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Lawyer from Legal Sheng Bang said | Yang Juan: From Wang Leehom's exposure of infidelity within marriage, how can one spouse cheat and the other protect their rights?

Recently, on the third day after Wang Leehom admitted his divorce, his ex-wife Li Lianglei angrily accused Wang Leehom of infidelity, soliciting prostitutes, and transferring their common property.


Recently, on the third day after Wang Leehom admitted his divorce, his ex-wife Li Lianglei angrily accused Wang Leehom of infidelity, soliciting prostitutes, and transferring their common property.

 

Wang Leehom did not speak up at the first time, but was responded to by his father Wang. Later, public opinion surged, and Wang Leehom had to speak up and apologize. At this point, the celebrity car overturning incident finally came to an end.

 

The truth about the celebrity couple's marital altercation is only clear to the parties involved, and it is difficult for us to judge. The main purpose of this article is to discuss how ordinary people can protect their rights if they encounter marital infidelity, and let me share my thoughts.

 

1、 Can one spouse have an affair, and the other party allow the cheating party to leave the house clean?

 

During my employment, I often received many inquiries, such as "Lawyer Yang, my husband has cheated, can he be allowed to leave the house clean?" My answer is usually "generally not, unless he voluntarily", and the parties are often angry and difficult to accept. Let's take a look at how the law stipulates.

 

If one party in a marital relationship has an affair or infidelity, it constitutes a violation of the marital loyalty obligation stipulated in the Civil Code and is the fault party. The aggrieved party cannot directly demand that the wrongdoing party vacate the household (unless the derailing party voluntarily), but can claim compensation for divorce damages. Article 1091 of the Civil Code stipulates: "If one of the following circumstances leads to divorce, the innocent party has the right to request compensation for damages: (1) bigamy; (2) cohabitation with others; (3) domestic violence; (4) maltreatment or abandonment of family members; (5) other serious faults

 

At the same time, Article 1087, Paragraph 1 of the Civil Code stipulates: "At the time of divorce, the joint property of the husband and wife shall be handled by both parties through consultation. If consultation fails, the people's court shall make a judgment based on the specific situation of the property and in accordance with the principle of taking care of the rights and interests of the children, women, and the innocent party." This means that when dealing with the joint property of the husband and wife, the court will pay attention to protecting the rights and interests of the innocent party, and the judge can freely take care of the innocent party, Distribute less property to the fault party.

 

Compared to the older Marriage Law, the Civil Code has made a significant progress by adding a cover clause. The old Marriage Law only allowed for compensation for damages in cases of bigamy, cohabitation with a spouse, domestic violence, abuse, and abandonment of family members without fault. The Civil Code has added a cover clause, expanding the scope of compensation for damages that can be claimed by the innocent party in marriage. The flexibility, abstractness, and uncertainty of the extension of this cover clause include all actions that result in divorce due to significant fault to the greatest extent and extent possible, within the scope where the innocent party can claim damages and receive court support. It also provides a legal basis for the court to hear divorce damages cases beyond the four situations of bigamy and domestic violence, The judge can flexibly apply it based on relevant facts when trying divorce cases.

 

2、 Under what circumstances can the derailing party be cleared out of the house?

 

Article 1092 of the Civil Code stipulates: "In the event of divorce, if one party conceals, transfers, sells, or damages the joint property of the husband and wife, or forges debts in an attempt to encroach on the other party's property, when dividing the joint property of the husband and wife, the party who commits the aforementioned acts may divide it less or not

 

If one party, while cheating, also conceals, transfers, sells, damages the joint property of the husband and wife, or forges debts in an attempt to embezzle the other party's property, the other party may claim no or less distribution of the property. The term 'no division' here is also commonly referred to as' clean body leaving the house '.

 

Note that it is only 'possible' to divide less or no points, which means that it can be divided equally or less, depending entirely on the discretion of the judge. From this, it can be seen that there is no legally necessary connection between infidelity and property division. So, in general, if it is not the party at fault who voluntarily clears the house, it is difficult for the innocent party to clear the house through legal means. The innocent party only has the right to request compensation for damages, and the court will take appropriate care of the innocent party when dividing the property.

 

3、 How should one party protect their rights if they cheat during marriage without fault?

 

In a marital relationship, if one party is found to have infidelity, the other party should not panic and should first collect and fix evidence.

 

1. There is no need to spare no effort in obtaining evidence of extramarital affairs, and the main focus should be on the investigation, evidence collection, and preservation of common property.

 

2. The situation and means of obtaining evidence for "catching traitors" must be legal and must not violate the law. Otherwise, it is highly likely that the evidence obtained through hard work will not be accepted by the court, but may lead to "infringement" lawsuits.

 

3. Pay attention to collecting key evidence

 

(1) The key evidence of an extramarital affair is the sudden exposure of an extramarital affair, such as a "guarantee letter", "commitment letter", and "apology letter". When one party is in a hurry, they write down a guarantee letter to express their repentance.

 

(2) Prostitution incidents usually involve police intervention, with police records as evidence. You can apply to the court to obtain evidence from the public security organs.

 

(3) After verifying the extramarital affairs of employees, the unit may sometimes handle their lifestyle issues, and the handling materials of the unit can also serve as documentary evidence.

 

(4) Letters, text messages, emails, and other evidence exchanged between the two parties. In addition to written evidence, it is recommended to first seek evidence preservation notarization from a notary office for text messages, WeChat chats, emails, and other evidence, and then submit it to the court.

 

4、 Does the "loyalty agreement" signed between spouses have legal effect?

 

Often, after one spouse has an affair, in order to retain the other, they will cooperate in signing a loyalty agreement, such as: "One party made a mistake during the marriage and engaged in unethical behavior of betraying the other party (extramarital affairs), voluntarily leaving the house." So, does this "loyalty agreement" signed between spouses have legal effect?

 

The Supreme People's Court clearly stated in the book "Understanding and Application of the Marriage and Family Inheritance Code of the Civil Code of the People's Republic of China" that when a loyalty agreement is signed between spouses, it should be voluntarily performed by the parties in accordance with the principle of good faith. The law does not prohibit the signing of such an agreement between spouses, but it does not give such an agreement compulsory enforcement force. Considering the overall social effect, it is appropriate for the court to not accept disputes over loyalty agreements between spouses. Therefore, the "loyalty agreement" signed between spouses essentially belongs to the emotional and moral categories, and it is good for the parties to voluntarily fulfill it. For example, the party who violates the loyalty agreement is willing to leave the house or compensate a certain amount of money, paying the economic cost for their infidelity behavior. But if one party is unwilling to fulfill, the law should not force them to fulfill the loyalty agreement.

 

In summary, infidelity and divorce are not necessarily related to the division of property. Marriage is not easy, and we should cherish it. I hope that all parties involved in marriage can establish a good family tradition, promote family virtues, attach importance to the construction of family civilization, and not treat marriage as a child's play. In family life, fulfill the faithful obligations between husband and wife, respect and care for each other; Maintain equal, harmonious, and civilized marriage and family relationships.