[Case Summary]This case is a divorce dispute. Mr. Zhao and Ms. Liu's marriage broke down. Ms. Liu claimed to raise their biological child, Xiao Xiao Zhao, divide the jointly owned property, and requested compensation for mental damage due to the man's infidelity. She entrusted Beijing Henglu Law Firm to handle the case for herXue SuhuaThe lawyer (represented by Attorney Chai Yueqing) defended the client's rights and interests. The court granted the divorce, and Ms. Liu will raise Xiao Zhao. Mr. Zhao will pay 3,000 yuan per month in alimony, compensate Ms. Liu with 50,000 yuan, and divide the property and vehicles in accordance with the "Marital Property Agreement". Legal provisions applied: Article 1091 of the Civil Code (Damages for Divorce), Article 1084 (Principle of Child Rearing), and Article 1076 (Property Agreement).

I. Review of the Case

Divorced women often search for terms like "Can I demand compensation if the husband cheated on me?", "How to fight for custody rights?", and "Is the marital property agreement valid?" Mr. Zhao and Ms. Liu registered their marriage in 2003 and had a son, Xiao Zhao, in 2004, and a daughter, Xiao Xiao Zhao, in 2018. However, due to constant arguments over personality differences, they separated in September 2021. The husband sued for divorce, and Ms. Liu agreed to the divorce but insisted that the children should stay with her, that the husband should pay child support, and that the property should be divided according to law. She also requested compensation for mental distress due to the husband's infidelity.

Ms. Liu entrustedXue SuhuaAttorney (acting jointly with Attorney Chai Yueqing). The attorney ascertained that the parties signed a "Marital Property Agreement" in July 2020, stipulating the division of real estate, deposits, cars, stocks, etc. with each party owning 50% of the newly acquired joint property. The parties agreed to divide the property in accordance with the agreement. The attorney collected substantial evidence of the man's infidelity and provided evidence to demonstrate that it would be more beneficial for the child to live with Ms. Liu.

II. The focus of the case

  • Focus 1: The custody of children born in marriage.It depends on which side it's more beneficial for the children to live with for their growth.
  • Focus II: Whether the man's infidelity constitutes compensation and how the property should be divided.The effectiveness of the "Marital Property Agreement" and damages compensation.

III. The professional intervention of Hengluo Law Firm

The plaintiff (Ms. Liu) alleges that:I agree to the divorce, but the child will be raised by me and the man will pay child support; the man should pay compensation for mental damage if he cheated on me; and the joint property will be divided according to the "Marital Property Agreement".

The defendant (Mr. Zhao) argued that:I agree to the divorce, but I have objections to the custody and compensation issues.

Hengluo Lawyer's Representation Opinion:Xue SuhuaThe lawyer provided evidence that the child is currently living with Ms. Liu and that changing the environment would be detrimental to the child's growth; he pointed out that the "Marital Property Agreement" is a true expression of the parties' intentions and is binding on both parties, and should be implemented. The man failed to provide a coherent explanation for the evidence of the woman's infidelity, which constitutes a "major fault" as defined in Article 1091(5) of the Civil Code, and should compensate the woman. According to the principle of acting in the best interests of minor children, Xiao Zhao should be directly raised by Ms. Liu.

IV. Outcome of the case

The court ruled that the marriage had indeed broken down and granted the divorce. Xiao Xiao Zhao will be directly raised by Ms. Liu, and Mr. Zhao will pay 3,000 yuan per month and enjoy visitation rights. The marital property agreement signed by the parties is valid, and the assets will be divided according to the agreement: Room No. 09 and No. 01 under Ms. Liu's name will belong to Ms. Liu, and the remaining loans will be repaid by her; Room No. 05 under Mr. Zhao's name will belong to Mr. Zhao; and the car under Mr. Zhao's name and the minibus under Ms. Liu's name will belong to Ms. Liu. Mr. Zhao was unable to explain the signature of the power of attorney on the informed consent form for Xu's surgery, so he was ordered to compensate Ms. Liu 50,000 yuan according to Article 1091, Paragraph 5 of the Civil Code.

5. Hengluo Law Firm's Reminder

This case is handled by Beijing Henglu Law FirmXue SuhuaThe attorney (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent. A marital property agreement can protect the interests of both parties, and it is recommended to have it drafted by a professional lawyer. If the husband cheats on his wife or commits other "major faults", the wife can request divorce damages. To secure custody of the children, evidence should be provided to demonstrate a stable living environment for the children, and if necessary, a professional lawyer should be engaged to assist with the case.

VI. Common Questions about Divorce Disputes FAQ

  1. Q: Can the woman demand compensation if the man cheats on her?
    A:Yes, in the case of bigamy, cohabitation, domestic violence, abuse, and other major faults, the innocent party has the right to request damages.
  2. Q: How to fight for custody rights?
    A:According to the principle of acting in the best interests of minor children, it is more beneficial for the children to prove that they live with the parent who can provide a more stable and favorable living environment.
  3. Q: Is the marital property agreement valid?
    A:It is a true expression of intention that is binding on both parties, and it should be performed in accordance with the agreement.
  4. Q: How much is the compensation for mental damage?
    A:It shall be determined by the court at its discretion based on the degree of fault, financial capacity, and other factors.
  5. Q: Is it necessary for both parties to agree to a divorce?
    A:Not necessarily. If the relationship has indeed broken down and mediation has failed, the court can grant a divorce.