The manifestation of mistresses is mainly to provide housing and living expenses. The word "mistress" does not appear in the Marriage Law. "Mistress" is not a legal concept. The situation is very complicated. In some cases it constitutes bigamy, and in other cases it is just illegal cohabitation .

[Spouse living with others]

"A person with a spouse living together with others" refers to a person with a spouse living with the opposite sex outside of marriage, not in the name of husband and wife, living together continuously and stably.

The law only prohibits cohabitation when it violates the legally protected marriage relationship. Therefore, "illegal cohabitation" cannot be said in general. While the husband raises a lover outside, "contracting mistresses" usually belongs to those who have a spouse and live with others.

[domestic violence]

"Domestic violence" refers to physical and mental violations committed by family members in the form of beating, binding, mutilation, restriction of personal freedom, frequent abuse, and intimidation.

The objects of infringement include tangible physical violence and invisible mental violence. Subjectively, the perpetrator has obvious intentionality and purpose, and generally negligent behavior does not constitute domestic violence. Objectively, it can be positive behavior, such as beating, injury, binding, confinement and other violent acts, or intimidation, threat, and persecution with violence; cure, etc. At the same time, the violent behavior has reached a certain level and caused certain harmful consequences. This is an important difference between domestic violence and daily quarrels, fights, or family disputes that cause certain consequences.

In practice, how do you generally deal with claims for property through marriage?

The characteristics of asking for property through marriage are as follows:

(1) The subject of claiming property is generally one of the parties to the marriage, and most of the manifestations are that the woman asks for property from the man, and sometimes the parents of one party to the marriage and other third parties claim property.

(2) In terms of the right to decide on marriage, both men and women basically voluntarily voluntarily marry, reflecting their personal will, but asking for property is a prerequisite for agreeing to marry.

For the perpetrators who ask for property through marriage, they are generally criticized and educated; for property disputes arising from the claim for property through marriage, the party who asks for property should generally be ordered to return it.

Is asking for a "betrothal gift" prohibited by the Marriage Law?

The custom of "beauty gift", if the "beauty gift" is offered by the man to the woman, it is a voluntary act and does not violate the provisions of the Marriage Law.

However, if the woman's parents (or other relatives) make the payment of a "betrothal gift" a condition of marriage, or even threaten it, then it is an act of "extorting property through marriage" prohibited by the Marriage Law.

According to Article 10 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China (II):

1. If the two parties have not gone through the marriage registration procedures, since the marriage does not meet the formal requirements for the establishment of marriage stipulated by the law, the "betrothal gift" should be returned;

2. If the two parties have registered their marriage, the bride price will only be returned if they do not live together or the man's life is difficult due to the "betrothal gift".

In addition, courts generally do not uphold requests for the return of bride price.

In practice, what issues should be paid attention to in the application of law when one of the husband and wife is living together with another person resulting in divorce?

One of the husband and wife lives together with another person, which is the reason for the other party to file a divorce lawsuit. If the mediation fails, the divorce shall be granted.
Adultery and extramarital affairs are behaviors that violate the morality of marriage and should be regulated by the code of ethics. Cohabitation with others is an illegal act prohibited by the Marriage Law, and the perpetrator must bear the corresponding legal responsibility.

Where a spouse lives with another person and causes a divorce, the party without fault has the right to claim compensation for damages in the divorce proceedings.

What are the medical diseases that should not be married?

According to the provisions of my country's Maternal and Infant Health Law, medically considered diseases that should not be married mainly include:

(1) Severe genetic diseases. It refers to a genetic disease that is congenitally formed due to genetic factors, and the patient loses all or part of his ability to live independently, and the risk of recurrence in offspring is high, and it is considered unsuitable for childbearing in medicine. If a person is diagnosed with a serious hereditary disease that is medically considered unsuitable for childbearing, the doctor shall explain the situation to both the man and the woman and provide medical advice; with the consent of both men and women, those who are infertile after taking long-acting contraceptive measures or performing ligation operations may marry. Exceptions are those prohibited by the Marriage Law.

(2) Designated infectious diseases. Refers to AIDS, gonorrhea, syphilis, leprosy and other infectious diseases that are medically considered to affect marriage and childbearing as stipulated in the Law on the Prevention and Control of Infectious Diseases.

