Many people have such concerns when they want to divorce, that is, whether it is a fault to propose a divorce, and they should be liable for compensation, but is this really the case?
The second article of China's Marriage Law stipulates that a marriage system featuring freedom of marriage, monogamy and equality between men and women is implemented. The freedom of marriage here includes freedom of marriage and freedom of divorce. In other words, divorce is the right of free choice given by the marriage law. It will not be liable for compensation for exercising this right.
In divorce cases, what needs to be compensated is the existence of fault. Article 46 of the Marriage Law stipulates that the faultless party has the right to claim damages if one of the following circumstances leads to divorce:
(1) Bigamy (2) cohabitation of a spouse with another person (3) domestic violence (4) abandonment, maltreatment, family members.
That is to say, in the case of divorce, only when the four situations mentioned above occur will we be liable for compensation. Therefore, if the marriage has died and cannot be maintained, there is no need to worry about taking the initiative to ask for divorce and bearing the liability for compensation. Divorce is a legal right granted by the law.
Article 2 of the Marriage Law stipulates that a marriage system featuring freedom of marriage, monogamy and equality between men and women shall be implemented
According to Article 46 of the Marriage Law, if one of the following circumstances leads to divorce, the innocent party has the right to claim damages: (1) bigamy; (2) cohabitation of a spouse; (3) domestic violence; (4) maltreatment and abandonment of family members.