Will the offending party compensate the other party in the event of a divorce?

Updated on society 2024-03-31
4 answers
  1. Anonymous users2024-02-07

    Then it depends on whether the other party has a conscience.

  2. Anonymous users2024-02-06

    Legal Analysis: Both parties are at fault, and the party who divorces the Rolling Sparrow cannot claim compensation for damages.

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

    Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

    The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

    Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

    People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

    In any of the following circumstances, if mediation fails, a divorce shall be granted:

    1) bigamy or cohabitation with another person;

    2) Committing domestic violence or abusing or abandoning family members;

    3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

    4) Separated for two years due to emotional discord;

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

    Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

    Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

  3. Anonymous users2024-02-05

    Both parties are at fault and the divorcing party is generally not able to claim damages if one party is bigamy; cohabitation with another person; committing domestic violence; Where other major faults such as abuse or abandonment of family members lead to divorce, and the other party is at fault, but there are no of the above circumstances, they may request compensation for divorce damages.

    [Legal basis].Article 1091 of the Civil Code of the People's Republic of China.

    In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:

    a) bigamy; 2) cohabitation with another person;

    3) Committing domestic violence;

    4) Abuse or abandonment of family members;

    5) There is a major fault in his troubles.

    Article 86 of the Supreme People's Court's Interpretation (1) on the Application of the Marriage and Family Section.

    The "damages" provided for in Article 1091 of the Civil Code include compensation for material damages and compensation for moral damages. Where compensation for moral damages is involved, the relevant provisions of the "Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts by Liquid Wheel Dust" shall apply.

  4. Anonymous users2024-02-04

    Depending on what kind of fault it is, some faults can be claimed for compensation. In the following circumstances, the party has the right to claim damages without fault:

    1) bigamy; (2) cohabitation with another person; (3) committing domestic violence; (4) Abuse or abandonment of family members.

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

    Article 1,000 and 88.

    If one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall pay compensation in the event of divorce. The specific measures shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

    Article 1091.

    In any of the following circumstances, if the divorce is caused, the innocent party has the right to claim damages: (1) bigamy; 2) cohabitation with another person; 3) Committing domestic violence; 4) Abuse or abandonment of family members; (5) There are other major faults.

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Now it is the woman who files for divorce, and there must be reasons for divorce, and the simplest is the breakdown of the relationship. Even if the woman is not having an extramarital affair, she is not entitled to compensation. Your buddy doesn't have to care about her at all, divorce, one is to go to the Civil Affairs Bureau to agree on a divorce, and ask your buddy to agree; One is to go to the court to sue for divorce, if she can't find out your buddy's fault, such as extramarital affairs, etc., the court will not support her request.

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