Secondly, in divorce proceedings, any party involved in compensation must be at fault, and the party without fault can file for divorce damages. According to Article 46 of the Marriage Law, if one of the following circumstances leads to divorce, the innocent party has the right to request damages.
The first is bigamy
The second is the spouse living with others
The third is domestic violence
The fourth is abuse , Abandoning family members
In addition, there is no unified amount of divorce damages, and there are different calculation basis according to different faults:
1. Damages due to domestic violence< /p>
The harm caused to the non-fault party by domestic violence includes physical damage, serious injury, minor injury, and minor injury; mental damage includes neurasthenia, mental disorder, insanity, etc. .According to this, when determining the amount of damages, the people's court should use the degree of the damage result and the total property as a reference factor to determine the compensation share of the non-fault party. If the total property is not enough to compensate the couple****, the mental damage compensation In terms of compensation, it will be determined separately according to the determination method of the Supreme People's Court's "Interpretation on Several Issues Concerning Liability for Mental Damage".
2. Compensation for damages due to abuse and abandonment of family members
The total amount of damages borne by those who are responsible for the fault of abusing family members should not be less than the compensation for damages caused by general domestic violence. lump sum. However, for special domestic violence, such as a one-time beating that causes serious injury to the non-fault party, mental disorder of the non-fault party, etc., the total amount of damages borne by general abuse is not necessarily higher than the damages borne by this type of special domestic violence. lump sum.
3. Compensation for damages caused by bigamy
First of all, both spouses shall use the total property as a reference factor and determine the share or proportion of compensation in accordance with the principles for determining the amount of damages. , in order to be appropriate and fair. Secondly, the husband and wife’s personal property, such as currency and other own property, is not enough to compensate for the loss of the non-fault party, or their property, own property is divided, and the house and other property shared by the fault party cannot be discounted or If the loss of the other party is compensated in the form of compensation, the people's court shall determine the amount of compensation in accordance with the "Interpretations of the Supreme People's Court on Several Issues Concerning Liability for Compensation for Mental Damage". Thirdly, the amount of material damage compensation should be given priority and consideration when dividing the spouses’ **** property. Its share or proportion in the spouses’ **** property should be based on the degree of damage suffered by the non-fault party and the subjective judgment of the fault party. The size of the fault liability and its financial affordability are determined by factors such as the size of the fault.
4. Due to the illegal cohabitation of husband and wife
When determining the amount of damages, the total amount of property owned by the husband and wife should also be used as a reference factor. The non-fault party shall be included in the total amount of property. The share should be made clear. The method for determining the amount of damages is the same as that for bigamy liability.