I sincerely ask legal elites from all walks of life to help me analyze the legal issues of divorce f

Specifically, the conditions for divorce compensation are as follows:

1) One party has bigamy or cohabitation with others, commits domestic violence, or has acts of abuse or abandonment.

2) The court decrees a divorce because of the above-mentioned acts. In other words, divorce compensation should be based on divorce, and if it does not reach the level of divorce, but is damaged during marriage, then damages between husband and wife should not be brought separately.

c) The injured party has suffered damage. There are two types of damages: property damage and moral damage.

4) The petitioner is not at fault.

If the innocent party files a claim as a plaintiff, it must be filed at the same time as the divorce proceedings. If the plaintiff does not do so, it will be deemed to have waived this right and will lose the right to claim compensation in the future. If the party at fault is the plaintiff and files a divorce lawsuit in court, and the party who is not at fault is the defendant, and the defendant does not agree to the divorce and does not file a claim for divorce compensation, he may file a separate divorce claim for damages within one year after the divorce.

If it is not raised in the first instance, but is raised in the second instance, the people's court shall conduct mediation. If mediation fails, the parties shall be informed that within one year after the divorce, they may file a separate lawsuit for divorce compensation.

In order to sue for bigamy, it must be openly cohabited as husband and wife, or if the married person is married to another person. Evidence for this is relatively difficult.

I suggest that it is best to go to court and sue for divorce directly, since your father is the party at fault, your mother can share more of the property and can also get moral compensation.

Article 46 of the Marriage Law In any of the following circumstances, if a divorce is caused, 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.

A sexual relationship formed by a spouse and a person entering into cohabitation is an act of cohabitation. If it is not openly carried out with a third party in the name of husband and wife, it is an ordinary act of concubinage and does not belong to the crime of bigamy. In the case of unlawful cohabitation in the name of husband and wife, where both or one of them has a spouse, the offence of bigamy is committed.

Therefore, it is relatively difficult for you to sue him for bigamy.

If you file for divorce, because the husband is really at fault, he can divide more property in the process of divorce.

If the post-marital compensation court does not deal with it, regarding the agreement, if he is willing to sign an agreement to give you 300,000, it is also valid. However, it is better to agree on a specific time.

First of all, if your father lives with another woman in the name of husband and wife, you can go to the court to file a criminal private prosecution against your father for bigamy.

In fact, your mother can go directly to the court to sue for divorce, and since your father has an extramarital affair, she can get more of the property. As for post-marital compensation, the court will generally not support it, but if your father is willing to sign the agreement, then there is no problem.

Legal Analysis: Divorce damages are divided into two parts, one is material loss, and the other is mental loss. Material losses are mainly property losses, such as direct losses such as medical expenses and nursing expenses due to domestic violence or abuse.

The amount of material losses is still relatively clear in China's laws, and judges will determine the amount of material losses in accordance with the relevant legal provisions when hearing a case. However, the mental loss is intangible, and the degree of damage is relatively difficult to determine.

Legal basis: Civil Code of the People's Republic of China Article 1091 In any of the following circumstances, resulting in divorce, the innocent party has the right to request damages: (1) bigamy; (2) cohabitation with another person; (3) Committing a family (4) abusing or abandoning a family member; (5) There are other major faults.

Regarding your mother's claim for compensation, the key is to see how much your father's current property is, if there is 1 million, then your mother should get 500,000 according to the law without considering other factors, if your mother can get evidence of your father's bigamy, then your father is at fault, and your mother is the innocent party can claim a certain amount of compensation in the divorce, then your mother will definitely have a compensation in addition to the 500,000 yuan she gets according to law, as for how much, this has to be decided by the people's court, maybe 100,000, maybe 200,000, then your mother asks for 500,000, it will definitely be supported, and it is a loss, so it is a bypass. You can send me a private message to ask for details, because after all, personal privacy is involved.

