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The new regulations of the Civil Code in 2022 stipulate infidelity
Time:2025-08-28 Views:788
Article 1079 of the Civil Code stipulates that if one party of a married couple requests a divorce, the matter may be mediated by relevant departments or the party may directly file a lawsuit for divorce with the people's court.
When the people's court hears a divorce case, it shall conduct mediation. If the relationship has indeed broken down and mediation proves ineffective, divorce should be granted.
Where any of the following circumstances exists and mediation proves ineffective, divorce shall be granted:
(1) Bigamy or cohabitation with a third party by a married person;
(2) Committing domestic violence or abusing or deserting family members;
(3) Has the habit of gambling, drug abuse or other vices and refuses to mend his ways despite repeated admonitions;
(4) Where the couple has been living separately due to incompatibility for a period of two years or more;
(5) Other circumstances that lead to the breakdown of the marital relationship.
If one party is declared missing and the other party files for divorce, the divorce shall be granted.
During a marriage, if one party is unfaithful, there are no explicit laws or regulations stipulating that the innocent party can receive a larger share of the property. However, when dividing the property, the innocent party will be given some preferential treatment. The opinion of the Supreme People's Court is that when courts handle the joint property of the couple in divorce cases, they will, in accordance with the Civil Code of the People's Republic of China, the Law of the People's Republic of China on the Protection of the Rights and Interests of Women and relevant laws and regulations, distinguish between personal property, joint property of the couple and joint property of the family, adhere to gender equality, protect the legitimate rights and interests of women and children, and take care of the innocent party Respect the will of the parties involved, and resolve the issue in a reasonable and fair manner based on the principles of facilitating production and life.
Infidelity is an extremely irresponsible act that will cause emotional harm to the other party. Usually, after infidelity, people choose to divorce. In the issue of divorce, this will lead to significant disputes. According to the provisions of China's marriage law, the party at fault will receive a smaller share of the property and must make certain compensation.
After collecting evidence that the spouse has been unfaithful, one can file for divorce in court and demand divorce compensation from the party at fault. The following are the compensation standards for extramarital divorce:
Divorce compensation for extramarital affairs includes two aspects: material damage compensation and mental damage compensation.
Material damage compensation includes: expenses incurred in collecting evidence of the other party's bigamy, litigation fees, legal fees, and other direct material damages.
2. As there is no clear standard for mental damage in our country, there is also no clear standard for compensation for mental damage suffered due to divorce caused by extramarital affairs. In actual operation, due to the increasing probability of extramarital affairs, there are still many people who want to know about divorce compensation for extramarital affairs.
In actual operation, it needs to be determined according to the following standards:
(1) The degree of mental damage suffered by the innocent party in an extramarital affair. The degree of mental harm and mental pain suffered by the victim can be taken into account, such as whether there are emotional disorders like anger, fear, anxiety, depression and sadness. Whether physical illness is caused by mental and emotional damage; Whether one is mentally depressed or in a daze, which affects work and life; Whether there are mental illnesses, etc. As the damage results involve both the physical and mental aspects of a person, medical institutions may be entrusted to make corresponding judgments when necessary.
(2) The specific circumstances of the infidelity of the party at fault in the extramarital affair. Compared with adultery, bigamy is a more serious and harmful act and is considered a particularly egregious crime. In contrast, adultery is relatively less serious.
(3) The degree of fault of the party at fault in an extramarital affair. For instance, does the behavior of one party involved in an extramarital affair with a third party seriously affect the life of the innocent party?
(4) Other relevant factors. Factors such as the length of marriage between the two parties, the duration of their marriage, the feelings between them after marriage, and the efforts made by the innocent party to the marital life should all be taken into account as compensation considerations.
The above is the relevant content collected by the editor of Faneng Law Firm regarding the "New Regulations on Infidelity in the 2022 Civil Code". From the above content, we can know that there is no specific amount of compensation that the unfaithful party should pay to the innocent party stipulated in Chinese law. The specific compensation needs to be settled based on the actual situation of both parties. Moreover, in fact, a divorce based on infidelity may not necessarily be supported by the court. There must be sufficient evidence to prove the act of infidelity. If you still have any questions about the above content, you can consult the lawyers of Faneng Law Firm online. Sichuan Faneng Law Firm is dedicated to serving you.