1 18 The divorce case between Wang and Ma Rong, which has attracted much attention, will be held in Chaoyang court in Beijing at 1: 3 this afternoon. It is reported that Wang himself will appear in court with lawyer Zhang Qihuai. At the same time, the case of Ma Rong v. Wang's reputation infringement will also be opened at 4 pm after Wang v. Ma Rong's divorce case. The couple's two lawsuits will be held in the same court and on the same afternoon.
Let's review the previous situation: In the early morning of August 14th this year, Wang published a Weibo, accusing his wife Ma Rong of having an illicit sexual relationship with her agent Song Zhe, and decided to dissolve the marriage relationship with Ma Rong and stop cooperation with Song Zhe.
On the morning of August 6th, Wang came to Chaoyang court and sued his wife Ma Rong for divorce. In the complaint, Wang asked for the dissolution of the marriage relationship between the two parties and ordered the legitimate children to be raised by him. Ma Rong pays the maintenance fee according to law until the child reaches the age of 18, and divides the husband and wife's property according to law.
Recently, Zhang Qihuai, Wang's attorney, was interviewed by the media and revealed some specific details of the divorce case. In view of these inside information that the public did not know before, a professional lawyer was hired. Will these details affect the direction of divorce judgment? What effect will it have on the division of property? Will Ma Rong attend today's trial? News 117 will analyze it for you in advance.
If the evidence of Ma Rong's infidelity is conclusive, will Wang Can Bao Qiang ask the other party to go out and clean it up?
Zhang Qihuai, Wang's attorney, said in an interview with the media on 16th that after investigation, Wang has factual evidence about Ma Rong's affair with Song Zhe, and will present it in court today, so that the factual evidence can speak for itself.
So, if the hammer of "Derailment" is released, what impact will it have on the property division that the public is very concerned about? Lawyer Zhang Xianglong, director of the Marriage Law Department of Tianjin Dashui Law Firm, said: "First of all, it should be clear that' cheating' in the legal sense is slightly different from' cheating' in morality. The evidence of one-night stand, extramarital affair and opening a house can only prove whether the marriage has broken down, while the evidence of derailment needs to provide' the other party has a spouse living with others'. "Cohabitation" means living together for a period of time. Whether Wang can produce this evidence is very important. "
According to Item (2) of Article 46 of the Marriage Law of the People's Republic of China, if one spouse cohabites with others and divorces his spouse, the innocent party has the right to claim damages. "The innocent party can ask the other party to bear the compensation for mental damage, but the legal fault of' derailment' directly leads to the reduction of property division or clean going out, which is impossible." Lawyer Zhang Xianglong said.
Zhang Xianglong, a lawyer, said that in the divorce proceedings with public judgment, the cheating party had a precedent of being sentenced by the court to pay 6, yuan for spiritual comfort.
in other words, evidence such as "extramarital affairs" can only be discretionary circumstances, not legal evidence. Even if Wang can produce evidence of Ma Rong's infidelity according to the legal definition, he can only apply for compensation for mental damage, but can't directly affect the division of property, and ask Ma Rong to score less or divide the property.
how to judge Ma Song's cheating and transfer his property?
Zhang Qihuai told the media that the rumor that "Ma Rong took most of Wang's property and Wang borrowed money to go to court" is true, and relevant evidence will be presented in court.
Zhang Xianglong, a lawyer, said: "The division of marital property is generally evenly distributed, or tends to the woman or the party with custody of children. There are only two situations that can directly affect the division of property. First, the two sides have an agreement on the AA system of husband and wife property, and second, one party maliciously transfers, conceals or damages the joint property of husband and wife. "
"If there is no fault, the court may be required to ask the party who hides or transfers the joint property of husband and wife to divide the property less or not according to the provisions of Article 47 of the Marriage Law." Lawyer Zhang Xianglong said, "There are many divorce cases I have taken over. According to the severity of the nature, there are precedents for properties with 27 points, 37 points and 46 points, but there is no such thing as no distinction. It should be said that there are very few cases of' regardless of property'. "
it is worth noting, however, that the party transferring the property has little or no property, only for some of the transferred and hidden property, not all the property of * * *.
Before the prosecution, Wang received a threatening message from Ma Rong. What is the impact on this case?
Zhang Qihuai also revealed some inside information before Wang publicly divorced:
One day, Wang came home from work and found Ma Rong's two mobile phones charging. Between husband and wife, Wang picked up Ma Rong's mobile phone and looked at it, only to be surprised to find that his wife Ma Rong and his agent Song Zhe had a lot of nasty content. At that time, the king trembled with anger. He checked the money on his card again and was almost washed empty by Ma Rong. Wang quickly invited Zhang Qihuai's lawyer to intervene in his divorce case. At first, before formally deciding to divorce, Wang saw that there were two children at home, but he was still prepared to divorce Ma Rong privately and keep the news of the divorce secret. But Wang called Ma Rong many times in a row, but she never answered.
"Later, in desperation, I accompanied Wang to his mother-in-law's house and persuaded Ma Rong to come back and negotiate a divorce. But Ma Rong's mother didn't persuade her daughter to get along with Wang He ... After waiting for a long time, Ma Rong finally sent a long letter back to Wang's mobile phone, but in the letter, Ma Rong not only didn't apologize for her infidelity to the marriage, but strongly threatened Wang, "If you dare to make a statement, I will let you lose everything, and if you don't believe it, you will wait and see" ... Bao forced it, and the threatening message could become
in the early morning of August 15th. "It can only prove whether the relationship between husband and wife is broken, and it can only be used as indirect evidence, which will not have much impact on the results." Lawyer Zhang Xianglong said.
is ma Rong v. Wang's reputation infringement case established?
The case of Ma Rong v. Wang's reputation infringement will also be heard at 4 o'clock this afternoon after Wang v. Ma Rong's divorce. Lawyer Zhang Xianglong thinks this case is not optimistic.
"At present, it is likely to be infringed by Wang. Cheating belongs to the category of' personal privacy'. In marriage cases, the contents involving personal privacy are not taboo and must be within the scope of the law. Even if what Wang said is true, he should produce or state these contents in divorce proceedings, instead of choosing to make them public. Coupled with the particularity of the identity of both parties, Wang indirectly or directly affected Ma Rong's reputation, and Wang was passive in this case. " Lawyer Zhang explained.
Wang's "improper way of safeguarding rights" may have an impact on Ma Rong's case of reputation infringement against Wang. However, whether the compensation items and amount demanded by Ma Rong are justified needs to be announced in court.
Will Ma Rong appear today?
Zhang Qihuai, Wang's attorney, previously revealed to the media that since the divorce case and the reputation infringement case were tried at the same time, both lawsuits involved Wang. In addition, there will be more evidence in divorce cases than in honour infringement cases. Divorce cases also involve property division, child support and many other issues. Due to the particularity of divorce proceedings, Wang will appear in court in person.
However, unlike Wang's decision to appear in court in person, he has applied to the court for Ma Rong. She did not appear in court and applied for a closed trial. Does Ma Rong have the right not to appear in court?
It is understood that due to the particularity of marriage cases, the judge himself must appear in court, and the lawyer's agency qualification is also general agency rather than special authorization. However, Zhang Xianglong's lawyer mentioned that there are some exceptions. "I'm not in China, otherwise I have to be treated in the hospital. I can apply to the court in advance, but I need to provide corresponding proof. If Ma Rong is not in China, he must be certified by China's foreign embassy and issue relevant certificates before he is eligible not to appear in court. "
As for the case of Ma Rong v. Wang's reputation infringement, both parties can entrust lawyers, and I don't have to appear in court.