The other party admits how to judge marital infidelity legally, but the law actually covers many aspects of our lives, and many problems that can't be solved by ourselves can seek legal help. The following is how to legally judge marital infidelity.
What is the legal sentence for the other party's admission of marital infidelity 1? 1. Will the civil court decide on divorce for marital infidelity?
In the case of marital infidelity, the court usually decides to divorce.
People's Republic of China (PRC) Civil Code
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
Second, how to divide the marital derailed divorce property?
People's Republic of China (PRC) Civil Code
Article 1087 Disposal of marital property in case of divorce. At the time of divorce, the property of both husband and wife shall be handled by mutual agreement; If the agreement fails, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children, the woman and the innocent party.
The rights and interests enjoyed by husband and wife in the contracted management of family land are protected according to law.
Article 1088 Financial Compensation for Divorce If one spouse undertakes more obligations such as raising children, caring for the elderly and assisting the other spouse in work, he has the right to ask the other spouse for compensation at the time of divorce, and the other spouse shall make compensation. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
Article 1089 At the time of divorce, husband and wife shall pay off their debts. At the time of divorce, husband and wife should jointly pay off their debts. * * * If the same property is not paid off or the property belongs to each other, it shall be paid off by mutual agreement; If the agreement fails, the people's court shall make a judgment.
Article 1090 When giving financial assistance in divorce, if one party has difficulties in life, the other party with financial ability shall give appropriate assistance. Specific measures shall be agreed by both parties; If the agreement fails, the people's court shall make a judgment.
Article 109 1 If the divorce is damaged due to the consistency of the following circumstances, the innocent party has the right to claim damages:
(1) Bigamy;
(2) Living with others;
(3) committing domestic violence;
(4) maltreating or abandoning family members;
(five) there are other major faults.
Article 1092 Legal Consequences of One Party's Infringement on Husband and Wife's Property * * * If one of the spouses conceals, transfers, sells, damages or squanders the husband and wife's property, or forges the husband and wife's debts in an attempt to occupy the other party's property, the divorce may be divided into less points or no points. After the divorce, if the other party finds the above-mentioned behavior, it may bring a lawsuit to the people's court and request to divide the husband and wife's property again.
Although marital infidelity does not constitute a criminal offence, it still bears certain civil liability. However, the people's court will not take the initiative to judge that unfaithfulness pays compensation to the innocent party. Therefore, the innocent party should clearly write down their demands in the lawsuit. Cheating in marriage does not mean that you must lead an honest and clean life.
How does the other party admit to cheating in marriage? How to divide the property that is derailed in marriage?
First, how to divide the marital property of husband and wife?
Firstly, it is determined whether the husband's cheating behavior belongs to the fault behavior of taking care of the innocent party as stipulated by law. If not, there is not much difference in property division from ordinary divorce property division. If the fault liability is bigamy or cohabitation with others, the court will consider the influence of the derailed party on the marriage and divide the property fairly on the basis of taking care of the woman.
How to divide extramarital property depends on how to determine whether the other party is bigamy or cohabiting with others. The main reason is the collection of evidence. Therefore, when the divorce property is divided, you can choose to collect evidence of the husband's infidelity with the help of a lawyer to prove that the husband has an extramarital affair, which can affect the divorce property division.
Second, China's marriage law has no direct property division relationship for marital infidelity.
In our country, marital infidelity is the responsibility of the party that causes the crisis of marriage or emotional breakdown, which can be dealt with through compensation.
Then how to identify the fault? The legal provisions of fault are:
1, bigamy, must satisfy the fault party to marry a third party, that is, there is marital status.
2. A spouse lives with others, and a spouse and the opposite sex outside marriage do not live together continuously and stably in the name of husband and wife.
3. Domestic violence, according to the Supreme People's Court's judicial interpretation, refers to: the behavior of the perpetrator to beat, bind, mutilate, forcibly restrict personal freedom or other means, causing certain harm to the body and spirit of his family members; Persistent and frequent domestic violence constitutes abuse.
