Can I claim compensation after a divorce, and can I claim compensation after a divorce

Absolutely. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II).

Article 27: Where parties submit a request for damages to the people's court on the grounds provided for in article 46 of the Marriage Law after completing the divorce registration formalities at the marriage registration organs, the people's court shall accept it.

Article 28: "Compensation for damages" as provided for in article 46 of the Marriage Law includes compensation for material damages and compensation for moral damages.

Marriage Law of the People's Republic of China.

Article 46: In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:

1) bigamy;

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

If you can prove that the husband is bigamy, you can also file a civil action attached to the criminal case.

Go straight to court.

You can sue her for moral damages for moral damages caused by cohabitation with another person during the marriage, but you have to be prepared because you have the burden of proof.

Yes, he was negligent and went to court to claim damages.

According to what you say, no, but ask a lawyer to help you find a way to get compensation.

Whether you can claim compensation after divorce depends on whether you meet the conditions for compensation. If one of the following circumstances leads to divorce, the innocent party has the right to claim damages:

1. One of the spouses has bigamy with another person;

2. One of the spouses cohabits with another person;

3. One spouse commits domestic violence against the other;

4. One of the spouses abuses or abandons a family member;

5. There are other major faults.

The premise for the application of divorce damages is that the husband and wife are divorced, and the divorce here includes not only judgment divorce, but also agreement divorce. In the case of divorce by mutual agreement, the parties may agree on damages, and if there is no agreement, it does not mean that the right to claim damages for divorce has been waived. After the agreement divorce takes effect, the innocent party can still file a lawsuit for damages.

However, if a divorce is decided, the innocent party needs to file a lawsuit for damages at the same time as suing for divorce, and can no longer claim after the divorce.

Legal Basis].

Civil Code of the People's Republic of China

Article 1091:[Compensation for Damages for Divorce]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.

Legal analysis: The innocent party of a divorce in China can claim compensation for divorce damages, specifically, the divorce caused by the following circumstances can claim compensation: (1) one of the husband and wife has bigamy with another person or a spouse cohabits with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) There are other major faults.

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

1) Nian Potato bigamy;

2) cohabitation with another person;

3) Committing domestic violence;

4) Abusing the foundation or abandoning family members;

5) There are other major faults.

In the case of an administrative divorce where both husband and wife agree to an administrative divorce, if the parties have reached an agreement on the issue of divorce damages, the law should respect the wishes of the parties and do not need to intervene; If the parties cannot reach an agreement on the issue of damages for divorce, they can divorce through litigation and the people's court will make a judgment in accordance with law. 1. If the party who is not at fault as the plaintiff files a claim for damages with the people's court based on the provisions of this article, it must be filed at the same time as the divorce proceedings. 2. In a divorce lawsuit in which the innocent party is the defendant, if the defendant does not agree to the divorce and does not file a claim for damages based on the provisions of this article, he may file a separate lawsuit within one year after the divorce.

3. In a divorce proceeding in which the innocent party is the defendant, if the defendant fails to file a claim for damages based on Article 46 of the Marriage Law in the first instance, and the request is made during the second instance, the people's court shall conduct mediation, and if the mediation fails, inform the parties to file a separate lawsuit within one year after the divorce. The scope of damages for divorce should include both material and moral damages. The civil liability for divorce damages should be in both property and non-property liability.

The form of liability for moral damages in divorce can also be applied to two types of concealment: non-property liability and property liability. Where the illegal conduct of the at-fault spouse causes mental trauma to the innocent spouse, a request for solatium may be requested. If the right to reputation of a spouse who is not at fault is harmed, he or she has the right to demand that the infringement be stopped, that his or her reputation be restored, that the impact be removed, that the damage be removed, that an apology be made, etc.

Article 1076 of the Civil Code of the People's Republic of China provides that if the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration at the marriage registration authority in person. 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 gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been 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.

The premise for the application of divorce damages is that the husband and wife are divorced, and the divorce here includes not only judgment divorce, but also agreement divorce. In the case of divorce by agreement, the dual-state code can agree on damages, and if there is no agreement, it does not mean that the right to claim damages for divorce has been waived. After the agreement divorce takes effect, the innocent party can still file a lawsuit for damages.

However, if the divorce is decided, the brother who is not at fault needs to sue for divorce at the same time as Fanchen's lawsuit for damages, and he cannot claim it after the divorce.

Legal basis

Article 1091 of the Civil Code stipulates that in any of the following circumstances, the innocent party shall have the right to claim damages if the divorce is caused: (1) bigamy; 2) cohabitation with another person; 3) Committing domestic violence; 4) Abuse or abandonment of family members; 5) There are other major faults.

Legal Analysis: The premise of the application of divorce damages is the divorce of the husband and wife, and the divorce here includes not only divorce by judgment, but also divorce by agreement. In the case of divorce by mutual agreement, the parties may agree on damages, and if there is no agreement, it does not mean that they have waived their right to claim damages for divorce.

After the agreement divorce takes effect, the innocent party can still file a lawsuit for damages. However, if Zaoshan is divorced, the innocent party needs to file a lawsuit for damages at the same time as suing for divorce, and can no longer claim after the divorce.

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.

At the time of divorce, compensation may be requested in the following circumstances: one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc. The court will generally support the request of such a situation.

Divorce refers to the legal act of dissolving the marital relationship and terminating the rights and obligations between the husband and wife through agreement or litigation.

Legal basisArticle 1088 of the Civil Code of the People's Republic of China.

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 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.