How to file for divorce due to illness and sexless marriage, how to compensate

Updated on society 2024-05-15
34 answers
  1. Anonymous users2024-02-10

    There is no provision in the Marriage Act that compensation should be paid to the other party for sexless marriages.

    In the event of a divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. If one of the circumstances provided for in Article 46 of the Marriage Law is provided, the innocent party has the right to claim damages.

    According to the Marriage Law of the People's Republic of China:

    Article 39: At the time of divorce, the joint property of the husband and wife shall be disposed of by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

    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 40: Where husband and wife agree in writing that property acquired during the existence of the marital relationship shall belong to each other, and one party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, etc., they have the right to request compensation from the other party at the time of divorce, and the other party shall make compensation.

    Article 41: At the time of divorce, debts originally incurred by the husband and wife while living together shall be repaid jointly. If the joint property is insufficient to be repaid, or the property is owned by each other, it shall be repaid by agreement between the two parties; If the agreement is not reached, the people's court shall make a judgment.

    Article 42 At the time of divorce, if one party is in difficulty, the other party shall give appropriate assistance from his or her housing and other personal property. 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 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;

    3) Committing domestic violence;

    4) Abuse or abandonment of family members.

  2. Anonymous users2024-02-09

    It's been 4 years since they were separated, so they should be judged, so let's find a good lawyer to sue.

  3. Anonymous users2024-02-08

    Hello, divorce from sexless marriages is not restricted, but compensation cannot be claimed. At the time of divorce, if you want the other party to compensate you, it mainly depends on whether the other party has any of these situations:

    Bigamy, the act of bigamy refers to the illegal act of a person who has a spouse and marries another person. This manifests itself in de jure bigamy and de facto bigamy. The former refers to having a spouse and registering a marriage with another person.

    The latter refers to a person who has a spouse and lives with another person in the name of husband and wife. Cohabitation between a spouse and another person, also known as concubinage, refers to the act of a person with a spouse living a hidden cohabitation with another person, without the name of husband and wife, and without the purpose of living together permanently;

    cohabitation, i.e. the cohabitation of a spouse with another person;

    committing domestic violence;

    abuse or abandonment of family members;

    There are other gross faults.

    [Legal basis].Civil Code of the People's Republic of China

    Article 1079:[Divorce by Litigation]Where one of the husband and wife requests a divorce, the relevant organizations 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 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 1080:[Time for Dissolution of Marriage Relationship]The marriage relationship is dissolved when the registration of the divorce is completed, or the divorce judgment or mediation document takes effect.

    Article 1091: [Compensation for Divorce Damages]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.

  4. Anonymous users2024-02-07

    Can you get a divorce in a sexless marriage? Can I claim compensation?

    In fact, this reason is completely divorceable, because it is protected by law, so it is very normal to say that divorce is also very normal, but there are many ways to say compensation, for example, when the man loses his function or when he first gets married, it depends on whether the man has concealed this situation at the beginning, so this is more complicated.

  5. Anonymous users2024-02-06

    If there is no affection between husband and wife, it is possible to file for divorce, both parties are obliged to live sexually, if they do not cooperate, they can divorce, but the compensation should not be mentioned, and they must compete to get together and disperse.

  6. Anonymous users2024-02-05

    You can divorce, you can't ask for compensation, after all, the law doesn't support it, but you can ask the other party to give some compensation.

  7. Anonymous users2024-02-04

    Divorce is possible in sexless marriages. But even if the reason for the divorce is a sexless marriage, the divorce does not involve the question of who pays whom.

  8. Anonymous users2024-02-03

    Sexless marriages can be divorced by negotiation, but compensation is not possible and is not supported.

  9. Anonymous users2024-02-02

    If not, then you will definitely have to apply for divorce, and then you can claim compensation, but the spirit of this compensation is definitely not large.

  10. Anonymous users2024-02-01

    Can you get a divorce in a sexless marriage? Can I claim compensation? Divorce is possible. But if you want compensation, then you have to have evidence that he is not sick. If he is sick and wants to get married, then he must pay compensation.

  11. Anonymous users2024-01-31

    Sexless marriage. It's okay to blush, but it's also possible to claim compensation. Female couples also need sex, without which there is no normal conjugal harmony.

  12. Anonymous users2024-01-30

    Can you get a divorce in a sexless marriage? Asking for compensation? I don't think it's useful for this person to ask, because this thing is a thing that you can separate for two years at most, and you will automatically divorce, but there is no compensation for it.

  13. Anonymous users2024-01-29

    In fact, it is possible, mainly depending on what the two people think, some people think that such emotions are also better, but some people may feel that such emotions make them very confident. But no matter what, as long as both parties agree, this or that problem can be perfectly solved.

  14. Anonymous users2024-01-28

    You can't ask for compensation, but you can ask for a divorce as long as you feel that the relationship between the couple has broken down, for whatever reason. You can sue the other party for a divorce.

  15. Anonymous users2024-01-27

    You can file for divorce, and as for the matter of claiming compensation, it is up to the two people to negotiate together to settle it together.

  16. Anonymous users2024-01-26

    Divorce can be requested in a sexless marriage. But compensation is not realistic.

