Insights

Which situations in Ningbo can be compensated for divorce

Ningbo Author：LuXu WANG

Is there more compensation for divorce when you are raped or derailed? There are legal circumstances for divorce damages, not all "injuries" can be claimed, and the terms must be right.

The statutory circumstances of 1. divorce damages.

Article 1091 of the Civil Code stipulates that if bigamy, cohabitation with others, domestic violence, abuse and abandonment of family members, and other serious mistakes lead to divorce, the innocent party has the right to claim damages. These are the legal entrances to claim compensation.

Must be the fault "leading to the divorce."

compensation is conditional on the wrongful act leading to a divorce. If the parties divorce for other reasons, or if the fault is not causally related to the divorce, the basis for claiming compensation will be weakened. The degree of fault and the consequences are the key to determining the amount of compensation.

2. bigamy and cohabitation

bigamy refers to having a spouse and registering a marriage with another person or living together in the name of husband and wife; cohabitation with another person refers to continuous and stable living together. Both are statutory compensation situations, but the standard of proof is different, and cohabitation needs to prove the continuity and stability of the relationship.

1. Occasional infidelity is not necessarily the same as cohabitation

one-night stands and occasional room opening do not mean "living with others". If the continuous and stable common residence is not achieved, it may be classified as "other major fault" evaluation, but the determination and amount of compensation will be affected.

2. The boundary between occasional derailment and continuous cohabitation

the legal situation requires cohabitation with others, I .e. continuous and stable living together, rather than one or more accidental acts. The evidence needs to be continuous over time, such as joint rental contracts, long-term property access or water and electricity payment records, neighbor testimony, and travel and consumption records for months. Only sporadic ambiguous chat records are usually difficult to meet the identification criteria.

3. Domestic Violence and Abuse

domestic violence includes physical, mental and other violations; abuse is continuous torture, and abandonment is the refusal to perform maintenance obligations. Domestic violence is the most common and most easily proved cause of compensation, alarm and injury records are the key.

Elasticity of other major faults

"Other major faults" are the bottom-up provisions, covering acts that, although not in the first four categories, seriously violate the duty of loyalty of the husband and wife and cause substantial damage to the marriage. Its determination is more flexible and needs to be judged in the light of specific facts and consequences.

What to do if you find out after a divorce by 4. agreement

if the claim for damages is not waived at the time of divorce by agreement, and it is discovered that the other party is at fault legally, it may be claimed separately within the statutory time limit. However, there is little room for further claims that are explicitly abandoned in the divorce agreement.

Don't miss the one-year exclusion period.

If no compensation for damages is filed at the time of divorce by agreement, a separate lawsuit may be filed within one year after the divorce, and the court will generally no longer accept the case after more than one year. At the same time, attention should be paid to whether there are general clauses in the divorce agreement that the two parties have no other disputes. Such expressions may be interpreted as waivers of relevant claims. When drafting the agreement, it is important to make separate reservations or clear treatment of damages.

How will the amount of 5. compensation fall roughly?

Divorce damages are not sky-high in practice, and the discretionary range for similar cases is roughly between 5000 yuan and 50000 yuan. The factors that go up include: the long duration of the fault behavior, the aggravating circumstances such as childbirth or large transfer of property, the disability of the injured party or the need for long-term treatment, and the financial ability of the fault party. The factors that go down are thin evidence, occasional behavior, and no actual damage consequences.

It is worth noting that damages and the care of the no-fault party in the division of property are two different paths that can be claimed in parallel. The former is an independent claim for compensation, and the latter is reflected in the division ratio, for example, the no-fault party is divided by ten percentage points. In addition, if the wrongdoer has concealed or transferred the common property, it can also claim a small score, with a common range of

20to 40 per cent.

