What are the circumstances under which you can claim compensation for mental damages in a divorce?

1. Those who meet any of the circumstances specified in Article 46 of the Marriage Law may claim compensation for losses;

2. Legal basis: "Marriage Law" (2001 Amendment) Article 46 [Compensation for Damages] In any of the following circumstances, which leads to divorce, the innocent party has the right to claim damages:

1) bigamy;

2) A person who has a spouse cohabits with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members.

Legal analysis: According to the provisions of relevant laws and regulations, it can be seen that in the following circumstances, the innocent party may claim damages from the party at fault for the divorce and defense marriage, one is bigamy; (2) a person who has a spouse cohabits with another person; (3) committing domestic violence; Fourth, abusing or abandoning family members.

Legal basis: Article 1091 of the Civil Code of the People's Republic of China and the People's Republic of China In any of the following circumstances, resulting in divorce, 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.

Legal Analysis: The circumstances of applying for divorce compensation include: (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.

Generally, it is possible to divide more property when dividing. In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman and the innocent party.

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

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement fails, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the child, the woman, and the innocent party. The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

Article 1088:Where one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, and so forth, they have the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. 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, where a divorce is caused, the party who is not at fault has the right to claim damages:

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.

Moral compensation can be claimed during divorce if one of the parties to the marriage is due to bigamy; cohabitation with another person; committing domestic violence; Where other major faults such as abuse or abandonment of family members lead to divorce, the innocent party has the right to claim compensation for divorce damages, including 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, if the divorce is caused, the innocent party has the right to claim damages:

a) bigamy; (2) cohabitation with another person;

(3) Committing domestic violence;

4. Hongjing) abuse and abandonment of family members;

(5) There are other major faults.

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

"Compensation for damages" as provided for in Article 1091 of the Civil Code includes 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" shall apply.

Legal analysis: Divorce moral damages can be claimed under the following circumstances: 1. If one of the husband and wife has bigamy, the innocent party can claim damages; 2. If one of the husband and wife cohabits with another person during the marriage, the other party may claim damages; 3. If one party commits acts of domestic violence, the other party may claim damages; 4. If one party abuses or abandons a family member, the other party may claim damages; 5. If one party has other major faults, it may claim damages.

If one of the husband and wife is at fault as prescribed by law, the innocent party may claim damages, and the party at fault shall pay compensation.

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' intention to divorce voluntarily and the opinions on matters such as child support, property, and debt disposition.

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) Those who have gambling habits, drug addiction, and other vices that are not changed;

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.

Article 1085:After divorce, where children are directly raised by one party, the other party shall bear part or all of the child support. The amount of the cost to be borne and the length of the period shall be agreed upon by both parties; If the agreement is not reached, the people's court shall make a judgment.

The agreement or judgment provided for in the preceding paragraph does not prevent the child from making a reasonable demand to either parent in excess of the amount originally set forth in the agreement or judgment when necessary.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

1) bigamy;

2) There is a person who is worthy of holding and guessing a mate and cohabiting with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members.

Legal basis] If one of the following circumstances leads to divorce, the innocent party has the right to claim damages:

1) bigamy;

2) A person who has a spouse cohabits with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members.