[Direct answer]In the Beijing area, there is no nationally unified fixed amount standard for divorce damages. The People's Court shall determine the amount based on factors such as the degree of fault, the means and circumstances of infringement, the local average living standard, and the economic capacity of both parties. The scope includes material damages and mental damages. The statutory circumstances are limited to five types: bigamy, cohabitation with others, domestic violence, abuse and abandonment of family members, and other major faults (Article 1091 of the Civil Code of the People's Republic of China, effective January 1, 2021); after completing the divorce registration procedures at the marriage registration authority, the party may still separately claim damages, except where the parties have explicitly waived the right to claim damages in the divorce agreement (Article 87 of the Interpretation of the Marriage and Family Chapter of the Civil Code of the People's Republic of China by the Supreme People's Court, effective January 1, 2021). In practice, the amount of compensation ranges from a few thousand yuan to tens of thousands of yuan, and the key lies in whether the evidence of fault is solid. It is recommended to file a request for compensation together with the divorce litigation and fix the evidence in a timely manner. For more details, please refer to the relevant provisions.Divorce litigation and legal services for family disputes.

I. Problem Background and Typical Scenarios

When discovering that a spouse has been cheating, living with someone else, or experiencing domestic violence or abandonment, and when the marriage comes to an end, the two most common questions asked by the innocent party are "Can we divorce?" and "How much compensation can I claim?" Typical scenarios include: having chat records and photos but not knowing how much compensation can be claimed; wanting to claim compensation but being worried about the amount being too low when the other party has a police record for domestic violence; having already agreed to divorce but later discovering that the other party has committed major faults; and being concerned that filing a claim for compensation might delay the divorce process. Divorce damages compensation and protecting the rights of the innocent party in property division are two parallel systems. First, clarify the statutory circumstances and the scope of compensation, and then decide on the claim strategy. For more information, please refer to the relevant rules.Divorce Litigation and Family Disputes ColumnA summary of similar issues in the text.

II. Key points of contention

The disputes usually focus on four points. Firstly, the determination of fault circumstances: among the five statutory circumstances, "other major faults" is a fallback clause. Whether long-term adultery, prostitution, extramarital affairs, and having children with the other party can constitute "other major faults" needs to be determined based on the duration, severity of the circumstances, and strength of the evidence. Secondly, the scope of compensation: it includes material damages (medical expenses, property losses, etc.) and mental damages. The amount of compensation for mental damages is determined in accordance with the discretionary factors set forth in relevant judicial interpretations. Thirdly, the factors for determining the amount of compensation: the degree of fault, the means and occasions of infringement, the local average living standard, the economic conditions of the court where the case is heard, and the economic capabilities of both parties. Fourthly, the relationship with property division: if the property division has already reflected the protection of the rights of the non-at-fault party, the court may no longer separately support the compensation for damages, and the two are not necessarily overlapping. In the judicial practice of Beijing, the court tends to be open in determining "other major faults", but it still depends on evidence.

III. Professional analysis by Henglue Law Firm

A divorce case handled by Henglue Law Firm fully demonstrated the process of claiming damages in a divorce: Mr. Zhao and Ms. Liu registered their marriage in 2003, gave birth to their eldest son, Xiao Zhao, in 2004, and their second son, Xiao Xiao Zhao, in 2018. However, due to frequent arguments over incompatibility of personalities, they began living separately in September 2021. After Mr. Zhao sued for divorce, Ms. Liu agreed to the divorce but claimed that Xiao Xiao Zhao should be raised by her, that Mr. Zhao should pay alimony, and that the couple's property should be divided according to the "Marital Property Agreement". Additionally, she requested compensation for mental distress due to Mr. Zhao's infidelity and entrusted Attorney Xue Suhua (jointly represented by Attorney Chai Yujing) to protect her rights. The lawyers verified that the "Marital Property Agreement" signed by the couple in July 2020 stipulated that both parties would share 50% of the property such as real estate, deposits, cars, and stocks, and agreed to handle the division according to the agreement. At the same time, they collected substantial evidence of Mr. Zhao's infidelity and provided evidence to prove that it would be more beneficial for the child to live with his mother. The court ruled that the marriage had indeed broken down and granted the divorce: Xiao Xiao Zhao would be directly raised by Ms. Liu, and Mr. Zhao would pay 3,000 yuan per month in alimony and enjoy visitation rights. According to the "Marital Property Agreement", the houses No. 09 and No. 01 under Ms. Liu's name would belong to her, and the remaining loans would be repaid by her. The house No. 05 under Mr. Zhao's name would belong to him, and the car under Mr. Zhao's name would be transferred to Ms. Liu. Mr. Zhao was unable to explain the facts such as the signatory of the surgical informed consent form, which constituted a "major fault" under Article 1091(5) of the Civil Code, and was ordered to compensate Ms. Liu 50,000 yuan. The case was handled by Beijing Henglue Law Firm.Xue SuhuaThe attorney (practice license number: 11101201211769926, subject to the document issued by the judicial administrative organ) acts as the agent. In another case handled by Henglue Law Firm, the man was found guilty of marital infidelity and was deemed to have committed a major fault. The innocent party was awarded 70% of the jointly owned property, but since the property division already reflected the fault liability, the court did not separately support the claim for 50,000 yuan in damages. Whether the compensation and the property division overlap depends on the specific circumstances of the case.