  17. Anonymous users2024-01-25

    Divorce is possible. However, whether you can compensate or not depends on your actual situation. Whether it is a newlywed or an old couple for many years. It's all different.

  18. Anonymous users2024-01-24

    It is possible to go through the divorce procedure, but it is not necessary to file compensation, but it should be decided according to the actual situation. See what the reason is? Whose problem? This is not something that can be claimed casually.

  19. Anonymous users2024-01-23

    Can you get a divorce in a sexless marriage? Can I claim compensation? I think that in this case, if you file for divorce, you will not be compensated.

  20. Anonymous users2024-01-22

    I think that sexless marriages can be divorced, but the compensation needs to be negotiated by you, and it is best to get together and disperse

  21. Anonymous users2024-01-21

    Is it possible to divorce a sexless marriage, can you claim compensation? I think it's okay to ask for divorce and compensation for sexless marriages, because it needs to be determined by law.

  22. Anonymous users2024-01-20

    Can you get a divorce in a sexless marriage? Can I claim compensation? Sexless marriages can also be divorced and compensation can be claimed.

  23. Anonymous users2024-01-19

    If the married life is not happy and the married life is not what you want, then you can ask for a divorce, and for compensation, you can negotiate a settlement between the husband and wife.

  24. Anonymous users2024-01-18

    If you don't have much need in this area, you have children and your husband is not bad for you, then it doesn't matter if you continue. But if you can't stand a sexless marriage, you don't have children, and he doesn't treat you well, then it can basically be over, and it will be a waste of time and youth to continue.

  25. Anonymous users2024-01-17

    Divorce is certain and divorce procedures can be processed.

    The question of claiming compensation is not necessarily.

    It depends on the actual situation.

  26. Anonymous users2024-01-16

    Can a sexless marriage be divorced and can it claim compensation?

    Sexless marriages can be divorced! If there is deception, you can ask for compensation, but if there is no deception, you can't ask for compensation!

  27. Anonymous users2024-01-15

    I haven't studied law and I don't know if I can compensate, but if I really don't have any feelings, then leave! It's better than both of them getting hurt.

  28. Anonymous users2024-01-14

    Divorce is possible in a sexless marriage, but compensation can be claimed by mutual agreement.

  29. Anonymous users2024-01-13

    It is possible to ask for a divorce, but not necessarily for compensation.

  30. Anonymous users2024-01-12

    If the marriage is unhappy and there is no affection, of course you can ask for a divorce.

  31. Anonymous users2024-01-11

    I think it's okay to get a divorce and ask for compensation, which is a bit far-fetched!

  32. Anonymous users2024-01-10

    No compensation is given in divorce cases involving sexless marriage, but if one party has major faults such as bigamy, cohabitation with others, domestic violence, ill-treatment, or abandonment of family members, the party at fault may compensate the party who is not at fault. The people's court will not support a party's claim for damages solely on the grounds of sexless marriage, and sexless marriage is not one of the statutory grounds for marital damages.

    [Legal basis].

    Article 1091 of the Civil Code of the People's Republic of China provides that in any of the following circumstances, the innocent party has the right to claim damages under any of the following circumstances: (1) bigamy; 2) cohabitation with another person; (3) Committing domestic violence; (4) Abusing or abandoning family members; 5) There are other major faults.

  33. Anonymous users2024-01-09

    Divorce in a sexless marriage can claim compensation. However, the statutory conditions must be met, according to the relevant laws and regulations, if there is bigamy, there is a kinship that prohibits marriage, or one of the circumstances under the legal age of marriage, the marriage shall be deemed invalid, and the invalid marriage is caused by the fault of one party, and only those who are not at fault can claim corresponding damages.

    [Legal basis].Article 1051 of the Civil Code of the People's Republic of China.

    Marriage is null and void under any of the following circumstances:

    a) bigamy; 2) Have a family relationship that prohibits marriage;

    3) They have not reached the legal age for marriage.

    Article 1054.

    An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of the property of an invalid marriage resulting from bigamy must not infringe upon or harm the property rights and interests of the parties to the lawful marriage.

    The provisions of this Law on parents and children shall apply to children born to the parties.

    If the marriage is invalid or annulled, the innocent party has the right to claim damages.

  34. Anonymous users2024-01-08

    If a relationship breaks down due to a sexless marriage, a divorce may be filed, but compensation cannot be claimed. Only the innocent party is entitled to claim damages if the divorce is caused by bigamy, cohabitation, domestic violence, abuse, abandonment of a family member, or other serious faults.

    What documents are required for divorce?

    1. ID cards and household registration books of both parties;

    2. Divorce agreement;

    3. Marriage certificate;

    4. The party's single person has recently been half-bareheaded**.

    [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) Abuse or abandonment of family members;

    5) There are other major faults.

    Article 1092.

    Where one of the spouses conceals, transfers, sells, destroys, or squanders the joint property of the husband and wife, or falsifies the joint debts of the husband and wife in an attempt to encroach on the property of the other party, the joint property of the husband and wife may be divided in a small amount or not at all. After the divorce, if the other party discovers that he or she has committed any of the above-mentioned acts, he or she may file a lawsuit with the people's court to request that the joint property of the husband and wife be divided again.

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