1. Infidelity generally refers to the husband or wife having a relationship with the opposite sex outside of marriage during the marriage.
Second, cheating does not strictly fall within the four types of wrongdoings for which compensation can be claimed as stipulated in Article 46 of the Marriage Law (1. Bigamy; 2. Spouse living with others; 3. Domestic violence; 4. Abuse and abandonment of family members), although there is obvious unfairness to the innocent party, the legal support for using Article 46 to defend rights (request for compensation) is not strong enough.
Third, although cheating is not within the scope of faults for which compensation can be claimed under Article 46 of the Marriage Law, cheating and having an affair are illegal (violating Article 4 of the Marriage Law: couples should Be loyal to each other and respect each other; family members should respect the elderly, love the young, help each other, and maintain an equal, harmonious, and civilized marriage and family relationship) or be unfaithful. Breaking the law and being unfaithful is a fault (the law transforms the relationship).
4. Infidelity between couples is usually referred to as "extramarital affairs" or "cheating". There are three types of marital infidelity in our country: adultery, cohabitation, and bigamy.
1. Adultery: refers to the act of occasionally having sexual relations with the opposite sex outside of marriage.
About the legal consequences of adultery: Our country’s current marriage law does not include adultery among the fault behaviors listed in Article 46 that require liability for fault compensation, that is, the no-fault policy applies to damages claims filed against the adulterous party. Strictly speaking, there is no legal basis. In practice, the court will generally consider the division of marital property and give appropriate consideration to the non-fault party, that is, allow the adulterous party to properly divide the property.
2. Living together:? The judicial interpretation of the Supreme Court defines this as "people who have spouses and have opposite-sex relationships outside of marriage, and do not live together continuously and stably in the name of husband and wife."
The legal consequences of cohabitation: This is a wrong behavior clearly stipulated in the marriage law . If the perpetrator is the at-fault party, the other party can claim damages. Theoretically, in addition to receiving a small or no share of property, there is also the possibility of using his personal property to compensate.
3. Bigamy: If a spouse lives with others in the name of husband and wife, and people around them think they are husband and wife, it is a crime of bigamy; in addition, knowing that another person has a spouse is also the above behavior, which also constitutes a crime of bigamy.
The legal consequences of the crime of bigamy: If it constitutes the crime of bigamy, the party who was not at fault during the marriage can still claim damages in the event of divorce, but needs to bear criminal liability according to the provisions of the criminal law.
5. According to Article 4 of the "Marriage Law of the People's Republic of China": "Husbands and wives should be loyal to each other and respect each other; family members should respect the elderly, love the young, help each other, and maintain an equal, harmonious, and civilized marriage and family. Relationship. Article 46 stipulates: In the event of divorce, the non-fault party has the right to request damages; the Supreme People's Court's "About Application" Typical cases published by the Supreme People's Court (2015.11.19):
p>Zhou v. Zhang’s post-divorce liability dispute case
-Can the cheater be required to pay mental compensation?
(1) Basic facts of the case
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In 2003, the plaintiff Zhou and the defendant Zhang registered their marriage and gave birth to a daughter and a son. In July 2013, after mediation by this court, Zhang and Zhou filed a divorce lawsuit. Zhang paid Zhou a one-time payment of 38,000 yuan, and the two parties did not hold each other responsible. In May 2013, Zhang and the unknown person gave birth to a daughter. Zhou claimed that he only found out after the divorce, and now he is suing for compensation of 30,000 yuan for mental damage.
(2) Judgment Result
Huaxian People's Court held that according to Article 4 of the "Marriage Law of the People's Republic of China": "Husbands and wives should be loyal to each other and respect each other; family members should respect the elderly Love children, help each other, and maintain an equal, harmonious, and civilized marriage and family relationship.
Article 46 stipulates: In the event of divorce, the innocent party has the right to request damages; the Supreme People's Court's "About Application
Dalian Lawyer Web Link
(3) Typical Significance
It is both a traditional virtue and a legal obligation for husband and wife to be faithful to each other and not betray their love. Infidelity in marriage is an intolerable act of dishonesty. It not only destroys the relationship between husband and wife and breaks up the family, but also harms innocent children and corrupts social morals. It is an act prohibited by law. Therefore, after the divorce, the people's court found that the defendant had committed an affair during the marriage and demanded compensation for mental damage. The people's court supported it in accordance with the law to demonstrate the justice and moral power of the law.