Regarding the issue that you own two houses, this is a gift legal relationship, what you bought at the time of marriage is yours as long as you accept it and register it in your name, and the other set that your father said is for you, as long as your mother agrees and changes the name to your name, this is also yours. There will be no danger to this. Unless you have Article 192 of the Contract Law, your parents, i.e., the donor, can revoke the gift if the donee has one of the following circumstances:

1) Seriously infringing upon the donor or the donor's close relatives;

2) Failure to perform the obligation to support the donor;

3) Failure to perform the obligations agreed upon in the gift contract.

The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reason for revocation.

If your parents exercise the right of revocation within one year, they will still claim a refund from you in law, otherwise, if you do not have the above circumstances or do not exercise the right of revocation within one year, you will not be able to, and your parents will no longer be able to ask you for a house.

As for the evidence of your father's bigamy, the recording has a certain legal effect, and this key can be used as evidence as long as it is determined by the court, and if it cannot be determined, your mother can also request a paternity test according to the "Interpretation III of the Marriage Law", so that it can be fundamentally determined whether your father has bigamy.

1. There is the possibility of compensation, but it is difficult to achieve a high amount of price. 2. It is recommended to transfer the ownership to your name in time, and there will be no hidden dangers. 3. The crime of bigamy is unlikely.

Your mother's claim for compensation does not lack legal basis, and it mainly depends on whether your father can approve it;

If your father promises you to own these two properties, it must go to your name, otherwise there is no security;

Your mother did not collect evidence of your father's bigamy, but only had a recording of your father admitting to having a girl with a third party in **, which has legal effect;

If you are suing your father for bigamy, there is still a lack of evidence.

1. Having a third party is not the same as bigamy. The recording has the force of law, but it does not prove bigamy.

2. There is only a third party, and under the current legal conditions of marriage in China, the claim for damages will not be supported. Divorce damages are limited to bigamy, cohabitation, domestic violence, desertion, and abuse. If your father is willing to pay, the law does not interfere.

3. The division of property can be taken care of as a no-fault party. You own a property and you have to transfer it according to the law.

If your father and a third party have applied for a marriage certificate before it is considered bigamy, the recording is legally valid, but it is not enough to prove your father's bigamy, it is recommended to collect other evidence, and the transfer of the two properties to your name will have corresponding protection.

The property is divided equally after marriage, and the property before marriage is owned by the individual, and if one party is at fault, the other party can ask for corresponding compensation, Weifang lawyer Xu Zhencai answered.

If there is sufficient evidence to prove it, your mother can claim compensation. You own two houses, and there are no hidden problems. The recording can be used as evidence, but the evidence is not very sufficient, and the possibility of pursuing bigamy is not very high.

1. Litigation divorce generally does not support the issue of alimony, and the parties to the divorce by agreement can agree that one party will give the other party money and other material benefits, but if an agreement cannot be reached, the court will rule that the party who is generally not at fault, that is, your mother, can divide more of the joint property of the husband and wife.

2. The property belongs to your father or your parents to give you, no problem, your parents are living well, and it has nothing to do with the inheritance.

3. Extramarital affairs are not the same as bigamy!! Otherwise, how many men in China will be in prison!!

There are no specific facts of the case, so it is impossible to analyze and discuss it.

Article 46 of the Marriage Law stipulates that in any of the following circumstances, the innocent party has the right to claim damages if the family is divorced

1) bigamy;

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

3) Committing domestic violence;

4) Abuse or abandonment of family members.

If the divorce is caused by remorse due to the above reasons, and damages are claimed, the following conditions shall be met:

1. Must be a no-fault party in a legal marital relationship;

2. The divorce must be caused by the fault of the other party;

3. It must be filed at the time of filing for divorce, that is, compensation can only be filed for divorce, and compensation must be filed under the premise of divorce.

4. It must be against the party at fault in the legal marriage relationship, and cannot claim damages from a third party.

1. Because you have not applied for a marriage certificate, this kind of marriage is not recognized by the law, so it is not a husband and wife relationship in the legal sense. So you can't talk about divorce, but if you have a child, if you can't reach an agreement on child support, then you can only go to the court to sue for a judgment on the ownership of child custody and the payment of relevant child support.

