The wife was divorced by the domestic violence and the husband asked for 200,000 yuan to cause a hot lawyer: having fault does not mean "cleaning out of the house"
Author:Poster news Time:2022.09.01
Recently, in Jiaozuo City, Henan Province, the court mediated a divorce dispute in the family. In the case, Lan and Li had been married for more than 20 years, and had a daughter together. In 2017, her husband Li's unemployment changed greatly after unemployment. His wife Lan Mou helplessly chose to calm down with him, but was threatened by Li Mou and many times. Lan had to seek help from the court. During the mediation of the court, her husband Li was reluctant to divorce, saying that if the divorce party had to pay 200,000. In the end, after the mediators persuaded, the two parties reached an agreement on the two parties that "Lan Mou pays 150,000 Li, the defendant leaves home, and the property belongs to his daughter". Both parties are satisfied with this.
In response to this result, many netizens said that they did not understand why there are no faults of domestic violence and can ask for money from the other party during the divorce process. To this end, the reporter consulted several legal circles. Wang Yantao, a lawyer of Beijing R & F Law Firm, told reporters that during the existence of the relationship between husband and wife, the 200,000 yuan may be the common property of the husband and wife. According to the size of the fault, the court will give some considerations that when the property divides the property, the number of spiritual comfort will be appropriately ordered to tend to the wrong party. Essence Senior partner of Shandong Guoqin Island Law Firm, Jin Ping, a marriage and family lawyer, said that mediation is the principle of civil law and autonomy of civil law, and mediation is based on the principles of civil autonomous autonomy between the two parties. As long as the mediation content does not violate the law and does not violate the public order, then this mediation is effective. For the house of the two, it is equivalent to the man's common property to the child, and the woman also gives part of her to the child. Although the man asked the woman to give 200,000, it was not a request without principles. It would be 200,000 when giving up the right to divide the house to the daughter. In general, for this divorce agreement, both parties can accept each other, and the court will not support mediation opinions, because it does not violate the law or violates public order and customs.
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