What is the amount of compensation for moral damages in a divorce case

According to Article 46 of the Marriage Law, if any 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) Abusing or abandoning family members.

If you are at fault under the Marriage Act, you should compensate the other party for the spiritual solace. Note that only the innocent party can claim moral damages for divorce. Of course, if one spouse does not care whether the other party is also at fault out of guilt, it is also okay to voluntarily give the other party a spiritual solace money.

Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Moral Damages in Civil Torts Article 10 The amount of compensation for moral damages shall be determined on the basis of the following factors: (1) the degree of fault of the infringer, except as otherwise provided by law; (2) Specific circumstances such as the means, occasions, and methods of conduct of the violation; (iii) the consequences of the violation; (4) the infringer's profits; (5) the infringer's economic capacity to bear responsibility; (vi) The average standard of living in the seat of the court where the suit is filed.

Article 11: Where the victim is at fault for the fact of the harm and the consequences of the harm, the infringer's liability for compensation for moral damages may be reduced or exempted based on the degree of his fault.

The premise of compensation for moral damages in divorce is the end of the marital relationship, so problems such as child support and division of family property will arise from this. Therefore, when determining the amount of compensation for moral damages, other circumstances should also be taken into account, such as factors such as the spouse's use of domestic work and child support, the time and expenses spent on education, and the economic level of the area.

Ordinary people divorce for tens of thousands of yuan.

There is no definite amount of compensation for moral damages in divorce, and the following factors should be considered when making compensation: (1) the degree of moral damage of the innocent party. (2) Damage caused by the at-fault party to other family members such as children and the elderly.

3) The degree of fault of the party at fault, the type of fault, combined with the motive, the means of the act, the seriousness of the circumstances, etc. (4) The size of the contribution of the party at fault to the family, the health level, economic status and economic income of both parties.

Legal basis: Article 1091 of the Civil Code of the People's Republic of China In any of the following circumstances, which leads to divorce, the innocent party has the right to claim damages:

a) bigamy; 2) cohabitation with another person;

3) Committing domestic violence;

4) Abuse or abandonment of family members;

5) There are other major faults.

1) The degree of the infringer's fault, except as otherwise provided by law;

(2) Specific circumstances such as the means, occasions, and methods of conduct of the violation;

(iii) the consequences of the violation;

(4) the infringer's profits;

(5) the infringer's economic capacity to bear responsibility;

(vi) The average standard of living in the seat of the court where the suit is filed.

Where laws and administrative regulations have clear provisions on disability compensation, death compensation, and so forth, the provisions of the applicable law or administrative regulations are to be applied.

Legal analysis: The amount of moral damages in divorce should be considered from the following aspects: 1. The degree of fault of the infringer; 2. Means of infringement; 3. Consequences; 4. The economic status of the infringer; 5. Local living standards.

Therefore, the specific amount can be judged according to the actual situation.

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.

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. How much is the compensation for moral damages in divorce cases?

The standard of compensation for moral damages in divorce cases is not statutory, and the amount of compensation for moral damages is determined based on the following factors:

1) The degree of fault of the infringer, except as otherwise provided by law;

2) The specific circumstances of the infringement, such as the purpose, method, and occasion;

(iii) the consequences of the violation;

(4) the infringer's profits;

(5) the infringer's economic capacity to bear responsibility;

6) The average standard of living in the location of the court accepting the lawsuit.

2. What are the circumstances under which damages can be claimed in the event of divorce?

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 are other major faults.

3. What is the litigation process for divorce damages disputes?

1. The plaintiff sues.

2. After the court accepts the case, a copy of the indictment shall be served on the defendant.

3. The defendant submits a reply within 15 days, and the court shall serve a copy of the reply on the plaintiff within 5 days.

4. In the case of the decision to be heard, the court shall notify the parties three days in advance.

5. The court investigation stage includes: the statements of the parties; inform witnesses of their rights and obligations, testify against witnesses, and read out the testimony of witnesses who have not appeared in court; production of documentary evidence, physical evidence and audio-visual materials; read out the appraisal conclusions; The inquest transcript is read.

6. Court debates include: speeches by the plaintiff and its litigant; Defendants and their litigants plead; The third party and its litigant make a fierce statement or reply; Debating with each other. At the conclusion of the courtroom debate, the presiding judge is to solicit the final opinions of all parties in the order of the plaintiff, defendant, and third party.

7. At the conclusion of courtroom debate, a judgment shall be made in accordance with law. Where mediation is possible before the judgment is made, mediation may also be conducted, and where mediation fails, a model judgment shall be made in a timely manner.

8. Announcement of judgment.

In fact, it is not suitable for the legal system to uniformly stipulate moral damages, because there is no way to accurately determine the degree of moral damages, so even if the court is asked to determine the standard of moral damages, the court will also make its own judgment based on various factors, and in addition, if both parties have not had any major fault during the marriage, there is no need to pay moral damages at the time of divorce.

Legal Analysis: On the issue of how to determine the amount of moral damages for divorce, it needs to be determined according to the following actual circumstances:

1. The degree of fault of the perpetrator: This can be used as an indicator of the severity of the sanction against the perpetrator. Where the fault is serious, causing emotional harm to the victim or causing serious harm to the injured party's mental interests, the amount of solatium shall be increased as appropriate; If the perpetrator is only slightly negligent, the amount of solatium may be reduced accordingly.

2. The degree of mental damage: the degree of mental injury and mental pain suffered by the victim may be considered, such as whether there are emotional disorders such as anger, fear, anxiety, frustration, and sadness; whether there is a physical illness due to mental and emotional impairment; whether they are depressed or in a trance, affecting their work and life; Whether there is a mental illness and so on. Since the result of the damage involves the physical and mental aspects of the person, if necessary, the medical unit can be entrusted to make a corresponding judgment.

4. The average standard of living in the place where the court is sued.

5. Other relevant factors: such as the length of marriage of both parties, the length of marriage between the parties, the relationship between the two parties after marriage, the contribution of the innocent party to married life, and other factors should be considered as compensation factors.

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

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) Abuse or abandonment of family members;

5) There are other major faults.

Article 1183:Where the personal rights and interests of natural persons are infringed upon and serious mental harm is caused, the infringed person has the right to request compensation for mental damages.

Where serious mental harm is caused by intentional or gross negligence infringement of a natural person's specific object of personal significance, the infringed party has the right to request compensation for moral damages.

The two sides negotiated and agreed, with a maximum of 50,000 yuan.

The amount of moral damages involved in divorce is related to the following factors:

1.The degree of fault of the infringer is not otherwise provided by law.

2.Specific circumstances such as the means, occasions, conduct, and methods of the violation.

3.Consequences of the infringement.

4.The infringer's profits.

5.The infringer's economic ability to bear responsibility.

6.The average standard of living in the seat of the court where the suit is filed.

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