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Circumstances where the no-fault party can claim damages in divorce proceedings

Updated: Mar 21, 2018 english.legalinfo.gov.cn Print

In accordance with the provisions of the Marriage Law, a no-fault party shall have the right to claim damages 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 family member(s). Where a no-fault party claims damages based on the circumstances listed above, the claim can only be made to the husband or wife of his or her own, and cannot be made to the third party, and the claims should be made at the same time the divorce action is instituted.

Damages claimed by the no-fault party based on the above-mentioned circumstances include material damages and emotional damages. As to emotional damages, the relevant provisions of the Interpretation of the Supreme People's Court on Problems regarding the Ascertainment of Compensation Liability for Emotional Damages in Civil Torts shall be applied. Where the court decides not to grant divorce, the above-mentioned damages shall not be sustained. The court shall also not sustain the claims made by the woman for the payment of the dallymoney, alimony and other relevant costs except the maintenance payments in a divorce action.


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