4. Abuse and abandonment of family members. It must be a long-term abuse and abandonment of family members, such as illness without treatment, food, care and so on
To sum up, there is nothing wrong with what we usually call adultery, and whether the injured party will be taken care of in the division of divorce property generally depends on the specific circumstances. & gt& gt Make an appointment with a marriage and family counselor online (? Marriage repair), get a free opportunity for emotional analysis!
Third, under what circumstances can divorce divide more property?
Many people have mentioned the question of whether the innocent party can divide more property when divorcing. Moreover, almost all parties agree that there must be provisions in the law that the innocent party can divide more property. However, their understanding is not entirely correct. The following are different "faults":
1. If one party has an extramarital affair, it generally does not affect the division of property.
Now the basic principle of marriage law is freedom of marriage, including freedom of marriage and freedom of divorce. The natural extension of freedom of marriage is freedom of love; The natural extension of the freedom of divorce is that during the marriage, either party has the right to find a more suitable extramarital opposite sex (which many people can't understand), so generally speaking, it is not a legal fault for a married party to find a more suitable extramarital opposite sex or file a divorce request, but only a moral fault.
Therefore, such a "fault" marriage law does not stipulate that the innocent party should be taken care of, that is, the innocent party cannot divide more property. However, this right cannot contradict and break through the principle of monogamy and the legal provisions of inviolability of personal rights. Under any of the circumstances specified in Article 46 of the Marriage Law:
(1) bigamy;
(2) the spouse cohabits with others;
(3) committing domestic violence;
(4) If a family member is abused or abandoned, the innocent party has the right to demand compensation from the other party.
But the compensation here is not the principle of property division, but the legal responsibility that the wrong party should bear because it violates the principle of green monogamy and the inviolability of personal rights.
2. If one party has bad habits such as drug abuse and gambling, it will not affect the division of property.
Bad habits such as drug abuse and gambling belong to one party's personal behavior and do not directly infringe on the rights and interests of the other party or are not obvious. These faults should be adjusted by other laws (for example, if one party commits intentional homicide, it should be adjusted by criminal law). "Public Security Administration Punishment Law" and other relevant laws provide specific punishment methods for these acts. Therefore, for these "wrong" behaviors, legally speaking, it will not have any impact on the division of property.
3. During the divorce, if one party conceals, transfers, sells or destroys the property jointly owned by the husband and wife, or forges debts in an attempt to occupy the property of the other party, it may be divided less or not.
The marriage law clearly stipulates that when dividing the joint property of husband and wife, the party who conceals, transfers, sells, damages the joint property of husband and wife or forges debts may divide less or not. After the divorce, if the other party finds the above-mentioned behavior, it may bring a lawsuit to the people's court and request to divide the husband and wife's property again. Therefore, for the fault stipulated in this article, the innocent party can divide the property more according to law, and the guilty party can divide the property less or not.
How does the other party admit to cheating in marriage and how to divide the assets of cheating in marriage?
1. How to divide the assets of the other spouse in the marriage?
First of all, it is clear whether the husband's derailment belongs to the care of laws and regulations and belongs to the negligent personal behavior of the innocent party. If not, then in the division of property, it is not much different from the general divorce property distribution. If it is the fault responsibility of bigamy and living together with others, the people's court will consider the harm of the other party to the marriage life when dividing the property, and basically divide the assets fairly while taking care of women.
How to divide the assets of extramarital love depends on how to evaluate whether the other party is bigamy or not, and whether it is a personal act of cohabitation with others. The key reason depends on the collection of direct evidence. Therefore, people involved in the distribution of divorced property can choose to collect direct evidence of the derailed husband with the assistance of criminal defense lawyers to prove that the husband has an extramarital affair, which is a personal act that can endanger the distribution of divorced property.
Second, in China's marriage law, there is no direct relationship between the personal behavior of marital infidelity and the division of property.
