Husband is having an affair and is forced to sign a divorce agreement? Wife angrily sued for millions!

A couple who have been married for more than 20 years have three children . One day, the husband suddenly asked his eldest son to ask his wife to sign a divorce agreement . Only then did he know that the other party had claimed the two children born outside with the third child . The wife was reluctant to get a divorce , and her husband actually changed the locks of the betel nut stall jointly operated by the husband and wife to make her lose her financial resources . She had no choice but to apply to the court for leave and seizure . abuse. The wife couldn't bear it anymore, and took this as evidence to go to the court to request a divorce and ask for 1 million yuan in compensation .

The husband told the judge that he had no contact with the mistress, and that the wife had long known that she was having an affair , and expressed her willingness to forgive the incident. I would hope that the divorce was because the wife, despite the difficulties in operating the betel nut stall, took her children to travel and threatened to smash the store. However, the judge believed that the betel nut stall of the two had a lot of income , and they had a lot of assets and famous cars under their names. Although the husband said that he had already cut off contact with the mistress, the FB post still showed that the two interacted . Judge the wife in favor of the lawsuit and get 1 million in damages .

I feel that the husband and wife have deep grievances, but this is not incomprehensible . Affair is the biggest damage to marriage . No one would want a divorce if they could. But now that we have met , we have to face the reality and end the marriage .

Can a wife object to her husband claiming an affair child?

Article 1065 of the Civil Code (Claiming of children born out of wedlock)

1. Children born out of wedlock who have been claimed by their biological father are regarded as children born in wedlock. Those who have been raised by their biological fathers are considered to be claimed.
2. The relationship between a child born out of wedlock and its biological mother is regarded as a child born in wedlock and does not need to be claimed.

* Claim : The biological father recognizes the illegitimate child as his biological child .

* Facilitation : The act of raising a child, including child support paid in advance before the child is born.

In simple terms, legal "children born in wedlock " refers to children born to a couple after marriage . In principle, the biological parents of the child are the married couple ( special circumstances are not discussed here). However, if the child is born before the parents get married , or if the child's parents have no plans to get married at all, as long as the biological father claims the child, the child should also be regarded as the father 's " wedlock child ".

Although Zhenggong's wife is very pitiful, the child who was born due to an affair is also innocent . Even if the biological father does not claim the child , the biological mother of the child has the right to request the biological father to claim it. To put it simply, the master of the palace is only an outsider in the entire relationship , and has no right to interfere .

The difference between signing a divorce agreement and filing for divorce

Article 1056 of the Civil Code (Compensation for Damages in Judgment of Divorce)

1. One of the husband and wife who suffers damage due to the judgment of divorce may seek compensation from the other party at fault.
2. In the case of the preceding paragraph, although the damage is not a property damage, the victim may also request compensation of an equivalent amount. But only if the victim is not at fault.
3. The claim in the preceding paragraph shall not be assigned or inherited. However, this does not apply to those who have made a contractual commitment or have sued.

Although signing a divorce agreement is a quick and convenient way to divorce , if it is due to factors such as an affair or domestic violence , it is recommended to take a court decision to end the marriage . Although the two-wish divorce (divorce by agreement ) can also get the property that should be obtained, if the marriage is ended by a judgment , there will be an additional " divorce compensation ". This is limited to the jurisdiction of the judge for divorce , and the signature of the divorce cannot be obtained.

Why can an affair infringe on the spouse's right to be compensated to 1 million yuan?

You can get 1 million compensation for having an affair , which is believed to be the envy of many victims . In fact, the reason why the sentence is so high is that apart from the fact that the husband is rich enough, his behavior is also abominable . It is no longer possible to sue for the crime of spousal affair and adultery, and the only way to go is to sue for infringing the rights of a spouse . Although it is easier to sue and provide evidence in civil law than in criminal law , if the evidence is not strong enough, the compensation will only make the other party feel painless.

In this case , the husband not only had an affair , but also proved that he had committed adultery . He also abused his wife and even blocked the source of money, which is quite abhorrent. In addition, the judge saw that the husband drove a famous car and believed that he had no major financial problems , so he ordered the husband to pay 1 million compensation to his wife.