You can claim compensation, but you must meet the conditions prescribed by law;
If the other party is at fault, you can claim damages from him. Article 46 of the Marriage Law of the People's Republic of China stipulates that the following illegal acts can claim damages: bigamy, cohabitation of a spouse with others, domestic violence, abuse and abandonment of family members.
Reprinted in Guangdong Dai Yang Lawyers Network/Wen Yao/Wen Yao/1006.html.
If the other party is not at fault, whether it is divorce by agreement or divorce by judgment, as long as your husband and wife have the same property (real estate, salary or management income, etc.). During the marriage relationship, you can get your share through agreement or litigation.
If his property is acquired after your husband and wife get married and belongs to you husband and wife, he can't give it to his family without your consent.
As for the issue of child support, it is a mandatory provision of the law, and it is a duty and obligation that both husband and wife can't escape. You must also do your duty to support children.
As for the issue of compensation, it is best to settle it through consultation, but if consultation fails, you can also submit it to the court in the course of litigation. The amount of compensation will not be known until the court passes mediation or judgment according to the situation of both of you.
Two, husband and wife * * * with the scope of property.
Article 17 of the Marriage Law stipulates that "the following property acquired by husband and wife during the marriage relationship shall be owned by husband and wife:
(1) Wages and bonuses;
(2) Income from production and operation;
(3) Income from intellectual property rights;
(4) Inherited or donated property, except as provided for in Item 3 of Article 18 of this Law;
(five) other property that should be owned by * * *.
Husband and wife have equal rights to dispose of all property. "
Husband and wife property system is a legal system that stipulates the property relationship between husband and wife, including the ownership, management, use, income and disposal of husband and wife's property before marriage, the burden of family living expenses, the settlement of husband and wife's debts, the liquidation and division of husband and wife's property at the end of marriage, etc. Its core is the ownership of husband and wife's property before marriage and after marriage. The establishment of marital property system and the adjustment of marital property relationship by law are of great significance for protecting the legitimate rights and interests of husband and wife, maintaining equal and harmonious family relations and ensuring the transaction safety between husband and wife and the third party. The marriage and family laws of modern countries all stipulate the marital property system.
The first paragraph of this article stipulates that the following properties, such as wages, bonuses, production and business income, obtained by husband and wife during the marriage relationship, shall be jointly owned by husband and wife. This provision shows that the marital property system in China adopts the marital property system, that is, during the marriage relationship, unless the personal property and the husband and wife agree otherwise, the property acquired by both spouses or one of them belongs to both spouses, and both spouses enjoy equal property ownership. Here, * * * and both refer to * * * and * * *, not * * *.
Three, according to the provisions of this article, the common property of husband and wife in China has the following characteristics:
1. Husband and wife * * * are married couples. Men and women who have not formed a marriage relationship, such as unmarried cohabitation, cohabitation outside marriage, and both men and women whose marriage is invalid or revoked, cannot become the subject of property owned by husband and wife * * *.
2. The joint property of husband and wife is the property acquired during the marriage relationship, and the pre-marital property does not belong to the joint property of husband and wife. During the period of marriage, from the date of conclusion of legal marriage to the effective date of death or divorce of one spouse.
3. The source of the joint property of husband and wife is the property acquired by both husband and wife or one of them, including both the property acquired by husband and wife through labor and other legal property acquired by non-labor. Of course, unless the law directly stipulates that it is personal property or the husband and wife agree that it is personal property. The "income" mentioned here refers to the acquisition of property rights and does not require the actual possession of property. If one party obtains the property such as the manuscript fee before marriage, but does not actually obtain it, the manuscript fee after marriage shall be paid by the publishing house. At this time, the manuscript fee does not belong to the joint property of husband and wife. Similarly, if the publishing house promises to pay a fee after marriage, but does not get the fee until the marriage is dissolved, then the fee also belongs to the husband and wife's property.
4. Husband and wife have equal ownership of the same property, and both parties have equal rights and assume equal obligations. Husband and wife have equal rights to dispose of all property. In particular, unless otherwise agreed, the husband and wife shall obtain the consent of the other party for the disposal of the same property.
5. Property that cannot be proved to belong to one spouse is presumed to be the joint property of husband and wife. The Supreme People's Court 1993 1 1 Several Specific Opinions of People's Courts on Handling the Division of Property in the Trial of Divorce Cases (hereinafter referred to as "Opinions") stipulates: "If it is difficult to determine the personal property or the joint property of husband and wife, the party claiming rights has the responsibility to prove it. If the parties can't produce strong evidence and the people's court can't verify it, it shall be treated as the joint property of the husband and wife. " This provision is the legal embodiment of this principle. There are similar regulations abroad. Article 226 of the Swiss Civil Code stipulates: "Any property that has no evidence to prove that it belongs to the personal property of one spouse is regarded as the joint property of the husband and wife."
6. The division of marital property should be divided equally in principle. According to the actual needs of production and life, the source of property. , handled by both parties through consultation. If the agreement fails, the people's court shall, according to the specific circumstances of the property, take care of the rights and interests of children and women and make a judgment.
7. If one of the spouses dies and divides the estate, half of the marital property shall be given to the other spouse first, and the rest shall be the estate of the deceased, which shall be handled according to the inheritance law.
To sum up, getting compensation for divorce has nothing to do with the existence of property, and in ordinary divorce cases, it will not involve the issue of compensation, but if one party is at fault and leads to divorce, then the victim can ask for corresponding compensation, so as to better protect his legitimate rights and interests.