Divorce damages refer to the civil liability of the party at fault for the loss suffered by the innocent party at the time of divorce due to the breakdown of marriage and family relations caused by the fault of one of the spouses.
Netizen consultation:
Is there a statute of limitations for divorce damages claims?
Lawyer answers:
Divorce damages are the rights granted by the law to the innocent party to the marriage to compensate for the damage of the injured spouse by giving a solatium that has the dual role of economic compensation and spiritual comfort. The statute of limitations for filing a lawsuit with the court without fault for damages for divorce is 3 years, calculated from the date on which the party knew or should have known that the former spouse had committed gross wrongdoing.
Where the innocent party initiates a divorce lawsuit as the plaintiff, it must file a claim for damages at the same time as the divorce proceedings, and in cases where the court decides that the divorce is not allowed, the court will not support the claim for damages. Where the parties file a separate claim for damages without suing for divorce during the existence of the marital relationship, the court will not support it.
Lawyer adds:
In any of the following circumstances, the innocent party has the right to claim damages if the divorce is caused:
a) Bigamy;2) Cohabitation with another person;
3) Committing domestic violence;
4) Ill-treatment or abandonment of family members;
5) There are other major faults.
If the innocent party does not agree to the divorce and does not file a claim for damages based on the five circumstances prescribed by law, but the at-fault party's behavior meets the five circumstances and causes the relationship between the parties to break down and eventually the divorce is granted by the court, then the innocent party can file a separate lawsuit for divorce damages.
Legal basis] Civil Code of the People's Republic of China
Article 188:The statute of limitations for requests to the people's courts for the protection of civil rights is three years. Where the law provides otherwise, follow those provisions.
The limitation period is calculated from the date on which the right holder knows or should know that the right has been damaged and the obligor. Where the law provides otherwise, follow those provisions. However, if more than 20 years have elapsed since the date on which the rights were infringed, the people's courts will not grant protection, and where there are special circumstances, the people's courts may decide to extend the rights holder on the basis of the right holder's application.
Article 1091:In any of the following circumstances, where a divorce is caused, the party who is not at fault has the right to claim damages:
a) Bigamy;2) Cohabitation with another person;
3) Committing domestic violence;
4) Ill-treatment or abandonment of family members;
5) There are other major faults.
Brief introduction of lawyer Fang Weizheng
Professional and responsible.