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What to do if a couple gets divorced and uses the man’s credit card

Legal analysis: If the credit card consumption occurs during the existence of the couple and is not specifically stated to be a personal debt, it should be deemed to be a joint debt of the couple. However, it must be handled based on the facts of the specific case.

Legal basis: "The People's Republic of China and the Civil Code"

Article 1,076 If both spouses voluntarily divorce, they shall sign a written divorce agreement and attend the divorce in person. Apply to the marriage registration authority for divorce registration.

The divorce agreement should state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt settlement.

Article 1,079 If one spouse requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the People's Court.

When hearing a divorce case, the People's Court shall conduct mediation; if the relationship has truly broken down and mediation is ineffective, the divorce shall be granted.

If mediation fails under any of the following circumstances, divorce shall be granted:

(1) Bigamy or cohabitation with others;

(2) Domestic violence committed Or abuse or abandon family members;

(3) Have bad habits such as gambling and drug abuse and refuse to change despite repeated admonitions;

(4) Separated for more than two years due to emotional discord;

(5) Other situations that lead to the breakdown of the relationship between husband and wife.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court has ruled that divorce is not allowed, and the two parties have lived apart for one year, and one party files a divorce lawsuit again, the divorce shall be granted.

Article 1085. After divorce, if a child is directly raised by one party, the other party shall bear part or all of the child support. The amount of expenses to be paid and the length of the period shall be agreed upon by both parties; if the agreement cannot be reached, the People's Court shall make a decision.

The agreement or judgment stipulated in the preceding paragraph shall not prevent the children from making reasonable demands to either parent that exceed the original amount of the agreement or judgment when necessary.

Article 1,087 When divorcing, the husband and wife’s separate property shall be handled by agreement between the two parties; if the agreement cannot be reached, the people’s court shall take care of the children, the wife and the widow according to the specific circumstances of the property. Principle judgment on the rights and interests of the at-fault party.

The rights and interests enjoyed by husband or wife in family land contract management shall be protected in accordance with the law.