According to the provisions of Article 46 of the Marriage Law and the relevant judicial interpretations, the request for divorce damages should meet the following three conditions at the same time:
 （1） Both parties have the legal status of husband and wife. The legal status of husband and wife means that both men and women have obtained marriage certificates through marriage registration; At the same time, it also includes the de facto marriage that both men and women have met the substantive requirements of marriage before the Ministry of Civil Affairs announced and implemented the Regulations on the Administration of Marriage Registration on February 1, 1994. Therefore, if both men and women live together illegally in the name of husband and wife without marriage registration, or do not meet the above de facto marriage conditions, the divorce damage compensation system is not applicable to the personal and property disputes caused by their separation.
 （2） The premise of the right of claim for divorce damages that both parties have entered the divorce proceedings is divorce proceedings. Therefore, in all cases where the people's court has ruled that divorce is not allowed, the court does not support the claim for damages proposed by the parties based on Article 46 of the Marriage Law; During the duration of the marriage relationship, the people's court shall not accept the case where the party concerned files damages separately in accordance with the provisions of this article without suing for divorce.
 （3） In general, divorce is caused by a specific fault of the husband and wife. There are complex subjective and objective reasons for divorce, and both husband and wife often have different responsibilities. However, only when one party is divorced due to the existence of bigamy, cohabitation with others, domestic violence, maltreatment and abandonment of family members, the fault party becomes the subject of damages, and the non fault party cannot claim damages from the "third person" who has bigamy or cohabitation with the fault party. Extramarital sex, such as adultery, is excluded. The "no fault" mentioned here is limited to the four kinds of faults listed above. Other faults are unavoidable in marriage and family life, so we cannot expand our understanding of "no fault".