Legal analysis: Fake divorce is not only disrespectful to the law and blasphemous to marriage, but also its implied legal risks should not be underestimated. There is no concept of "fake divorce" in law. As long as the parties to the marriage go through the divorce registration formalities according to law, the marriage relationship is declared dissolved, so the legal consequences of fake divorce are exactly the same as those of real divorce.
Fake divorce is a fraudulent act that violates the law. If there is evidence to prove that it is a fake divorce, the mortgage loan qualification thus obtained is not protected by law. At the same time, the marriage relationship must be registered for marriage and divorce based on the willingness of both parties. If the divorce registration has been registered, there is no legal evidence to support the cancellation of registration, or the other party is unwilling to remarry, the marriage relationship cannot be restored.
Legal basis: Article 176 of the Civil Code of the People's Republic of China
If both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of the will of both parties to divorce voluntarily and the consensus opinions on matters such as child support, property and debt handling.
article 179th if a spouse requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
when trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation fails, divorce shall be granted.
If mediation fails under any of the following circumstances, divorce shall be granted:
(1) Bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(3) gambling, drug abuse and other bad habits;
(4) separated for two years due to emotional disharmony;
(5) Other circumstances 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, the two parties have been separated for one year, and if one party files a divorce lawsuit again, it shall be allowed to divorce.