2. Because there is no marriage, there is no joint property and debts of the husband and wife, if you can prove that the property is your own, then when you sue, you can also ask the court to divide the joint property at the time of cohabitation.

Matrimonial lawyer in Beijing.

The parties are not married, so there is no question of divorce, and the parties simply dissolve the illegal cohabitation relationship.

In this case, there is generally no compensation, and if you are raising a child, you can ask for a certain amount of child support.

For other property, each property shall be owned by each of them.

Without a marriage certificate, there is no divorce, the court will not accept it, they are just cohabitation, two people are separated, the property during the cohabitation period, negotiate and settle by themselves, who the child is also negotiated, and if the child's maintenance cannot be negotiated, you can sue the court.

1. De facto marriages are no longer recognized. So you didn't get a marriage certificate, even if you had a wedding wine and had children, you are not legally a husband and wife under the marriage law, so since you are not married, where is the divorce?

2. On the issue of child rearing. A child is born out of wedlock, but the right and obligation to raise the child are not extinguished. Your child, as a parent, should have an obligation to raise him. The other party can claim child support.

3. Because you are not considered husband and wife in law, there is no such thing as joint property of husband and wife under the Marriage Law. However, your personal property can still be claimed. In a word, whose money is returned to whom!

1. There is no marriage registration, and there is no problem of divorce.

2. The custody of the child can be resolved through negotiation, if the man wants, according to the law, the woman who does not live with the child needs to pay child support until the child reaches adulthood, of course, if the man says that he does not need the woman to pay child support, it is also okay, but it cannot prevent the man from being unable to raise the child in the future, and the child asks the woman to pay child support. If the negotiation is good, it is best to write an agreement explaining the custody and maintenance of the child. If the woman also wants to have children, but the negotiation fails, it can also be resolved through the court.

3. In terms of property, it mainly depends on whether you have jointly funded the purchase of property during your cohabitation. In layman's terms, if you paid for this thing, then it belongs to you. If both sides have contributed money for this thing, then it depends on how much money they have paid, and if it can't be proved how much they have contributed before, then it will be half of each person.

4. There is no compensation problem, such as the woman's youth fee.

1. The marriage relationship is not protected by law, and it is okay to leave automatically.

2. The children can be settled by litigation, and one party will support the other party to pay child support.

3. In terms of property, there is no compensation, and it is treated as general co-ownership.

Was her claim reasonable? Is there a basis for this?

Irrationality. There is no basis.

When I got married, I basically paid for all the expenses (including the two banquets, etc., about 50,000 yuan). The other party only married some warm pots, tea sets, and a few quilts. Conversely, can I claim compensation or get back the money I paid?

Property acquired after marriage may be divided among them. If the parties have registered their marriage and live together, the bride price will not be refunded in principle.

On the issue of divorce, if the two parties have successfully negotiated and reached an agreement on divorce, property division, child support, and debt burden, they can go to the civil affairs bureau where one party's household registration is located to register the divorce; If the two parties fail to reach an agreement through negotiation, they can be resolved by litigation. You should provide relevant evidence to prove that the relationship between the parties has broken down and the case has been filed.

Article 32: Where a man and a woman request a divorce, the relevant departments may conduct mediation or directly file a divorce lawsuit with 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 should be granted.

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

1) bigamy or cohabitation of a person with a spouse;

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

3) Those who have bad habits such as gambling and drug abuse that they do not change;

4) Separated for two years due to emotional discord;

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

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

In general, compensation cannot be claimed in a divorce, and the bride price cannot be refunded.

There is no basis for claiming compensation for moral damages; Because the payment of the bride price has caused serious hardship, it can be requested to be returned.

1. According to this case, the woman's claim for moral damages has no factual basis.

2. You have actually lived together after getting married, and the non-return does not cause you difficulties in life, so you cannot ask for a refund of the bride price according to the law.

3. Since it is true that we can't get together, it's good to say that we should be separated.

4. If the negotiation fails, it is better to file for divorce.

Thank! Thank you so much!!