Insights

What is the usual range of divorce compensation in Ningbo?

Ningbo Author：LuXu WANG

Knowing that they can claim compensation for divorce damages, the only thing the parties really care about is how much they can pay. The law does not give a uniform price list, the amount is determined by the court's comprehensive discretion, it is not uncommon for similar situations to differ several times in different cases, and it is often the evidence rather than the plot itself that determines the gap.

There is no uniform standard for the amount of 1. compensation.

The specific amount of compensation for divorce damages is not fixed by law, but is determined by the court according to the nature of the fault, the consequences of the damage, the local economic level and other factors. It is the norm rather than the exception for similar circumstances to award different amounts in such cases.

Discretionary rather than set of formulas

we can't apply the experience of paying tens of thousands of dollars for domestic violence. The fault means, duration and degree of mental injury in each case are different, and the amount naturally widens the gap. What is really controllable is the completeness of the evidence on your side.

Factors 2. Court Consideration

courts usually examine the nature of the wrongful party's conduct, such as bigamy, cohabitation with another person, domestic violence, abuse and abandonment, as well as the duration of the fault, the physical and mental damage caused to the innocent party, and the financial capacity and affordability of both parties.

Local standard of living is a frame of reference

the amount of compensation will be in harmony with the level of economic development of the seat of the court of appeal. The discretionary range of economically developed areas is usually higher than that of less developed areas, which is one of the reasons for the obvious cross-regional differences in similar cases.

The effect of the degree of 3. fault

there is a clear difference in the amount of occasional fault and long-term, malignant fault. For years of cohabitation with others and repeated domestic violence, and one-time acts with minor consequences, the amount given by the court is often several times different.

Persistence has more weight than single

proving the continuity and severity of the fault is more supportive of higher compensation than proving that it happened once. The chain of evidence should reflect the time dimension and string the time, place and consequences of each time into a sequence.

The relationship between 4. and the division of property

damages are an independent additional relief that goes hand in hand with the division of common property. Do not confuse it with the fault party's less property, the two apply completely different legal rules, the claim should also be separately listed.

Evidence of the consequences of 5. damage

the amount of compensation is highly correlated with the degree of proof of the consequences of the damage. Medical records, injury identification, alarm receipts, warning letters, and psychological diagnosis and treatment records can transform abstract pain into quantifiable basis. Where there are only emotional statements without objective material, the amount of court support is usually very limited.

Organize materials into a time list

bigamy, long-term cohabitation, continuous domestic violence and other serious circumstances, long duration, the discretionary amount is significantly higher. It is much more useful to organize the time span, the number of occurrences and the scope of influence into a list of corresponding evidence one by one than to describe feelings repeatedly.

When and how to mention 6.

If the no-fault party is the plaintiff, the claim for damages shall be filed together in the divorce proceedings; if the defendant does not agree to the divorce, it may not be filed in this case, but a separate lawsuit shall be filed within one year after the divorce judgment takes effect. If the claim is not made at the time of divorce by agreement, it may also be sued within one year after the divorce.

Missed deadlines are hard to remedy

this year is a very hard time line, and it is not uncommon in practice to lose the right of claim due to delay. If you are not sure whether to submit the case together, at least write down the date and make a decision before the expiration of the time limit.

7. case proof

in practice, the man committed domestic violence many times in more than 2 years and caused minor injuries to the woman. The woman submitted 3 alarm receipts, 1 injury identification and medical treatment record, and the court ordered to pay 50000 yuan for mental damage in combination with the seriousness of the fault and the local level.

In practice, the fault is accidental and the damage consequences are minor. Although the evidence is complete, the court only ordered the payment of compensation of 8000 yuan, reflecting the difference in the degree of fault.

In practice, the no-fault party only sued for compensation 14 months after the divorce judgment came into effect, and the request was not supported because it exceeded the one-year period.

8. Risk Alert

  • thought that the compensation has a fixed price list, based on rumors of the expected amount.
  • Evidence can only prove that it happened once and cannot reflect continuity.
  • To confuse damages with a small share of property, the request was written vaguely.
  • Ignoring differences in local economic levels and copying the amount of foreign cases.
  • The consequences of the damage rely entirely on oral descriptions, without medical records and identification support.
  • Missing the 1-year prosecution period after the divorce, the complete loss of the right to claim.

9. FAQ

is there a standard amount for divorce compensation?

No. The court shall determine the nature of the fault, the consequences of the damage, the economic capacity of both parties and the local level.

What factors affect more and less?

The nature and duration of the fault, the severity of the consequences of the damage, the completeness of the evidence, and the economic capacity of both parties.

Can domestic violence definitely pay a lot?

Not necessarily. Higher amounts are possible for long-term and vicious domestic violence, with occasional and minor consequences usually limited.

When will the claim be made?

The plaintiff should be filed together in the divorce proceedings; if the defendant does not agree to the divorce, he may sue separately within one year after the judgment takes effect.

Practical Experience of 10. Lawyers

knowing that they can claim compensation for divorce damages, the parties concerned are often most concerned about a specific number: how much can be compensated. It is necessary to establish an expectation first-there is no uniform price list in the law, and the specific amount is determined by the court in combination with the nature of the fault, the consequences of the damage, the local economic level and other factors, and it is the norm in such cases that similar situations are several times worse in different cases. Since the amount is discretionary, what is really controllable is not whether a formula can be set, but the completeness of the evidence on one's side.

In the factors considered by the court, the nature and degree of fault are the core: bigamy, cohabitation with others, domestic violence, abuse and abandonment, the duration and severity of the behavior will affect the amount. The consequences of damage are equally important. The severity of mental injury, whether it causes medical treatment or obvious life impact can be reflected through corresponding materials. Local economic levels will also be taken into account. Therefore, the proof should not only stop at proving that the other party is wrong, but also supplement the evidence in the direction of how many faults and how deep the consequences are, so that the amount can have the basis for going up.

Procedural, the claim for compensation should be made at the right time and in the right way, and missing the opportunity or in the wrong way may affect the realization of the claim, and it is best to arrange it together with the divorce proceedings. The amount is expected to be pragmatic: instead of clinging to an ideal number, it is better to put it on the same table as the division of property and maintenance arrangements, and use compensation as a bargaining chip in exchange for a more favorable overall plan. The party with solid evidence, whether in litigation or negotiation, is more confident to talk about the issue of how much.