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离婚又复婚 很多事都不一样了

作者:admin  日期:2019-03-07 10:06  人气:
很多夫妻有时因为一时冲动而分手,可事后冷静下来又觉得后悔,离婚后又办理了复婚。可复婚与初婚的权利义务有何不同呢?今天,我们就请天津涧联律师事务所杨晶律师为大家讲解相关法律问题。
 
Many couples sometimes break up on impulse, but later they calm down and feel regretful. After divorce, they get remarried. What is the difference between the rights and obligations of remarriage and first marriage? Today, we invite lawyer Yang Jing of Tianjin Jianlian Law Firm to explain the relevant legal issues for you.
 
 
 
案例一
 
Case 1
 
 
 
离婚又复婚,人事部门不批准婚假?
 
Divorce and remarriage, the personnel department does not approve marriage leave?
 
 
 
3年前,董先生因感情不和与妻子离婚,可经过了一段时间的冷静,董先生和前妻觉得还是彼此更适合对方,近日,董先生又和前妻到婚姻登记处领取了结婚证。
 
Three years ago, Mr. Dong was divorced from his wife because of emotional discord, but after a period of calm, Mr. Dong and his ex-wife felt that they were better suited to each other. Recently, Mr. Dong and his ex-wife went to the marriage registration office to get their marriage certificate.
 
 
 
感情失而复得,董先生格外珍惜,决定带妻子出国旅行,再度蜜月。董先生拿着结婚证到公司人事部门申请婚假,但人事部门并没有批准。人事部门给出的理由是,董先生是复婚而不是初婚,先后是和同一个结婚对象办理的结婚,所以这不符合申请婚假的条件。这样的解释让董先生很不理解,“甭管我是几婚,也别管我跟谁结婚,反正我是结婚,就应该批准我的婚假。”董先生非常郁闷。
 
Mr. Dong cherished the loss of love and decided to take his wife on a trip abroad and honeymoon again. Mr. Dong took his marriage certificate to the company's personnel department to apply for marriage leave, but the personnel department did not approve it. The reason given by the personnel department is that Mr. Dong is remarried rather than first married, and married with the same married object successively, so this does not meet the requirements of applying for marriage leave. Such an explanation makes Mr. Dong very difficult to understand. "Never mind how many marriages I am, nor who I am married to. Anyway, if I am married, I should grant my marriage leave." Mr. Dong is very depressed.
 
 
 
那么,像董先生这样的情况,和同一结婚对象复婚是否能够享受到婚假待遇呢?
 
So, in the case of Mr. Dong, can remarriage with the same marriage object enjoy the treatment of marriage leave?
 
 
 
解答:根据《关于对再婚职工婚假问题的复函》的相关规定,再婚者与初婚者的法律地位相同,用人单位对再婚职工应当参照国家有关规定,给予同初婚职工一样的婚假待遇。复婚是再婚的一种形式,也可以请婚假。而复婚是指离了婚的男女重新和好,再次登记结婚,恢复夫妻关系。复婚也属于再婚,只不过是一种特殊的再婚。既然再婚可以享受3天的婚假,复婚也应该享有。只要是依法结婚的员工,不管是初婚、再婚,还是复婚,都可以向单位申请婚假。
 
Answer: According to the relevant provisions of the Reply Letter on Marriage Leave for Remarried Workers, the legal status of the remarried and the First-married is the same. The employer should refer to the relevant provisions of the state and give the same treatment for the remarried workers as the First-married workers. Remarriage is a form of remarriage. It can also take marriage leave. Remarriage refers to the reconciliation of divorced men and women, the re-registration of marriage and the restoration of husband-wife relationship. Remarriage also belongs to remarriage, but it is a special kind of remarriage. Since remarriage can enjoy three days of marriage leave, remarriage should also be enjoyed. Employees who are legally married, whether they are first married, remarried or remarried, can apply for marriage leave from their employers.
 
 
 
案例二
 
Case two
 
 
 
离婚又复婚,房产变成了婚前财产?
 
Divorce and remarriage, real estate into premarital property?
 
 
 
两年前,齐女士与前夫办理了离婚手续,十年的婚姻就这样结束了,在当初拟定离婚协议时,前夫放弃了孩子的抚养权,把二人唯一的一套房产留给了齐女士。
 
Two years ago, Ms. Qi and her ex-husband went through the divorce formalities. Ten years of marriage ended. When the divorce agreement was drawn up, the ex-husband gave up the custody of the children and left their only real estate to Ms. Qi.
 
 
 
虽然两个人已经离婚了,但前夫时常来探望孩子,有时齐女士在生活中遇到一些麻烦,前夫第一时间赶来处理。一来二去,破裂的感情又有所恢复,两个人也渐渐后悔之前的冲动和不理解。最近,前夫主动提出了复婚,齐女士也表示同意,她也想给孩子一个完整的家。此时,齐女士想到了离婚时判给自己的房子,经过离婚又复婚,这套房子是属于自己的婚前财产呢?还是与前夫复婚后的夫妻共同财产呢?
 
Although they have divorced, their ex-husband often visits their children. Sometimes Ms. Qi has some troubles in her life, and her ex-husband comes to deal with them as soon as possible. Come and go, the broken feelings have been restored, and the two people gradually regret the impulse and incomprehension before. Recently, her ex-husband offered to remarry. Ms. Qi agreed. She also wanted to give her children a complete family. At this time, Ms. Qi thought of the house she was awarded to her when she got divorced. After divorce and remarriage, does this house belong to her premarital property or to the joint property of husband and wife after remarrying with her ex-husband?
 
 
 
解答:这套房产应当属于齐女士的个人财产。我国房屋产权实行的是登记所有制原则,基于前次协议离婚时,双方明确约定房屋产权是归齐女士个人所有的。事后虽然双方复婚,但并没有将房屋产权再恢复为共同所有,因此,该房屋产权应当作为双方复婚后的婚前个人财产。若再离婚,房屋产权就属于齐女士的婚前个人财产,不能作为夫妻共同财产进行分割。
 
Answer: This property should belong to Ms. Qi's personal property. In our country, the principle of registered ownership is applied to the property rights of houses. When divorced according to the previous agreement, the two sides clearly agreed that the property rights of houses should be owned by Ms. Qi personally. Although the two parties remarried afterwards, the property right of the house was not restored to the joint ownership. Therefore, the property right of the house should be regarded as the personal property before marriage after the two parties remarried. If divorced again, the property right of the house belongs to Ms. Qi's personal property before marriage, and can not be divided as the common property of husband and wife.

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