In our country, the other party who cheated in marriage is responsible for the crisis of marriage life or the breakdown of marriage, which can be solved by compensation.
So how to evaluate the fault? The requirements of laws and regulations for negligence are:
1, bigamy, it is important to consider the situation that the wrong party and the third party are more than married, that is to say, married life.
2. People with immediate family members live with others, and those with immediate family members and heterosexual friends who cheat in marriage will not settle down smoothly because of the husband and wife's clients.
3. Domestic violence, according to the legal provisions of the Supreme Court, refers to: the personal behavior of the original car owner that causes certain harm to the personal and spiritual essence of the main members of his family through beating, binding, persecution, compulsory restriction of personal freedom or other means; Persistent and habitual domestic violence constitutes abuse.
4. Abuse and abandonment of family members. It must be a long-term personal behavior of abusing and abandoning family members, such as not treating, not feeding, and not taking care of these.
To sum up, as we often say, dating and adultery will not ignore personal behavior, and whether the injured party will be taken care of in divorce property distribution usually depends on the details. & gt& gt Make an appointment with a family marriage counselor online (? Marriage life repair), get a completely free opportunity for emotional analysis!
Third, under what circumstances can divorce divide more assets?
Many people have mentioned the question of whether the innocent party can divide more assets when divorced. And basically all defendants feel that there must be no fault in laws and regulations in order to meet the requirements of sufficient assets. They don't know that their understanding is not completely correct. The following "faults" are different:
1. If the other party has an affair, it will usually not endanger the division of property.
Now the basic element of marriage law is freedom of marriage, including marriage and divorce. The natural broadening after marriage means casual love; Divorce broadens the nature at will, that is, during the marriage, either party has the right to cheat in the marriage and find a friend of the opposite sex who is more suitable for them (which many people can't understand). Therefore, under normal circumstances, it is not a fault in the practical sense of laws and regulations, but only a fault in the practical sense of social morality for the other party to cheat in marriage to find a friend of the opposite sex who is more suitable for them or explicitly ask for a divorce.
Therefore, such a "negligent" marriage law is not required to take care of the innocent party, which means that the innocent party cannot divide more assets. However, this kind of dominance cannot resist and conquer the standard of monogamy and the laws and regulations that personal rights are inviolable. If there is the first situation required by Article 46 of the Marriage Law:
(1) bigamy;
(2) People with immediate family members live together with others;
(3) committing domestic violence;
(4) If a family member is abused or abandoned, the innocent party has the right to demand compensation from the other party.
But the compensation here is not the standard of dividing assets, but the legal basis that the wrong party should bear because it violates the standard of green monogamy, violates the laws and regulations that do not infringe on personal rights, and causes harm to the other party.
2. If the other party has bad habits such as drug abuse and gambling, it will not endanger the division of property.
Drug abuse, gambling and other bad habits are attributed to the moral behavior of the other party, which does not immediately harm the interests of the other party or the damage is not obvious. This kind of negligence should be regulated by other laws and regulations (for example, if the other party commits the crime of intentional homicide, it should be regulated by the Criminal Procedure Law). "Public Security Administration Punishment Law" and other relevant laws and regulations have long required the actual punishment of such personal behavior. Therefore, for this kind of "negligent" personal behavior, it is not easy to cause all harm to the division of property in laws and regulations.
3. When divorcing, if the other party hides, moves, sells or damages the property jointly owned by husband and wife, or attempts to embezzle the other party's property by imitating debts, it may divide the property less or confuse the property.
The Marriage Law clearly stipulates that when dividing marital property, if one party hides, moves, sells, damages marital property or imitates debts, it can divide it less or mix it up. After the divorce, if the other party discovers personal behavior, he can bring a lawsuit to the people's procuratorate, asking for a new division of husband and wife's property. Therefore, for the fault required by this article, the innocent party can divide more assets according to the regulations, and the guilty party will divide less or confuse assets.