(3) Regarding mental illness. Refers to schizophrenia, manic-depressive psychosis, and other severe mental illnesses. After a pre-marital medical examination, a doctor shall give medical advice to those who are suffering from designated infectious diseases within the contagious period or related mental illnesses within the onset period; both men and women planning to marry shall postpone their marriage.

invalid marriage

[Scope of joint property of husband and wife]

The scope of joint property of husband and wife under the system of joint income after marriage includes labor income and other legal income and property of both husband and wife after marriage.
All income that belongs to the duration of the marriage relationship, no matter what form it takes, and regardless of the amount of contribution of both parties, even if one party has no income at all due to housework or other reasons, should belong to the joint property of the husband and wife , and the husband and wife enjoy equal rights.
The period of love or engagement before marriage cannot be counted as the duration of the marriage relationship, but the period of separation of the husband and wife after marriage or the period of divorce proceedings should be regarded as the duration of the marriage relationship

［Personal property of husband and wife］

The personal property of husband and wife mainly consists of two parts:

Part of the content listed in this article

The other part is the property owned by the husband and wife individually according to the agreement between the husband and wife.

［Personal loan of one spouse before marriage to purchase real estate］

One of the spouses signs a real estate sales contract before marriage, pays the down payment with personal property and borrows from the bank, and repays the loan with the joint property of the husband and wife after marriage . If an agreement cannot be reached in accordance with the provisions of the preceding paragraph, the people's court may rule that the real estate belongs to the party with the registration of property rights, and the outstanding loan is the personal debt of the party with registration of property rights.

For the joint repayment of the loan after marriage and the corresponding property value-added part, the party who registered the property rights shall compensate the other party in accordance with the principle stipulated in paragraph 1 of Article 39 of the Marriage Law when divorced .

After a couple divorces, if one party changes the child's surname without the consent of the other party, and the other party refuses to pay child support for this reason, what should be done?

In practice, after some couples divorce, if the parent who directly raises the child changes the child’s surname to his own or that of the stepfather’s (mother’s) without the consent of the other party, the other party refuses to pay child support on this ground, and Request to restore the child's surname, which caused disputes. For such cases, the following principles should be followed:

(1) After divorce, the party who does not directly raise the child is its legal obligation to pay the child support fee, and it is not allowed to refuse to pay the child support fee because the daughter has changed her surname . The payment of child support and the determination or change of the child's name are two different legal issues. The former is the legal obligation of the parents, while the latter is the content of parental rights. The determination or change of the child's name is not a prerequisite for the payment of child support. Therefore, the party who does not directly support the child cannot refuse to pay child support due to the change of the daughter's surname.

(2) If the father or mother changes the surname of the child to the surname of the stepmother or stepfather without authorization and causes disputes, the order shall be ordered to restore the original surname . The name of a minor child is determined by both parents through mutual consultation. After the parents divorce, the party who directly raises the child changes the child's surname to his own surname or to that of the stepfather (mother) without the consent of the other party, which constitutes a violation of the indirect Infringement of the parental rights of the parent raising the child shall be ordered to restore the original status, that is, to restore the child's original surname.

[Joint debt of husband and wife]

Joint debts of husband and wife refer to the debts borne by both parties or one party for the needs of living together , including debts for fulfilling support obligations; debts borne by one or both spouses for treatment of diseases; Debts incurred for expenses, etc.

[Personal debt of husband and wife]

Personal debts of husband and wife refer to the debts that one spouse bears alone for personal needs and has nothing to do with the joint life of the two parties. Generally include:

Debts incurred by men and women before their respective marriages;

Debts agreed by both parties to be borne by individuals;

One party funds the debts of relatives and friends who have no support obligations without the other party's consent;

One party independently raises funds to engage in business activities without the consent of the other party, and its income is indeed not used for the debts incurred by the common life.

[Payment of Marital Debts]

In principle, joint debts of husband and wife are repaid with joint property, and personal debts are repaid by themselves in principle . It is worth noting that:

1. In general, the personal debts before marriage are repaid by the parties with their personal property, but if the creditor has evidence to prove that the debts are used for the joint life of the family after marriage, the spouse shall bear the responsibility for repaying the debts.

2. During the continuation of the marriage relationship, the debts borne by one of the husband and wife in his own name are joint debts of the husband and wife.

However, if one of the husband and wife can prove that the creditor and the debtor have clearly agreed that it is a personal debt, or can prove that the husband and wife have agreed to own the property acquired during the marriage relationship, the third party is aware of the agreement Yes, these two cases belong to the personal debt of husband and wife.

[Can I claim youth loss fee after a relationship breaks up? ]

There is no so-called youth loss fee in the Marriage Law of our country, and the law only protects normal marital relationships. For acts that constitute civil torts, such as causing damage to the counterparty's reputation, etc., compensation for mental damage can be used to file a claim. As for not constituting a civil infringement, a party filing a lawsuit simply asking for youth loss fees cannot be supported by the court.

What issues should be paid attention to when one party hides, transfers, sells off, destroys the joint property of the husband and wife and forges debts when dealing with divorce?

military marriage

"Criminal Law" has constituted a crime of destroying military marriages

Legal common sense (2) Interpretation of marriage law

reference

[Bigamy] Prohibition of having a spouse to live with others