In handling divorce cases, the people's court shall, in accordance with the Marriage Law of the People's Republic of China, the Law of the People's Republic of China on the Protection of Women's Rights and Interests and relevant laws and regulations, distinguish between personal property, joint property of husband and wife and common property of the family, adhere to the equality of men and women, and protect the legitimate rights and interests of children and women.
In addition, as for whether it is necessary to consider the interests of the innocent party when the husband and wife's common property is divided, Article 46 of this Law establishes the divorce damage compensation system, that is, 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. There are two types of divorce fault compensation methods: one is to distribute more property to the innocent party in the division of the joint property of the husband and wife, which is the practice of current trial practice; the other is to compensate the innocent party with their own property when the property of the husband and wife belongs to their own or the common property is insufficient to compensate. This law does not adopt the fault principle of dividing common property at the time of divorce, that is to say, in the division of common property, the individual liability causing divorce is not considered, but the principle of divorce fault compensation is adopted, and the party without fault has the right to claim compensation for losses.
Article 39 of the Marriage Law of the People's Republic of China
At the time of divorce, if the two parties fail to reach an agreement on the disposition of their common property, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of their children and the wife. The rights and interests enjoyed by the husband or wife in the household land contract management shall be protected according to law.
Article 46 of the Marriage Law of the People's Republic of China
[Compensation for damages] If one of the following circumstances leads to divorce, the no fault party has the right to request compensation for damages:
（1） Bigamous
（2） Cohabiting with others
（3） Domestic violence
（4） Maltreating or abandoning family members.
