The no fault party as the plaintiff to people court to lodge a claim for damages in divorce proceedings, must put forward at the same time; the no fault party as the defendant's divorce proceedings, if the accused does not agree to divorce don't filed a request for damages, can be in within one year after the divorce to separate proceedings; no fault party as the defendant's divorce proceedings when the first trial case, the defendant did not request for damages, the people's Court of second instance, shall conduct conciliation, mediation is not, inform the parties in within one year after the divorce be prosecuted. 　

The divorce damage compensation request right for the exclusive right of human body, especially the power of exclusive right, power or not, before the decision, it shall not be transferred or succeeded, but the exercise, and the creditor's rights as.

"Marriage law"

Article forty-sixth Any of the following circumstances, lead to divorce, the innocent party shall be entitled to claim damages:
(A)Bigamy;
(Two)A person who has a spouse living together with others;
(Three)The implementation of the family violence;
(Four)Abuse, abandonment of family members.

"Marriage law judicial interpretation"

Twenty-eighth forty-sixth of the marriage law stipulates "compensation", including physical and mental damage compensation. Relates to mental damage compensation, the relevant provisions of the Supreme People's court "is about the problems of defining the civil right infringement spirit damage compensate responsibility of interpretation".
   Article twenty-ninth The subject of liability forty-sixth marriage law stipulates the damages, no fault divorce litigants in spouse.
   The people's court not divorce case, for the parties to the marriage law of the forty-sixth article of the damage based on the request for compensation, not support.
   During the marriage, the parties do not sue divorce separately according to the provisions for damages claim, the people's court shall not accept the.
    The thirtieth people's court accepts the divorce cases, should the provisions of the marriage law of forty-sixth, the relevant rights and obligations, inform the parties in writing. In the application of the forty-sixth marriage, we should distinguish the different situation:
  (a) conforms to the innocent party forty-sixth marriage law stipulates the rules based on the plaintiff to the people's court for damages in divorce proceedings, must put forward at the same time.
  (two) conforms to the innocent party forty-sixth marriage law provisions as the defendant's divorce proceedings, if the accused does not agree to divorce is not based on the provisions of the filed a request for damages, can be in within one year after the divorce will bring a separate lawsuit.
  (three) the no fault party as the defendant's divorce proceedings, the defendant is not based on the trial of forty-sixth of the marriage law stipulates the request for damages, the people's Court of second instance, shall conduct conciliation, mediation is not successful, inform the parties in within one year after the divorce be prosecuted.
   

"The judicial interpretation of the marriage law of two"

Article twenty-seventh The parties in the marriage registration office for divorce registration formalities, to the people's court to the request for damages to forty-sixth of the marriage law stipulates that, the people's court shall accept. But the parties in the divorce agreement has been explicitly waives the request, or put in the divorce registration after a year, does not support. (applied to the divorce agreement)

2One common property infringement causes losses to the other party

"Marriage law"

Article forty-seventh At the time of divorce, one party is hidden, transfer, sale, destroys the couple's joint property, or forges debts in an attempt to seize the property of the other party, the division of common property, to hide, transfer, sale, destroys the couple's joint property or fabricates the debt side, can be less or none. After divorce, the other party found that the above-mentioned acts, may file a lawsuit to the people's court, requesting another division of the couple's joint property.
The people's court for the provisions of the preceding paragraph obstruction of civil actions, in accordance with the civil procedure law.

"The judicial interpretation of the marriage law of two"

Article thirty-first the parties according to the provisions of the marriage law article forty-seventh to the people's court proceedings, litigation request another division of the couple's joint property for two years, the party finds the calculated from.

  3. Not to enforce a judgment, ruling the case

"Marriage law"

Article forty-eighth Refuses to carry alimony, maintenance, alimony, division of property, inheritance, visiting the children judgment or ruling, the people's court according to law enforcement. The individuals and units concerned shall assist in the implementation of the responsibility.
    Article forty-ninth Other laws against illegal acts and legal liability in regard to marriage and family provides otherwise, such provisions.

"Marriage law judicial interpretation"