finding the plans to be marital property and subjecting them to equitable distribution.
However, a representative of the insurance pany had testified that she was familiar with the husband's rights concerning the extended earnings plan, and she further testified as to the amounts Mr. Hamby would have been entitled to receive had he died, retired, or been otherwise severed from service with the insurance pany. Thus, the trial court found that the couple had stipulated that the extended earnings plan was marital property, and that the plan was a deferred pensation benefit plan under the provisions of 50-20(b)(3), having a value on the date of separation of $179,151.90.
The husband then assigned error to the trial court's equitable distribution of his deferred ine pensation credits in the amount of $128,955, stating that there was no evidence to support the valuation finding of fact.
The husband argued that because neither the documents nor any witness gave a specific figure for the deferred pensation as of the date of separation, the trial court erred in attempting to calculate one. The appeals court noted that if it were to follow the husband's logic, a trial court could never calculate the equitable amount of any asset for which a document or an expert witness was unable to positively give an exact figure as of the date of separation. The court refused to aept this logic. "We believe the trial court's simple averaging of the figures resulted in an equitable figure for the purposes of distribution. We hold that the record supports the trial court's findings and conclusions as to this issue."
:divorcesource./cgi-bin/research/manage.cgi?dom=rc;summary=1;srchUrl=%2Fresearch%2Fedj%2Fdivision%2F98nov131.s;_auth=1
离婚财产分割一方什么都不要
男女双方协商一致即可。
根据《中华人民共和国婚姻法》规定:
第三十九条 离婚时,夫妻的共同财产由双方协议处理;协议不成时,由人民法院根据财产的具体情况,照顾子女和女方权益的原则判决。
夫或妻在家庭土地承包经营中享有的权益等,应当依法予以保护。
第四十条 夫妻书面约定婚姻关系存续期间所得的财产归各自所有,一方因抚育子女、照料老人、协助另一方工作等付出较多义务的,离婚时有权向另一方请求补偿,另一方应当予以补偿。
第四十一条 离婚时,原为夫妻共同生活所负的债务,应当共同偿还。共同财产不足清偿的,或财产归各自所有的,由双方协议清偿;协议不成时,由人民法院判决。
第四十二条 离婚时,如一方生活困难,另一方应从其住房等个人财产中给予适当帮助。具体办法由双方协议;协议不成时,由人民法院判决。
因此,离婚时,夫妻的共同财产由双方协议处理;协议不成时,由人民法院根据财产的具体情况,照顾子女和女方权益的原则判决。
离婚财产分割中女方权利论文
建议你收集所有对自己有利的证据,可以要求平分财产,也可以举证对方有过错导致婚姻破裂,可以使你多分财产。一方生活有困难也可以要求多分财产。
请问事故赔偿与离婚财产分割?
交通事故的受害者,可以把夫妻双方立为共同的被告,如果肇事者所取得钱款用于家庭生活的话
离婚财产分割协议要注意哪些问题?
1、注意保持和谐的气氛,如果不能直接沟通,互不相让就没有协商的气氛,只能到法庭打官司了。
2、离婚财产分割原则上是均分,但是一些物品没有办法分开,只能协商归属,不能斤斤计较。
3、孩子的抚养人、劳动能力弱,可以适当多分一点。

离婚财产分割之后还要向法院交纳税费吗
法院不是法定的征税部门,不能收税的;至于费用,这要看诉讼费、执行费、保全费之类的。