(1) Bigamy;
(two) a spouse living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members. In any of the above circumstances, the innocent party may claim damages when suing.
Divorce is the subject of liability for damages stipulated in Article 46 of the Marriage Law and the spouse of the innocent party in divorce proceedings.
In a case where the people's court decides not to divorce, the claim for damages made by the parties according to Article 46 of the Marriage Law is not supported. During the marriage relationship, if divorce is not prosecuted, the people's court shall not accept the claim for damages based on the provisions of this article.
If divorce is stipulated in the marriage registration office, the people's court shall accept the claim for damages on the grounds of the provisions of Article 46 of the Marriage Law after the parties have gone through the divorce registration formalities in the marriage registration office.
However, if the parties have explicitly given up the request when they agreed to divorce, or put it forward one year after the divorce registration, it will not be supported.
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Second, how to claim compensation for divorce fault damage
Divorce fault compensation refers to the breakdown of marriage relationship due to the fault behavior of the fault spouse. At the time of divorce, the party at fault shall bear civil liability for compensation for property losses and mental losses.
The constitutive requirements of divorce damages include the following four aspects:
1, the actor is at fault. The so-called fault is not the divorce itself, but the fault behavior that leads to divorce. Article 46 of the new marriage law stipulates that wrong behaviors include bigamy, cohabitation of a spouse with others, domestic violence, abuse and abandonment of family members.
2. Destructive facts. That is, property damage, personal damage and mental damage are caused to one spouse due to the above-mentioned fault behavior.
3. There is a causal relationship between the wrong behavior and the damage facts. That is, the wrong behavior leads to the occurrence of damage facts. This causal relationship is the premise and basis for the wrong party to bear the liability for compensation.
4. When the divorce occurs, the claimant for damages is not at fault.
Only in the event of divorce can the innocent party exercise the right to claim damages. Without the fact of divorce, divorce damages can't be started, and at the same time, the claimant who asks for damages must be without fault. If I have the same wrong behavior, my fault will be offset, and I don't advocate damages.
Compensation for divorce fault is applicable to both judgment divorce and agreement divorce. Divorce does not have different effects because of divorce by judgment or divorce by agreement. When divorcing by agreement, both parties can agree on damages. The absence of an agreement does not mean that the innocent party waives the right to claim damages. After the divorce by agreement takes effect, the innocent party can still file a lawsuit for damages. If a divorce is decided, a lawsuit for damages may be filed at the same time as the no-fault divorce lawsuit.
Regarding the scope of illegal acts, Article 46 of the Marriage Law stipulates that if one party commits bigamy, domestic violence or maltreats or abandons family members in other ways, the innocent party has the right to claim damages.
According to the provisions of Article 46 of the Marriage Law and relevant judicial interpretations, the right to claim compensation for divorce damages shall meet the following three conditions:
1. Both parties are legally married.
Legal marital status means that both men and women have obtained marriage certificates after marriage registration; At the same time, it also includes 1 February 19941day. Before the Ministry of Civil Affairs promulgated and implemented the Regulations on the Administration of Marriage Registration, both men and women had met the essential requirements of marriage. Therefore, if both men and women live together illegally in the name of husband and wife without marriage registration, or if both men and women do not meet the above-mentioned factual marriage conditions, the divorce damage compensation system is not applicable to personal and property disputes caused by their breakup.
Both parties have entered the divorce procedure.
The premise of the claim for divorce damages is divorce proceedings. Therefore, in any case where the people's court decides not to divorce, the court will not support the claim for damages made by the parties based on Article 46 of the Marriage Law; During the marriage relationship, if the parties concerned do not sue for divorce, but only claim damages according to the provisions of this article, the people's court will not accept it.
3. One of the spouses divorced due to a specific fault.
In general, there are complicated subjective and objective reasons for divorce, and both husband and wife often bear different responsibilities. However, only when one party divorces because of bigamy, cohabitation with others, domestic violence, abuse, abandonment of family members and other major faults will the fault become the main body of damages, and the innocent party cannot claim damages from the "third person" who remarries or cohabit with the wrong party. Extramarital sex such as adultery is excluded. The "trouble-free" mentioned here is limited to the four faults listed above. As for other faults, it is inevitable in marriage and family life, and the understanding of "no fault" cannot be expanded.