1. If the relationship between husband and wife breaks down due to infidelity, both husband and wife can demand the other party to pay corresponding economic losses at the time of divorce.
The so-called economic loss refers to the material compensation that the other spouse can get without violating the prohibition of laws and regulations and the principle of public order and good customs when the marriage relationship breaks down due to the fault of both spouses. The so-called property loss refers to the loss of property division between husband and wife according to the provisions of Article 37 of the Marriage Law, including material property loss and mental loss. Among them, mental loss includes both material damage and compensation for mental damage. The so-called economic loss, in addition to determining a certain amount according to the law, depends on the actual damage consequences and whether there is a direct causal relationship between the consequences and the derailment.
2. In divorce proceedings, if one party violates the prohibition of the law, resulting in the breakdown of the relationship between husband and wife, and one party requests the other party to give certain economic losses, as long as there is bigamy and the marriage relationship breaks down with others, it should be considered as a fault. Article 47 of the Marriage Law stipulates: "If one of the following acts leads to divorce, the innocent party has the right to claim damages: (1) Bigamy, where both spouses violate the law to prohibit others' behavior, resulting in the breakdown of the marriage, the other party has the right to demand that they bear the liability for damages. In addition, Article 49 of China's Marriage Law stipulates that "divorce damages mainly include property damages, mental damages and no fixed income after divorce". Jiangxi Yongjia Law Firm is committed to providing clients with high-quality, efficient, fast and professional legal services.
3. If the other party provides evidence of domestic violence, and one party violates the prohibitive provisions of the law, the other party shall give others certain economic losses.
Domestic violence is an illegal act, and the law provides severe punishment for this illegal act. If the two sides can't reach an agreement on the amount of compensation, it can be said that after more than ten years of development and growth, it has provided efficient and high-quality legal services to the society. Jiangxi Yongjia Law Firm has a first-class team of lawyers, rich practice experience, strong strength, good reputation and service purpose, and adheres to the purpose of "all for customers and all for customers' interests" to provide efficient and high-quality legal services to our customers.
4. If the other party provides the materials of unfair sexual relations, and one party knows that the other spouse demands compensation, people should pay attention to the fact that this burden of proof applies to the principle of the wrong party, that is, only one spouse is at fault will bear the corresponding civil liability. That is to say, as long as one spouse is at fault, the other spouse can't not bear civil liability because the other spouse is not at fault. As long as one party is at fault and leads to divorce and bears corresponding civil liabilities, then the party at fault has the right to demand compensation from the other party. But it should be noted that this kind of fault is mainly manifested in proper relationship. For example, according to Article 41 of the Marriage Law, if a husband and wife illegally provide evidence to prove divorce due to bigamy or the breakdown of marriage with others, the innocent party has the right to claim damages. In other words, the fault party divorces because of the derailment, and the fault party can ask the innocent party to bear certain damages. If there is evidence that the other party's derailment leads to divorce, the innocent party has the right to claim damages. Jiangxi Yongjia Law Firm, the chief lawyer of Jiangxi Yongjia Law Firm, provides legal advice and criminal case services for clients all the year round. Jiangxi Yongjia Law Firm has an excellent team of lawyers, a number of full-time lawyers in Jiangxi Province and other high-quality legal talents. The business scope covers criminal, civil and commercial affairs, marriage and family, traffic accidents and other civil and commercial legal affairs litigation fields. Lawyers take "the most professional and fastest" as their service tenet, and always do things with professional heart to make professional institutions successful.