How to deal with the law of infidelity in marriage in the new marriage law in 2023

20211China promulgated the Civil Code, and the original marriage law was abolished. However, the Civil Code has no special provisions on the treatment of infidelity, but only stipulates that husband and wife have the obligation to be faithful to each other. If the party who lives with others or bigamy is a marriage fault, it shall bear the liability for compensation for the fault. Spouses who live with others may file for divorce; If the court mediation fails, he can make a divorce judgment; If one party requests compensation, the amount of compensation shall be determined according to the income.

First, how to deal with marital infidelity in the new marriage law

The new marriage law has been abolished, and the civil code has no special provisions on the treatment of infidelity, but it does stipulate that husband and wife have the obligation to be faithful to each other. If they live with others or remarry, they should bear the liability for compensation for their faults. If a spouse cohabits with another person, the other party may file for divorce, and if mediation by the people's court fails, a divorce may be decided; At the same time, the innocent party can request compensation for mental damage, and the amount of compensation is determined according to the degree of injury and the income of the innocent party.

Second, how to calculate the evidence of marital infidelity?

1, save electronic evidence

Text messages, emails, qq chats and WeChat chats between one spouse and the cheating partner can be used to collect such evidence (The Infiltrator Software). After getting the mobile phone, you can entrust the public security department to handle such evidence in a fixed way. If the conditions don't allow, you can find a way to save it yourself. Mobile phone messages can be taken with your mobile phone with a digital camera, and computer and network data can be intercepted and saved in full screen.

2. Save written evidence

(1) Written materials in the form of "confession", "confession", "guarantee" and "agreement" written by one of the spouses at the early stage of the sudden exposure of the extramarital affair because of their emotional urgency or remorse;

(2) Records of police intervention in cases of whoring and illegal cohabitation by one party to the marriage;

(3) The decision documents and materials that can be obtained by the employer when it discovers the whoring incident and extramarital affairs of one party to the marriage;

(4) Written materials about extramarital affairs or illegal cohabitation written by insiders or witnesses.

3. Collect audio-visual evidence

(1) The recorded information about extramarital affairs negotiations is mainly collected by the parties themselves;

(2) Entrust a third-party investigation company and private detective to collect videos and photos of the cheating party and the third party's pairing, hugging or entering and leaving the room in public places, which is safer and more reliable and has independent evidence effect.

4. Collect on-site evidence

It is more telling to collect the on-the-spot evidence of catching him in bed, preferably shooting a video. This kind of evidence is difficult to collect, and it is also easy to cause fierce real conflicts; It should be noted that there is great controversy in the judicial field about the collection method of such evidence; It is risky and precedent for the defendant to go to court for allegedly infringing on the personal privacy of a third party. Therefore, to collect this kind of evidence, you can consult a professional lawyer before collecting it, because the lawyer will use his professional knowledge and experience in handling cases to tell you how to do it legally and effectively.

Third, matters needing attention in collecting evidence of marital infidelity

There are still legal and illegal points in the collection of evidence of extramarital affairs: according to Article 68 of Several Provisions on Evidence in Civil Procedure, evidence obtained by infringing on the legitimate rights and interests of others or violating the prohibitive provisions of the law cannot be used as the basis for determining the facts of the case.

Therefore, whether obtaining evidence is legal depends on whether it infringes on the legitimate rights and interests of others and violates the prohibitive provisions of the law. For example, it is an infringement to invade a third person's residence to record and take pictures. But if you collect evidence in your own home, there is no such problem. If the recording equipment is placed in your own home, it does not constitute infringement. However, if it is placed in a third family, it does not have legitimacy. There are also photos of two people making out in the third living room obtained by illegal means, which are illegal, but they are legal if they are obtained in public.

Therefore, from the full text, we can know that the new marriage law has been abolished, and the newly promulgated civil code has no clear provisions on the handling of marital infidelity, but only stipulates the liability for fault compensation. If a spouse lives with another person, the other party may file for divorce.

The above are the relevant provisions of Chinese laws on derailment. In judicial practice, because divorce belongs to citizens' personal freedom, they can sue according to their own wishes. However, if both parties reach an agreement on matters related to divorce, it can also be handled through consultation between the two parties.

Legal basis: the relevant provisions of the Civil Code on divorce.

Article 1076 If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.

The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.

Article 1077 If either party is unwilling to divorce within 30 days after the marriage registration office receives the application for divorce registration, it may withdraw the application for divorce registration from the marriage registration office.

Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.

Article 1078 If the marriage registration authority finds that both parties are really divorced voluntarily and reach an agreement on matters such as child support, property and debt handling, it shall register and issue a divorce certificate.

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.

When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.

In any of the following circumstances, if mediation fails, divorce shall be granted:

(a) bigamy or cohabitation with others;

(2) committing domestic violence or abusing or abandoning family members;

(three) gambling, drug abuse and other bad habits;

(four) separated for two years due to emotional discord;

(5) Other circumstances that lead to the breakdown of the marriage relationship.

If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.

After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.