The no fault party can get high compensation

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[case]

The plaintiff, the defendant Wu Ge a introduced acquaintance, to1994Years of marriage registration,1996A woman named Wu Moumou fertility. In recent years,Both sides have contradictions chores.In the contradictory, the plaintiff home less living outside of marriage, and inappropriate dealings, daughter of Wu Moumou with the life. The plaintiff has three times to the breakdown of marriage on the grounds to the court, and the defendant divorce. The court during the trial, found in a garden of Suzhou CityXBuildingXXChamber house belonging to the joint property of husband and wife, the original, the defendant agreed by the housing units per square meter value8500Yuan, the total value of housing attached garage1276000Element. In view of the fact that the plaintiff Wu fault behavior, the court judgment on the plaintiff and the defendant Wu Ge a divorce; born in female Wu Moumou by the defendant the plaintiff bear raising, monthly alimony; the joint property of husband and wife is located in a garden of Suzhou CityXBuildingXXXHousing and garage room belong to the defendant, the defendant to pay the plaintiff housing discount600000Element.

[] judge analysis

The Supreme People's court established in "some concrete suggestions" about people's court hears a case of divorce property division in the treatmentThe principle of protecting the innocent party, a faultThe legal situation, as explained in the views of interpretation: "the so-called fault, refers to third or bigamy behavior; for girls and manufacturing contradictions lead to the breakdown of marriage behavior; a maltreatment, abuse or abandonment of the behavior of the spouse; gambling, drug abuse, no family obligations." During the trial of the present case, the plaintiff admitted in court an improper relationship with the opposite sex outside of marriage, but denied its long-term living together, so the judge in the division of the couple's joint property, the total value of1276000Yuan housing, taking into account the fault behavior, the housing to the no fault party defendant, and discretionary the defendant only compensate the plaintiff discount600000Element.

Many parties tend to act on impulse in handling things in the face of divorce proceedings, in order to "fight for breath" and spend a lot of energy and financial resources to investigate and collect evidence, but ultimately did not get the results you want. The reason is that: in addition to the marriage law46Besides the provisions of bigamy, cohabitation, domestic violence and abuse abandoned several situations,The court usually does not support one party compensation request, only on the basis of caring for the no fault party and take care of the woman's principle, the division of the couple's joint property, consider the appropriate points and the no fault party, and the inclination of the proportion is not too large. So the no fault party generally will not get the high compensation.

In addition, in the collection of the other party is at fault when the evidence, should pay attention to methods, ways and methods. According to the provisions of the civil procedure law, infringes upon the lawful rights and interests of others made evidence cannot be used in court evidence.