How to calculate the amount of civil compensation for an affair? The compensation for having an affair is higher!

Infringement of spousal rights is the basis for the spouses to sue two people who have had an affair or extramarital affairs. Infringement of spousal rights is not limited to sexual behavior. As long as the spouse engages in intimacy with others, it is enough to destroy the emotional life between husband and wife. The third party and the dishonest spouse shall be jointly and severally liable for damages . The spouse can choose to sue both or only one of them.

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How to calculate the compensation for infringement of spousal rights?

Compensation for infringement of spousal rights is commonly known as spiritual consolation money , and some people call it spiritual compensation . Because the damage suffered is very abstract, there is no certain answer to the amount. The court will consider the severity of the case and the economic capacity of both parties. Generally speaking, if there is an affair that cannot be proved sexual, such as ambiguous conversations, intimate photos, traveling alone, admitting to dating, etc., the amount of compensation awarded is usually hundreds of thousands, and it is unlikely to exceed 500,000. However, if there is evidence to prove that the two parties have had sexual acts, such as direct evidence such as admitting to having a relationship, catching the adulterer in bed, or staying overnight alone, entering a motel, etc., plus other evidence to prove it, the court will accept the adultery. In fact, the amount of compensation awarded usually starts from 500,000, and the behavior is bad, there is no remorse, or the damage is relatively large, and there are even more than one million cases of having an affair.

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What evidence can be presented for a violation of spousal rights?

We will first divide the evidence of infringement of spousal rights into two directions. One is to prove the other party’s affair. The evidence is as mentioned above, which may be conversation records, punch cards, mobile phone photos, invoice vehicles for motels, and driving records. Recordings and pictures of the device, etc., but pay attention to the legality of the evidence collection process, otherwise there may be criminal liability issues. The other is to prove the degree of damage that you have suffered, mainly to strengthen the amount of compensation, such as the diagnosis certificate of the psychiatry department (there must be a causal relationship), gossip among colleagues, and if it is a public figure, it may have a more serious reputation damage, etc. In addition, knowing how to present evidence is also very important. It is recommended that the evidence be as sufficient as possible. Otherwise, if the evidence is insufficient in the oral debate stage, the other party will have the opportunity to reduce the big issue to the small and the trivial to the non-existent.

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Under what circumstances will there be a deductible for infringement of spousal rights?

There are three main situations: "Exceeding the statute of limitations for filing a lawsuit" must be filed within two years after knowing the affair , or within ten years after the incident occurred, otherwise it will be invalid and unable to file a lawsuit; Of course, if this matter is allowed, there is of course not a problem of infringement (but it is necessary to find out what the spouse condones), and if a formal reconciliation is made afterwards, it will be very difficult to suddenly go back and file a lawsuit, and "the third party does not know." If the other party becomes a third party under the circumstance of being deceived, in principle, there is no liability for compensation , but the party concerned can still sue the spouse of the affair .

However, the most common case of "deductible" for infringement of spousal rights is " insufficient evidence ". For example, there is evidence to prove that they are traveling alone, but they may also deliberately arrange to visit customers together (by the way), so it is difficult to prove Are they traveling alone or on business. Therefore, each case is an independent event. It is recommended that you can evaluate whether the evidence is sufficient to establish a violation of spousal rights and protect your dignity in marriage through free legal consultation .

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