Source: Rule of Law Daily
The relationship between husband and wife has a problem. The Civil Affairs Bureau has applied for a divorce registration. During the calm divorce, one party couldn't wait to go out with others. Is this "derailment"?Recently, the People's Court of the Dazu District of Chongqing has concluded such a divorce dispute.In the end, the court believed that the derailment occurred during the departure period of divorce, and the two sides were still the relationship between husband and wife stipulated in the law.
Li Mou and Yi (female) met in 2010. In 2016, they were registered for marriage.After marriage, the two sides contradicted the economic problems and the child support of the children, and became more and more serious.Finally, in December 2022, the two parties went to the Civil Affairs Bureau of the Dazu District to apply for a divorce registration application.
After applying for the application, the two parties began to live in separation.During the departure period of divorce, Li inadvertently found a video of Yi Mou's intimate video with the extramarital opposite sex by the tablet that gave his son.Due to this video, the two sides argued again: Li thought that Yi Mou's behavior was derailed in marriage and asked Yi to compensate 100,000 yuan; Yi Mou believed that the relationship between the two had already ruptured and had submitted a divorce application.There is no mental damage or compensation should not be compensated.
As a result, the two parties were unable to negotiate due to compensation. After the desertation of the divorce period expired, they did not go to the Civil Affairs Bureau to apply for a divorce certificate.Gold 100,000 yuan.
The court tried that because Li and Yi agreed to divorce, they were allowed.However, during the calmness of the divorce, Yi Mou did be intimate with the opposite sex of the extramarital marriage, violating the loyal obligations of the husband and wife, and had major faults. He should compensate the mental damage caused by Li, and determined the compensation of 6,000 yuan as appropriate.After the verdict was pronounced, neither side appealed, and the judgment had taken effect.
The undertaking judge stated that Article 1077 of the Civil Code stipulates: "Within 30 days from the date of receiving the divorce registration application from the marriage registration authority, any party is unwilling to divorce or can withdraw from the marriage registration authority to withdraw a divorceApplication for registration. Within 30 days after the stipulated period of the previous paragraph, the two parties shall personally apply for a divorce certificate from the marriage registration authority; if the application is not applied, it shall be deemed to withdraw the divorce registration application. "
Therefore, it does not mean that the two parties have been divorced in the legal sense in the Civil Affairs Bureau to apply for a divorce registration application. Only by obtaining a divorce certificate can a formal divorce.The divorce cooling period mechanism is to let the parties put on the divorce dispute over a period of time, calmly think about marriage and family issues, and consider it to decide whether to divorce.Therefore, during the calmness of the divorce, the two parties still have a legal relationship in the legal sense. They should be loyal to each other. If one party shall live with the opposite sex with the extramarital opposite sex or cause cross -track behavior, there is no wrong party to request damage compensation.
