Thinking of the current Marriage Law stipulated in the divorce compensation provisions
Author:Divorce Lawyer Song Lawyer Son Time:2022.06.22
In the previous article, the lawyer analyzed the provisions of the current marriage law on the issue of divorce compensation based on the actual case. The biggest feature of this regulation is that the request for divorce compensation is limited to only four cases, namely: 1. Rebelling; 2. Cohabitation with the extramarital opposite sex; 3. Implementing family violence; 4. abuse and abandon family members. In addition, such as frequent derailment, even children such as "third party" have no conditions for divorce compensation. As a result, many parties suffered emotional damage but could not request compensation in divorce litigation.
Regarding the above situation, the divorce lawyer believes that the legislators should be paid attention to in the process of legal amendments in the future. After all, marriage law should be based on maintaining the stability of marriage and family, and the main purpose of the marriages will be taken into account seriously.
For example, in the previous divorce case of this lawyer, the man has derailed different objects during the existence of the marriage relationship. He has no choice but not to reach the level of cohabitation or the legal element of the big. The court still rejected his complaint under the lack of legal basis. For this result, the woman's mood can be imagined.
In view of the above reasons, combined with the current marriages stipulated in the Marriage Law, it includes not fulfilling the obligation of loyalty to the husband and wife, but it is not introduced in the divorce compensation conditions. And to give judges the corresponding free tailoring. For example: When a judge believes that one party's behavior violates the obligation stipulated in the marriage law, a serious fault (non -referring to the above four faults) is caused by divorce, and there is no fault to ask for divorce compensation.
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