According to the Marriage Law and its relevant provisions, the fault party should compensate the other party when dividing the property, and should take care of the non fault party when dividing the property. The Marriage Law of our country stipulates: "If one of the following circumstances leads to divorce, the innocent party shall claim damages:
 （1） Bigamous
 （2） Cohabiting with others
 （3） Domestic violence
 （4） Abusing or abandoning family members. "
 Therefore, if a divorce is due to the fault of one party during the existence of the marriage relationship, the joint property of the husband and wife should be divided equally. There is no provision that the fault party should be less or no divided, but the non fault party can claim damages from the fault party. Of course, one party voluntarily gives up the share of the joint property of the husband and wife, and the law does not prohibit and interfere.