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Can Divorce Claim Compensation? How to Pay Divorce Compensation

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Can Divorce Claim Compensation? How to Pay Divorce Compensation


        

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  • 2024-06-24 09:00:03

    Can compensation be claimed in divorce? In the case of administrative divorce agreed by both husband and wife, if both parties have reached an agreement on compensation for divorce damages, the law should respect the wishes of the parties without intervention; If the two parties cannot reach an agreement on the issue of divorce damages, they can divorce through litigation and the people's court will make a judgment according to law.
    1. If the faultless party in line with the provisions of Article 46 of the Marriage Law, as the plaintiff, files a claim for damages to the people's court based on the provisions of this article, it must be filed at the same time as the divorce proceedings.
    2. If the defendant does not agree to divorce and does not file a claim for damages based on the provisions of Article 46 of the Marriage Law, a divorce lawsuit in which the innocent party is the defendant can be filed separately within one year after divorce.
    3. In the divorce proceedings in which the innocent party is the defendant, the defendant did not make a claim for damages based on Article 46 of the Marriage Law in the first instance. If the defendant made a claim during the second instance, the people's court shall mediate. If the mediation fails, the party concerned shall be informed to file a separate lawsuit within one year after the divorce. The scope of divorce damage compensation should include material damage and mental damage. The civil liability for divorce damages should take both property liability and non property liability. The liability forms of divorce spiritual damage compensation can also be applied to non property liability and property liability. If the illegal act of the fault spouse causes the mental trauma of the non fault spouse, he or she may request the payment of consolation money. If the reputation right of the innocent spouse is damaged, he or she has the right to request to stop the infringement, restore his or her reputation, eliminate the influence, and make an apology. How much to compensate for divorce mental damage compensation is the focus of attention of every victim who requests divorce mental damage compensation. However, there is no clear standard for mental damage compensation in China. Therefore, there is no clear amount standard for the compensation of divorce spiritual damage. The specific amount of divorce compensation depends on the specific situation and the specific analysis of the economic level of the region. The compensation standard for general mental damage is 1000-3000 yuan; For serious mental damage, the compensation standard is 3000-5000 yuan; If the infringer's infringement is particularly bad, the victim's injury is particularly serious or the social impact is particularly great, the compensation may be higher than the above compensation according to the actual needs. Generally, the amount of divorce mental compensation should be enough to comfort the victims' psychological trauma and mental pain, and at the same time, the economic affordability of the perpetrator should be considered. In practice, the amount of divorce damages can be negotiated by the husband and wife. If the negotiation fails, the judge will decide it according to the local economic situation, the economic situation of both parties and other factors.

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