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How to calculate the economic compensation in divorce proceedings

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How to calculate the economic compensation in divorce proceedings


        

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  • 2024-06-24 23:00:02

    The law does not stipulate specific economic compensation standards. Article 40 of the Marriage Law stipulates that the husband and wife agree in writing that the property acquired during the marriage relationship shall belong to each other. If one party has paid more obligations for raising children, caring for the elderly, assisting the other party in work, etc., it has the right to request compensation from the other party, and the other party shall compensate. The establishment of divorce compensation system can make the party who has paid more obligations in the marriage relationship get spiritual comfort and property relief in divorce, which reflects the justice, compensation and protection functions of the law. The economic compensation system is applicable to divorce. Determine and calculate the amount based on the following conditions:
    1. Both parties have made their own agreement on the ownership of the property during the marriage relationship. That is, separate property system shall be adopted for marital property. If the two parties have not agreed on the property in question, the legal common property system shall apply, or if they have agreed but not agreed on their own ownership, this system shall not apply.
    2. The party who requests divorce compensation should be the one who has more obligations. The so-called obligation to pay more refers to the obligation to pay more time and energy in housework, such as raising and educating children, caring for the elderly and assisting the other party in work.
    3. The party who pays the obligation has the right to claim compensation for the obligation. The amount of compensation shall be equal to the value of the services rendered by one party. The specific amount shall be agreed by both parties, and the people's court shall make a judgment according to the specific circumstances, such as the length of marriage of both parties, the size of their children, their respective investment in child rearing and education, support for the elderly during the marriage relationship, the assistance of one party to the other, and the economic income of both parties.
    4. The right to apply for divorce compensation does not consider the fault of both parties. No matter whether the parties are at fault or not, the party who has paid more obligations can claim compensation, and its right to claim compensation is not based on the fault of the other party. If the party who has paid more obligations is at fault, it shall not deprive it of the right to claim compensation because of its fault.

    A***

    2024-06-24 23:00:02

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