What is the handling of third parties under the new Marriage Law, and what should be done?

The issue of the third party in the new Marriage Law is actually a relevant legal judgment made against a third party involved in the marriage. In particular, issues related to the distribution of economic conditions and property issues have received widespread public attention. Its specific provisions are also very detailed, and the legal basis is very clear.

Presumably, most people hate such things as a third party interfering in marriage. With the continuous improvement of the law, the new marriage law is also making continuous revisions to the legal basis of this social problem, so as to protect a legal marriage relationship to a greater extent. So what exactly is the treatment of third parties in the new Marriage Law?

The first is the legal basis. Married couples are obliged to take responsibility for the marriage. If the divorce is caused by the following circumstances, then you have the right to claim compensation against the party at fault.

For example, bigamy or cohabitation with another spouse, domestic violence, or abuse and abandonment of family members, all four of these are the circumstances in which compensation should be claimed after the amendment of the new Marriage Law. From a legal point of view, such a provision actually guarantees the harmony of a marriage to a greater extent. However, this is only the worst-case scenario, and it is also a provision to refer to when going to court and relying on the law to solve the problem.

In fact, in real life, this cannot avoid the emergence of a third party.

Secondly, what should be done? From the perspective of the above legal provisions, the fault should bear the corresponding responsibility. However, there are no clear regulations on the handling of third parties, so what should be done?

From a legal point of view, only financially demanded compensation can be provided, but from a moral point of view, there is no way to limit the occurrence of such a situation. Therefore, in response to this kind of problem, it is also necessary to deal with it rationally, rather than making a big noise. In cases where there is no way to resolve it, try to seek legal help.

If the problem can be solved through private communication, then there is no need to resort to legal means. Of course, if the situation is worse and has reached the point where there is no way to reconcile, then the provisions on the handling of third parties in the new marriage law can also be used as their own ** to defend their rights. The promulgation and improvement of laws is a very powerful guarantee.

The Civil Code does not have special provisions on the handling of third parties, but it does stipulate that husband and wife have the obligation to be faithful to each other, and if they are at fault for cohabitation or bigamy with another person during marriage, they shall be liable for compensation. If the spouse cohabits with another person, the other spouse may file for divorce; Where the people's court's mediation fails, a judgment for divorce may be made; At the same time, the innocent party can claim compensation for moral damages, and the amount of compensation is determined according to the degree of injury and income of the at-fault party.

In the new marriage law, there is no provision for a third party, and if you marry or cohabit with another person while you are married, you have already committed the crime of bigamy.

Legal analysis: There is no special provision for the handling of third parties, but there are provisions on the obligation of mutual loyalty between husband and wife, and the liability for fault compensation that belongs to the party at fault in marriage if cohabitation or bigamy with another person is provided.

Legal basis: Article 1079 of the Civil Code of the People's Republic of China: Where one of the husband and wife requests a divorce, the relevant organization 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.

The Marriage Law does not specifically provide for the issue of third parties, but it does stipulate that the spouse who has the obligation of mutual loyalty and cohabitation or bigamy with another person shall be liable for fault compensation.

Legal basis] Article 4 of the Marriage Law, husband and wife shall be faithful to each other and respect each other; Family members shall respect the elderly, love and accommodate each other, help each other, and maintain equal, harmonious, and civilized marriage and family relations.

Article 46: In any of the following circumstances, if 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) Abusing or abandoning family members of the Great Apocalypse.

With the promulgation of the Civil Code (effective January 1, 2021), the Marriage Law will be repealed. 1. How to deal with the third party in the Civil Code? There are no special provisions in the Civil Code on the handling of third parties, but it does stipulate that if husband and wife have the obligation of mutual loyalty, and cohabitation or bigamy with others, the party at fault of the marriage shall bear the liability for fault compensation.

If a spouse cohabits with another person, the other party may file for divorce, and if the people's court fails to mediate, the divorce may be decided; At the same time, the innocent party may claim compensation for moral damages, and the amount of compensation shall be determined according to the degree of injury and the income of the at-fault party. Article 1079 of the Civil Code Where a man or a woman requests a divorce, the relevant departments may mediate 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 with another person who has a spouse; (2) Committing domestic violence or abusing or abandoning family members; (3) Those who have gambling habits, drug addiction, or other vices that they have repeatedly taught and 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. 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:

1) bigamy; 2) A person who has a spouse cohabits with another person; 3) Committing domestic violence; (4) Abusing or abandoning family members. 2. How to write a divorce agreement? Divorce by mutual agreement requires both parties to bring their respective ID cards, household registration books, and marriage certificates (the two marriage certificates must be complete, and if they are lost, they must first reapply for a marriage certificate and then apply for divorce) to the place where one of the parties has a household registration to go through the divorce procedures.

In addition to the basic information of both parties, such as name, gender, age, residence and the number of the marriage certificate of both parties, the divorce agreement should also state: (1) the intention of both parties to divorce voluntarily; (2) child support, i.e., the ownership of child custody after divorce and the burden and payment of child support; (3) Division of common property, including the division of property, such as housing, household goods, money, creditor's rights, etc.; (4) the burden of joint debts of the husband and wife; (5) Other matters, such as financial assistance for one of the spouses in difficult life or other contents that both parties deem necessary to be specified in the agreement. To sum up, although there are new amendments to the respective rights of husband and wife in the Civil Code, in reality, the third party on moral issues still cannot be compulsorily intervened by the law, and can only request a divorce after the husband and wife present relevant evidence in court after filing a lawsuit, or claim compensation from the other party for the part of their infringement.

According to the relevant laws of our country, husband and wife should be faithful to each other, respect each other, and care for each other. The duty of mutual fidelity between husband and wife is in line with social order, good customs and moral requirements. If one of the parties has a third party, it may constitute the crime of bigamy, and if there is an act of bigamy, then at the time of divorce, the innocent party has the right to claim damages.

Legal basis: Article 1043 of the Civil Code of the People's Republic of China Families shall establish a good family style, promote family virtues, and attach importance to the construction of family civilization. Husbands and wives should be faithful, respectful and caring for each other; Family members shall respect the elderly, love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.

Article 1091 of the Civil Code of the People's Republic of China Where any of the following circumstances 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.

Article 258 of the Criminal Law of the People's Republic of China (2020 Revision) Whoever has a spouse and marries him, or clearly knows that another person has a spouse and marries him, is sentenced to up to two years imprisonment or short-term detention.

Note: The Criminal Law of the People's Republic of China (2020 Amendment) came into effect on March 1, 2021.