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涉外婚姻屡见老夫休少妻 办案法官提醒:年龄差

发布于:2019-02-18 09:57

近几年来,东莞的涉外(包括港澳台,以下统称为涉外)婚姻纠纷越来越多,这些案件的共同特点是外籍(或港澳台籍)老夫起诉要求与少妻(内地女子)离婚,起诉原因则无一例外是感情破裂。主办法官分析认为,由于婚姻双方存在较大的年龄差异,沟通有障碍,婚姻破裂的悲剧自然无法避免。
 
In recent years, more and more foreign-related marriage disputes (including Hong Kong, Macao and Taiwan, hereinafter referred to as foreign-related) have occurred in Dongguan. The common feature of these cases is that foreign (or Hong Kong, Macao and Taiwan) husbands sue for divorce from their young wives (Mainland women). The reasons for the suit are all emotional breakdown. According to the analysis of the host judge, the tragedy of marriage breakdown is inevitable because of the age difference and communication barriers between the two parties.
 
 
 
三年判离百余宗
 
More than 100 cases were sentenced in three years
 
 
 
据了解,东莞的涉外婚姻纠纷近年来呈激增趋势:1999年之前为数极少,1999年到2001年的三年中,仅东莞市基层法院即东莞市人民法院审结的涉外婚姻纠纷案件就达到119宗。
 
It is understood that the number of foreign-related marital disputes in Dongguan has increased dramatically in recent years: before 1999, there were very few. In the three years from 1999 to 2001, 119 cases of foreign-related marital disputes were settled by Dongguan Municipal People's Court alone.
 
 
 
东莞中院对相关案件进行调查后发现,东莞近几年的涉外婚姻纠纷案件,涉及日本、美国、韩国以及东南亚地区。其中绝大多数都是外籍男方主动提出要求离婚的,起诉因由则都是感情破裂。如一位日本人提出离婚起诉,他的理由很简单:女方骗了他,结婚只是为了他的钱。
 
After investigating the relevant cases, the Dongguan Intermediate Court found that in recent years, Dongguan's foreign-related marital disputes involving Japan, the United States, South Korea and Southeast Asia. Most of them are foreign men who take the initiative to ask for divorce, and the reasons for prosecution are emotional breakdown. If a Japanese filed a divorce lawsuit, his reason was simple: the woman cheated him and married only for his money.
 
 
 
年龄最多差四十
 
The maximum age difference is 40.
 
 
 
东莞市人民法院民庭婚姻纠纷案件主办法官余爱雄在总结自己经办的有关案件时说,涉外婚姻纠纷案大体呈现以下特点:基本上都是老夫少妻型,年龄相差大,最大的相差近40岁;双方是经人介绍后认识的,缺乏感情基础;女方基本上是内地人,大多希望通过“嫁出去”这种途径来改变生活处境。
 
Yu Aixiong, the host judge of Dongguan People's Court civil court marriage dispute case, said in summarizing the related cases he handled, foreign-related marriage dispute cases generally show the following characteristics: basically, they are old husband and young wife, age difference is big, the biggest difference is nearly 40 years old; both sides are known after introduction, lack of emotional basis; the women are basically Mainland people, mostly hope to pass the "marriage". Get out of this way to change your life situation.
 
 
 
据介绍,这类婚姻中,通常都是男方在东莞买房给女方住,女方不工作,男方则每周回来一两次,成为一种假日夫妻。因双方本来就缺乏感情基础,加上年龄差异太大,造成了沟通上的障碍。结果导致婚姻维持的时间不长,一般都在两三年左右。
 
According to reports, in such marriages, usually the man buys a house for the woman to live in Dongguan, the woman does not work, and the man comes back once or twice a week, becoming a holiday couple. Due to the lack of emotional foundation between the two sides and the great age difference, communication barriers have been created. As a result, the marriage lasts for a short time, usually about two or three years.
 
 
 
外嫁千万要谨慎
 
Be cautious when marrying out
 
 
 
余法官认为,涉外婚姻中,很多内地的年轻女性结婚目的是想通过嫁人来改变自己的生活处境,结果往往不考虑双方的年龄差距。事实上,这种缺乏感情基础的婚姻是不现实的。虽然在法庭上,女方通常把责任都推到男方身上,但女性应该很清楚地知道自己结婚是因为感情,还是为了钱。因此,余法官提醒年轻女性外嫁时应慎重。
 
Judge Yu believes that in foreign-related marriages, many young women in the Mainland marry in order to change their living conditions through marriage, often without considering the age gap between the two sides. In fact, this kind of marriage without emotional foundation is unrealistic. Although in court, women usually put the blame on men, but women should be very clear that they marry because of love, or for money. Therefore, Judge Yu reminds young women to be cautious when they marry out.
 
 
 
■案例 结婚十年六旬翁要离
 
Case Marriage Ten Years
 
 
 
这是东莞市人民法院去年审结的一宗婚姻案。原告丈夫李某是香港人,在东莞某镇开有一家工厂。1991年经人介绍,50岁的李某与28岁的东莞女子王某相识,并于次年登记结婚,两人于1994年生下一子。据李某诉称,婚前双方曾约定:王某要服侍好婆婆,李某则在东莞市买一套房子给王某。但李某认为,王某没有履行其应尽的义务,请求法院解除两人的夫妻关系。王某则表示,要等儿子成年后才同意离婚。
 
This is a marriage case concluded by Dongguan People's Court last year. The plaintiff's husband, Li Mou, was from Hong Kong and had a factory in a town in Dongguan. In 1991, it was introduced that Li Mou, 50, met Wang Mou, a 28-year-old Dongguan woman, and registered for marriage the following year. They gave birth to a son in 1994. According to Li Mou's complaint, both parties had agreed before marriage that Wang Mou should serve his mother-in-law, while Li Mou bought a house for Wang Mou in Dongguan City. But Li Mou believed that Wang Mou did not fulfill his obligations and asked the court to dissolve their husband-wife relationship. Wang said that he would not agree to divorce until his son became an adult.

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