6. case proof

in practice, the woman proved that her husband had committed domestic violence many times within two years, and submitted three alarm receipts, warning letters issued by public security organs and injury appraisal opinions that constituted minor injuries. In divorce proceedings, the court found that the fact of domestic violence was established and ordered the man to pay compensation for divorce damages. The amount of compensation for such cases mostly falls in the range of 5000 yuan to 50000 yuan, and those with serious injuries and long duration can be higher.

In practice, within one year after the divorce by agreement, the woman discovers that the other party has been living with another person for more than two years during the marriage, and the divorce agreement does not explicitly give up the claim for damages, and she will sue separately within the statutory time limit to obtain support, and the court will determine the amount of compensation in combination with the degree of fault and the duration in the middle and upper part of the above range.

7. Risk Alert

  • the accidental derailment is directly equivalent to legal cohabitation, and the evidence fails.
  • Domestic violence has only oral statements and no report of injuries.
  • At the time of divorce by agreement, the right to compensation is lost by writing "mutual non-prosecution.
  • The cause and effect of fault and divorce is unclear, and the request is refuted.
  • Only act beyond the statutory claim period.

8. FAQ

can derailment be compensated?

Not necessarily. Occasional cohabitation is not necessarily equal to legal cohabitation; failure to achieve sustained and stable cohabitation may be classified as other major faults, and the determination and amount will be affected.

What evidence does domestic violence compensation need?

Alarm records, injury identification, medical records, photos, warning letters, etc., the more stable the chain.

Can you still pay for the divorce by agreement?

If there is no express waiver and the statutory fault is found within the statutory period, it may be claimed separately.

What do you mean by other major mistakes?

Refers to the first four categories but serious breach of the duty of loyalty, substantial damage to the marriage, identified more flexible.

How much do you usually get for divorce damages?

The common range of similar cases is 5000 yuan to 50000 yuan. The court will make a comprehensive decision on the degree of fault, duration, damage consequences and the financial ability of the fault party. If it causes disability or requires long-term treatment, it may separately claim actual losses such as medical expenses and nursing expenses on this basis.

Can only WeChat chat records prove that the other party cheated?

A single chat record is usually not enough to identify a statutory cohabitation situation. Only when the court can support the claim for damages can it be confirmed by the mutual confirmation of the rental contract for living together, the travel records of long-term peers, and the consumption vouchers for living together, so as to form a chain of evidence for continuous and stable living together.

Practical Experience of 9. Lawyers

there are legal circumstances for divorce damages, not all "injuries" can be claimed, and the terms must be right. If bigamy, cohabitation with others, domestic violence, abuse and abandonment of family members, and other serious mistakes lead to divorce, the right to claim compensation is not at fault. Moreover, compensation is conditional on the wrongful act "leading to divorce", and if the parties divorce for other reasons, or if there is no causal link between the fault and the divorce, the basis of the claim will be weakened. Therefore, if you want to claim compensation, the first step is to compare the situation to see if you fall into the legal scope, rather than depending on the degree of grievance.

In operation, it is necessary to distinguish between the difficulty of proof: domestic violence, abuse and abandonment have objective records such as alarm, medical treatment, protection orders, etc., which are relatively good proof; Bigamy and "cohabitation with others" require proof of the continuity and stability of the relationship. Occasional infidelity and one-night stands are usually not the same as cohabitation, and may only be classified as the evaluation of other major faults, and the determination and amount will be affected. Therefore, the evidence should be organized around "continuity", organizing the scattered materials into a timeline that reflects the state of the relationship. The degree and consequences of the fault are the key to the amount of compensation.

In terms of strategy and timing, if you find a qualified fault after an agreement to divorce, you can also claim it. You don't have to give up just because you have already received a divorce certificate. When negotiating, compensation claims are often superimposed on the division of property, maintenance arrangements on top of the bargaining chip, can be discussed with these overall plan, than in isolation to fight for a compensation is easier to reach. However, it is also necessary to be pragmatic: the landing point of the compensation amount is affected by the severity of the fault and the economic situation of both parties. Don't use emotional sky-high figures to talk the negotiation to death, and lock in the part that can be cashed first, which is the real result.