Can Husband Have an affair and Wife Claim Divorce Damages

Divorce refers to the act of dissolving the marriage relationship according to the conditions and procedures stipulated by the law during the life of both husband and wife. Divorce means the end of the relationship between husband and wife, which will bring about changes in property relations, child support relations, etc. According to the actual situation of divorce, there are two ways: agreement divorce and litigation divorce. Divorce is not a glorious thing. It is a loss to either party. Of course, this does not mean that divorce is not allowed. When the conditions for divorce are met, couples can get together and get separated easily!

2024-05-23 12:30:15 1013 people helped

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Can Husband Have an affair and Wife Claim Divorce Damages

During the marriage relationship, if the man appears extramarital affairs , only when the legal claim for damages is met, the woman can propose Divorce damages Application for.
Specifically, these situations mainly include the following aspects:
First, if one party has bigamy;
Secondly, if one party lives like a husband and wife cohabitation Behavior;
Moreover, if one party abuses Family Violence Behavior;
In addition, if one party abuses or abandons family members;
Finally, if there are other serious fault behaviors, etc.
The content of compensation includes material loss and mental loss.
《 Civil Code 》Article 1091
One of the following circumstances causes divorce The non fault party has the right to claim damages:
（1） Bigamy;
（2） Cohabitation with others;
（3） Domestic violence;
（4） Abuse or abandon family members;
（5） There are other major faults.
The Supreme People's Court's Decision on the Application of the Civil Code of the People's Republic of China marriage and family Article 86 of Interpretation (I)
The "compensation for damages" stipulated in Article 1091 of the Civil Code includes material damages and Compensation for mental damage 。 Where compensation for mental damage is involved, the relevant provisions of the Interpretation of the Supreme People's Court on Several Issues Concerning the Determination of Liability for Mental Damage in Civil Torts shall apply.

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