1. After divorce, under what circumstances can the cheater be punished again?
1. If the cheating party is bigamy, the criminal responsibility of the cheating party can continue to be investigated after divorce.
2. The cheating party in marriage belongs to the degree of "the spouse lives with others", and can still claim damages after divorce.
2. After the divorce, if the other party is found to have hidden or transferred the pre-marital property, it may bring a lawsuit to the people's court and request to divide the joint property of husband and wife again.
This article will not talk about such issues as debt and creditor's rights.
Second, investigate the criminal responsibility of the cheating party in marriage for bigamy.
If the cheating party once lived with others in the name of husband and wife during the marriage, the people around him also thought it was husband and wife. "Divorce", that is, the innocent party in the marriage, can directly file a criminal private prosecution with the people's court if there is relevant evidence to prove it. If the evidence is insufficient, the people's court shall transfer it to the public security organ for investigation, and the victim may also appeal to the public security organ, and the people's procuratorate shall initiate a public prosecution. According to the provisions of the time limit for criminal prosecution, if the crime of bigamy is constituted, criminal responsibility can be investigated again within five years.
Article 258 of the Criminal Law: A person who has a spouse commits bigamy or marries another person knowing that he has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.
Third, after the divorce, claim damages from the cheating party.
1, Legal situation of damages:
General adultery and cohabitation are not legal situations in which the innocent party asks for compensation during divorce, so after divorce, the derailed party cannot be conquered according to general extramarital affairs. Cheating behavior needs to reach the level of "bigamy" and "having a spouse living with others", and the war of rights protection can be started without fault after marriage.
Article 46 of the Marriage Law: In case of divorce due to one of the following circumstances, the innocent party has the right to claim damages: (1) bigamy; (two) a spouse living with others; (3) committing domestic violence; (4) maltreating or abandoning family members.
2. Restrictions on claims:
No matter whether the court decides to divorce or the civil affairs department agrees to divorce, the claim for damages after divorce needs to be filed within one year. If love rat's concealment method is clever, he can't sue for more than one year. This is mainly considering that although there is a fault in derailment, it can't let others talk endlessly.
Interfere with married or remarried life. It should be noted here that: (1) the one-year period is calculated from divorce, not from discovery; (2) The innocent party in divorce proceedings belongs to the defendant, who did not claim damages at that time. If an innocent party files a divorce lawsuit as a plaintiff, it cannot be filed after marriage. This is mainly to protect the innocent party of "divorce". (3) If the claim for damages is explicitly waived at the time of divorce, no lawsuit can be brought after marriage.
The Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (1) Article 30 When accepting a divorce case, the people's court shall inform the parties in writing that they enjoy the relevant rights and obligations stipulated in Article 46 of the Marriage Law. When applying Article 46 of the Marriage Law, the following different situations should be distinguished: (1) If the innocent party who meets the provisions of Article 46 of the Marriage Law files a claim for damages with the people's court according to the provisions, it must file it at the same time as the divorce proceedings. (2) In divorce proceedings in which the innocent party is the defendant, if the defendant does not agree to the divorce and does not file a claim for damages in accordance with the provisions of this article, he may file a separate lawsuit in this regard within one year after the divorce. (3) In divorce proceedings in which the innocent party is the defendant, if the defendant fails to make a claim for damages in accordance with the provisions of Article 46 of the Marriage Law in the first instance, the people's court shall conduct mediation during the second instance. If mediation fails, the parties concerned shall be informed to file another lawsuit within one year after divorce.
Fourth, after divorce, ask for a new division of property.
After divorce, if one party is found to have transferred or concealed the property of husband and wife before marriage, he may bring a lawsuit to the court within two years from the date of discovery, demanding a new division of the property.
Article 47 of the Marriage Law stipulates: "If one party conceals, transfers, sells or damages the joint property of husband and wife, or forges debts in an attempt to seize the property of the other party, when dividing the joint property of husband and wife, the party who conceals, transfers, sells or damages the joint property of husband and wife, or forges debts, may be given 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.
In the case of cheating, the cheating party may buy real estate, vehicles or give a large sum of money to a "third party". If you don't know beforehand and don't ratify it without fault afterwards, you can take the liar and the "third party" to court and demand the return of the property of the pre-marital couple before division. After recovering the property from the "third party", the innocent party can also put forward the principle of "taking care of the innocent party" to the court to obtain more property.
Article 3 1 of the Supreme People's Court's Interpretation on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (1) The limitation of action for a party to bring a lawsuit to a people's court in accordance with the provisions of Article 47 of the Marriage Law and request to divide the marital property again is two years, counting from the day after the party finds out.
Conclusion:
The legal provisions are easy to make clear, but the real life is quite different. Friends who encounter such problems can ask professional lawyers for help.