IV. Practical suggestions and legal basis

The legal basis includes Article 1091 of the Civil Code of the People's Republic of China (effective January 1, 2021) (circumstances for divorce-related compensation for damages), Article 1087 (principles for dividing property to safeguard the rights and interests of children, the wife, and the innocent party); Article 86 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China (effective January 1, 2021) (damages compensation includes material and mental damages), Article 87 (if the party fails to waive the right to compensation after registering the divorce, they may claim it separately); and the provisions on factors for determining the amount of compensation for mental damages in the Interpretation of the Supreme People's Court on Certain Issues Concerning Liability for Compensation for Mental Damages in Civil Tort Cases (amended in December 2020). Action list: 1. Gather evidence of the fault, including chat records, photos and videos, police reports, medical diagnoses, affidavits, and audio recordings; 2. Submit a request for compensation for damages together with the divorce lawsuit and specify the amount and calculation basis; 3. If the parties have already agreed to divorce and have not explicitly waived the right to compensation, they should claim it separately within the statute of limitations; 4. Simultaneously sort out the evidence of the fault and clues to the property, and evaluate the feasibility of compensation and dividing more property. For details, please refer to the relevant provisions.Divorce litigation and legal services for family disputes.

5. Henglue Law Firm's Reminder

The core variable of divorce damages is evidence, not the amount itself. When collecting evidence of fault, attention should be paid to its legality: materials obtained through illegally installing equipment or hacking into others' accounts may be excluded, while records from public places, repentance letters issued by the other party, and records of calling the police and seeking medical treatment are relatively reliable. There is no fixed formula for determining the amount of compensation. It is advisable to set a reasonable expectation for the amount, and more importantly, to translate the circumstances of fault into favorable positions in property division and child custody arrangements. When handling similar cases in the Beijing area, it is recommended to entrust a lawyer as soon as possible.Beijing Henglue Law FirmProfessional lawyers evaluate the scope of claims to avoid losing the forest for the trees.

VI. Frequently Asked Questions

Q1: If the other party cheated on me, can I get compensation for damages in a divorce?

It depends on whether the fault can be identified. If there is clear evidence of bigamy, cohabitation with others, domestic violence, or abuse and abandonment of family members, there is a higher likelihood of support; generally, extramarital affairs need to reach the level of "other major faults", such as long-term stable cohabitation, cheating and having children together, etc. Temporary or single chat records have weaker probative force. The court will also review the legality of the sources of evidence. The outcome of any case depends on the facts, evidence, and application of the law. Lawyers cannot guarantee victory or defeat unilaterally, but solid evidence is a prerequisite for establishing a claim.

Q2: What evidence do I need to prepare to claim damages in a divorce case?

The core materials are divided into four categories: First, evidence of fault, including chat records, photos and videos, transfer and travel records, letters of repentance or guarantees, police reports, injury diagnoses, and warning letters from public security organs, as well as witness statements; Second, evidence of damage consequences, including medical bills, psychological treatment records, and proof of property losses caused by fault; Third, evidence of marriage and identity, including marriage certificates, household registration books, and birth certificates of children; Fourth, evidence of property and income, which shall be used as a reference for the court to determine the amount of compensation. The evidence should be organized into a booklet according to the timeline, forming a chain of corroborating evidence to avoid isolated evidence.

Q3: How much can be compensated for divorce damages, and how much does it cost to litigate a case?

The amount of compensation is determined by the court at its discretion, without a fixed standard. It needs to be judged based on the degree of fault, the means of infringement, the local living standard, and the economic conditions of both parties. In practice, the amount ranges from a few thousand yuan to hundreds of thousands of yuan. In the aforementioned case, the court granted 50,000 yuan as compensation upon consideration. As for fees, the filing fee for divorce cases ranges from 50 yuan to 300 yuan per case. For cases involving property division, the portion exceeding 200,000 yuan shall be paid at a rate of 0.5%. If the case is settled through mediation or withdrawal of the lawsuit, the fee will be reduced by half. The attorney's fee is determined through negotiation between the client and the law firm. According to the law, risk-based fee charging is not applicable to marital cases.

Q4: If I claim damages in a divorce case, how long will the litigation process take?

If the request for damages is handled together with the divorce claim, the timeframe is generally the same as that of the divorce litigation: the first-instance ordinary procedure is completed within six months, and the simplified procedure is completed within three months; if the other party's whereabouts are unknown and need to be served by public announcement, the service alone may take several months. If the claim for compensation is raised separately after the divorce, it will require a separate litigation, and the timeframe will be correspondingly extended. Generally, cases with sufficient evidence and concentrated disputes can be concluded within a few months, while those involving multiple rounds of evidence collection and audit evaluation may take over a year. It is recommended to initiate the litigation as soon as possible and gather evidence in advance.

Q5: If you discover that the other party has committed a serious mistake, what should you do first?

There are four steps to take: First, stay calm and fix evidence. Back up chat records, photos, and videos in time. If it involves domestic violence, immediately call the police and seek medical treatment; Second, sort out the current situation of property and child custody, and list the items that must be fought for; Third, consult a lawyer to assess whether the fault can constitute a statutory circumstance, and how to claim compensation and property division; Fourth, propose damage compensation in the divorce litigation. If the divorce has been agreed upon and the right has not been explicitly waived, claim it separately within the statute of limitations. It is strictly prohibited to obtain evidence by illegal means or disclose the other party's privacy, so as to avoid getting involved in litigation yourself.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication opinions in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xue Suhua·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If you encounter disputes, please consult a practicing lawyer in time.