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Analysis of the Law of Returning to the Law: Bigamy; a person who has a spouse cohabiting with another person; committing domestic violence; In the event of divorce due to abuse or abandonment of a family member, the innocent party has the right to claim damages.
Compensation for the party at fault in a divorce generally includes two aspects: material damages and moral 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) Ill-treatment or abandonment of family members; (5) There are other major faults.
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Perhaps the atmosphere of the social stool will be more open, now some married people live like unmarried people, for this kind of people, if the divorce is only divided according to half of the property, it is very unfair to the party who has worked hard in the family, so the law provides that in some special circumstances, you can require the party at fault to bear the liability for compensation. However, evidence is required to claim compensation for divorce. According to the provisions of the Civil Procedure Law, the principle of proof in the course of litigation is "whoever asserts the claim shall present evidence".
The Marriage Law stipulates that if a divorce is caused by one of the statutory circumstances such as bigamy, cohabitation of a spouse with another person, domestic violence, abuse and abandonment of family members, etc., and the innocent party claims liability for damages, it shall provide evidence to the court that the other party has committed the above-mentioned acts during the marriage. In other words, the acts that can be claimed for compensation are limited to the above four acts, and the innocent party is at fault through the court, and if the court finds that the other party has one of the above-mentioned acts, it may award compensation.
[Legal basis].
Article 1091 of the Civil Code of the People's Republic of China? 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) Ill-treatment or abandonment of family members; (5) There are other major faults.
Article 64 of the Civil Procedure Law of the People's Republic of China provides that parties have the responsibility to provide evidence for their own claims.
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When filing for compensation for the party at fault in the divorce, it is necessary to submit evidence of the other party's fault to the court. In the case of bigamy, evidence of the other party's bigamy shall be submitted. If a spouse is cohabiting with another person, the fact that the at-fault party is cohabiting with another person is required to be submitted.
Domestic violence, evidence of domestic violence by the at-fault party. In the case of abuse and abandonment of family members, as in the case of domestic violence, it is necessary to preserve the evidence in a timely manner, and if necessary, the police can be asked to help. If one party claims that the other party is at fault, it needs to bear the burden of proof for the fault of the other party, and unless the other party agrees to it, the legal consequences of failing to present evidence will be borne.
[Legal basis for changing spring sui].Article 63 of the Civil Procedure Law of the People's Republic of China Evidence includes:
1) Statements of the parties;
2) documentary evidence; 3) physical evidence;
4) audio-visual materials;
5) Electronic socks data;
6) witness testimony;
7) Appraisal opinions;
8) Inquest records.
Evidence must be verified to be true before it can be used as a basis for determining facts.
Your situation is a typical flash marriage, and I see a similar situation to you on the ** stage: >>>More
Legal analysis: According to the laws of our country, if there are statutory circumstances in the event of divorce, the innocent party has the right to claim damages. >>>More
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.
If one party wants to divorce and the other party does not agree, he can go to the court to sue for divorce. If the court finds that the relationship between the husband and wife has broken down, the divorce will be granted without the consent of the other party. >>>More
The condition of divorce is that the relationship between the parties has broken down. >>>More