Civil Code: Can the man divorce the woman during pregnancy?The answer is here

In real life, we can see such a desolate scene: During pregnancy, the man was cruelly requested to divorce.I believe that in this case, many people will feel worthless for the woman.Then we can’t help asking, can the woman divorce the woman during pregnancy?

Let’s talk about the answer first.The divorce of the agreement cannot be prohibited, but the only woman can sue for the divorce of the lawsuit, and the man cannot prosecute the divorce in principle.Let’s take a look at the provisions of the law first.

Article 1082 of the Civil Code stipulates: "The woman shall not propose a divorce during pregnancy, one year after childbirth or within six months after childbirth.This is not limited. "

The above provisions of the Civil Code include such a few layers of meaning:

1. During pregnancy, the man must not propose a divorce.The reason why the law stipulates is because the woman’s body is weak during pregnancy, and the woman is very hard for the man’s pregnancy.If the man proposes divorce in this case, it is obviously inhumane and unsuitable.

2. During the woman’s pregnancy, if the woman proposed to divorce, this is legally allowed.The law forbids the man to propose divorce during the woman’s pregnancy, to protect the rights of the woman, but if the woman thinks that with the man’s unable to live together and a divorce to the court, the law will not be prohibited.

3. During the woman’s pregnancy, the man must not propose a divorce. There are exceptions.For example, the woman’s pregnancy is caused by the woman’s derailment in the marriage. Then due to the derailment of the woman’s marriage and serious violation of the loyalty of the husband and wife, the relationship between the husband and wife is broken. At this time, the man should be allowed to propose a divorce. OtherwiseAnd harsh.

It is worth noting that the above provisions of the Civil Code are restricted that the men’s directional court filed a lawsuit to divorce the woman by the method of divorce.However, the law did not prohibit the divorce of the man and the woman from divorce.

Therefore, if the man and the woman reached a divorce agreement during pregnancy, and then the men and women went to the marriage registration authority to handle divorce registration, then the men and women can also divorce.This belongs to the category of autonomy of the two parties, and the law will not be forcibly interfered.

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