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Specific provision of divorce damage compensation

date:2019/11/25 Clicks:97
Divorce damage compensation refers to the system that unerring party has the right to ask the erring party to compensate for the damage caused by the marital breakdown due to the serious fault of the spouse. Article 46 ofMarriage Law of the People's Republic of Chinastipulated that: “A no-fault party shall have the right to make a request for damage compensation under any of the following circumstances bringing about divorce:
(1)Bigamy;
(2)Cohabitation of a married person with any third party;
(3)Domestic violence; and
(4)Maltreatment and desertion of one family member by another.”
In cases where divorce is not allowed by judgment of the people's court, the parties concerned shall not support their right to claim damages. The people's court shall not accept the claim for damages if the parties do not file a lawsuit for divorce during the period of marriage.
Author of this article:
Mingsheng LU
Chief Attorney of BONBONWU, Partner Attorney of Dentons (China), which consists of 45 offices and spans all of provinces and autonomous regions of China.
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