Husband's derailment is still exterior, and the wife gets damage to 80,000 yuan during the divorce

In marriage, the couple should have supported each other and help each other. But if one party is derailed in the marriage, how to protect the rights and interests of the other party? When divorce, can there be no wrong party for compensation?

The reporter learned today that a couple in Guangdong broke the emotion due to her husband's derailment. The man not only had an extramarital affair with her, but also had a daughter with her life, and even repeatedly prosecuted to divorce his wife. At first, his wife did not agree with the divorce, but when the man sued the divorce again, his wife asked the man to pay the son's support for adults and one -time economic compensation for divorce, and compensation for mental damage. After the first trial and second trial, the man was determined that in addition to paying the child's support for 50,000 yuan, the man should also pay his wife to pay an economic compensation of 50,000 yuan and the damage compensation of 80,000 yuan.

Husband derailment is still in the outer son's wife claiming mental damage expenses

Aming (pseudonym) and Alin (pseudonym) married in 2002, and gave birth to son Xiaocong in the next year. When Xiaocong was only 3 years old, Amin left Guangdong Province to go out to work, while his wife Alin stayed in Foshan and her mother -in -law and son Xiaocong. During the 9 years when Aming went out to work, the couple were in a long -term separation state. During this period, Xiaocong's tuition and living expenses were paid by his mother Allei or grandma. However, when Xiao Cong was in high school, Amin would pay Xiaocong a few hundred yuan of living expenses from time to time.

In 2017, Amin was in love with the opposite sex outside the wedding, and the two were still born with a daughter. In 2020, Aming sued the court to ask for divorce with his wife Alin, but Alin did not agree with the divorced housing problems and economic pressure. The court was not allowed to divorce both parties after trial. In 2021, Amin once again sued the divorce, and Alene asked counterclaims to pay more than 300,000 yuan in support for Xiaocong's adults and a one -time economic compensation for divorce and 300,000 yuan in mental damage compensation.

The court of first instance tried that the relationship between the two sides was indeed broken and there was no possibility of harmony, and Amin had a fault on the divorce of the two sides. Based on the comprehensive consideration of the dates of Alle's parents and Xiaocong's life, the family responsibilities and obligations they assumed, the court decided that Amin and Alin divorced, and the two people divided the common property according to the ratio of 40%and 60%; Paying Elin's economic compensation for 50,000 yuan, damage compensation 80,000 yuan, and Xiao Cong's maintenance fee of 50,000 yuan during the separation of the two.

Amin did not accept the common property distribution of the first trial and the compensation of the divorce economic compensation, damage compensation, etc., and appealed to the Foshan Intermediate Court.

According to the trial of the Foshan Central Court, regarding the division of property of the two, according to the relevant provisions of the "People's Republic of China", if the husband and wife did not meet the common property treatment agreement during the divorce, the people's court was based on the specific situation of the property and in accordance with the specific situation of the property, in accordance with the care of the children and the woman in accordance with the specific situation And the principle of the right of the wrong party. In this case, Amin had a fault in the marriage with the extramarital heterosexual child during the marriage. The court of first instance judged 60%of Alle's division of common property in accordance with the above principles.

Regarding whether Amin needs to pay the raising fee of Xiao Cong who has been incurred, Xiaocong’s living expenditure has been borne by Alex and Amin's mother. Amin and Alin's obligation to raise Xiaocong's support. The court in the first instance set up Amin's support for Alery for 50,000 yuan.

Regarding the issue of compensation for divorce economic compensation and compensation for divorce damage, during the separation of Alming and Alle, Alle and Xiaocong and Amin's mother lived together. Amin occasionally visited his son and mother. There are more obligations to raising children and taking care of the family. In addition, Amin lives with others during the marriage duration, and has a child, and has a fault on the breakdown of the marriage between the two.

According to the relevant provisions of Article 1088 and Article 1091 of the "People's Republic of China" in the first instance, combined with the time of raising Xiaocong, Amin's fault and other factors, Aming Alin pays 50,000 yuan in compensation for the divorce economy, and the divorce damage compensation is 80,000 yuan. To this end, the Foshan Intermediate People's Court's decision rejected the appeal and maintained the original judgment.

Legal know more D: One party has a major fault that leads to divorce and the other party has the right to request damage compensation

Article 107 of the People's Republic of China

During the divorce, the common property of the husband and wife shall be dealt with by the two parties. If the agreement does not complete, the people's court shall be judged in accordance with the specific situation of the property, in accordance with the principles of taking care of the children, women, and non -wrong party.

The rights and interests that husbands or wives enjoy in family land contracting shall be protected in accordance with the law.

Article 1088 of the People's Republic of China

If the husband and wife have more obligations due to the breeding of their children, taking care of the elderly, and assisting the other party, they have the right to request compensation from the other party during the divorce, and the other party shall give compensation. The specific measures shall be approved by both parties; if the agreement does not, the people's court will be judged.

Article 1091 of the People's Republic of China

If one of the following situations, if the divorce, the non -wrong party has the right to request damage compensation:

(1) Dry;

(2) Live with others;

(3) Implement home violence;

(4) Abuse and abandon family members;

(5) There are other major faults.

Text/Guangzhou Daily · Xinhua City Reporter: Articles of Association Correspondent: Luo Lingzhou Tu/Guangzhou Daily · Xinhuacheng Reporter: Articles of Association Guangzhou Daily · Xinhua City Editor: Lin Jing

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