A remarried couple in Xiamen
After more than 30 years of married life,
But in his later years, he went to court
Want a divorce!!
The man has little opinion on the division of tens of millions of family properties
When the woman presents
Compensation for domestic work
The man, however, strongly objected
What the hell is going on?
Let's take a look
The woman gave birth to 2 sons
But to take care of 8 children and mother-in-law
Old Chen, who is more than 60 years old, was widowed in his early years,
The first wife died of illness,
Leave 6 underage children.
In 1987, Lao Chen remarried with Ah Hong,
Start a new family.
After marriage,
Old Chen and Ah Hong had two more sons.
In addition to taking care of 8 children
The elderly mother-in-law also needs her care
After marriage, we get together less and leave more
In his later years, he wanted to divorce
Long after marriage,
Lao Chen mainly did business outside the province,
Ah Hong in her hometown,
The two sides gather less and leave more!
Until 1998,
Lao Chen bought his first apartment in Xiamen,
Only then did he take Ah Hong to Xiamen to live.
In 2010, Lao Chen decided to retire and return to Xiamen to live.
But his relationship with Ah Hong has faded,
In 2020 he fell ill and was hospitalized,
Nor was he taken care of by Ah Hong.
Now both have the idea of divorce!
But because of the problem of property division, the contradiction is intensified,
Unable to mediate,
Therefore, the lawsuit was brought to court.
It's a shame
30 years of marriage have "survived"
Nowadays, the elderly can finally "look good"
But they have to part ways!
Let's hear what the woman Ah Hong has to say
↓↓↓
Ah Hong said that when the two were separated, the relationship broke down, and she agreed to divorce.
When she married Lao Chen, the 6 children born to Lao Chen and his ex-wife were less than 10 years old, and later she gave birth to two children, the elderly mother-in-law also needed to take care of, Lao Chen worked outside for many years, mainly because she took care of the children and the elderly, and handled the heavy responsibility of housework.
At that time, in the countryside, the economy was not rich, she had to take care of her family, and she had to cut firewood, cultivate land, and raise pigs. Later, the children also went to Xiamen to study and work, and she also tried her best to help. Ah Hong believes that she has done her best in the marriage of more than 30 years, and there is no fault, in addition to the joint property of the husband and wife that should be divided, Lao Chen should also carry out housework compensation.
It's too hard
In this regard, what does the man Lao Chen say?
Lao Chen disagrees, he believes that the family is originally a "male outside, female inside" division of labor model, he earned tens of millions of family property, the contribution to the family is also very large; Ah Hong did not work and no income, half of the property, rights and interests have been protected, and 8 children are not brought by Ah Hong alone, his mother and sister have helped.
Both sides have their own opinions
Especially for domestic work compensation
Old Chen was strongly opposed
So how does the court pronounce the verdict?
The verdict was pronounced in the first instance
Discretionary compensation amount of 200,000 yuan
The Siming court held in the first instance that Lao Chen and Ah Hong had made great contributions to the family in their more than 30 years of married life, and there was no statutory fault, and the joint property of the husband and wife should be distributed in proportion to 50% each. The court divided the property of the two parties, such as real estate, vehicles, deposits and other assets worth tens of millions of yuan.
At the beginning of the marriage, both parties have a total of 8 minor children to raise, and the family affairs are mostly handled by Ah Hong, although there are other relatives to help, but Ah Hong's hard work for the family as a housewife should be recognized. Ah Hong's demand that Lao Chen pay additional financial compensation for household chores has a factual and legal basis. Taking into account factors such as the family's economic situation, Lao Chen's economic ability, and the economic level of the place where both parties live, the Siming court found that Lao Chen should also pay Ah Hong 200,000 yuan in compensation for housework.
Accordingly
The Siming Court granted it in the first instance judgment
Lao Chen and Ah Hong divorced
the common property of the parties is divided equally,
Lao Chen also paid 200,000 yuan to Ah Hong.
After the verdict,
Lao Chen appealed.
The case was tried in the second instance,
The appeal was dismissed and the original judgment was upheld.
In recent years, the topic of financial compensation for divorce has frequently rushed to the hot search, triggering heated discussion among netizens. Some people confuse the division of divorced property with divorce financial compensation; some people think that the amount of compensation is too low to be "not cost-effective" and does not match women's contributions to the family; others argue that one party earns money outside the home and the other party works at home, which is dedicated to the family.
To this
Come and hear what the judge has to say
The party with the greater burden of obligations has the right to claim compensation
In marriage,
If one party is caring for the elderly, children or spouse
Invested a lot of time and effort,
It is likely to limit self-development,
It may even be completely sacrificed for self-development opportunities,
Other family members benefit.
In accordance with the principle of consistency of rights and obligations,
The party with more obligations
The right to financial compensation should be enjoyed.
Article 1088 of the Civil Code of the People's Republic of China stipulates that if one of the spouses bears more obligations due to the raising of children, the care of the elderly, assistance to the other party in work, etc., the spouse has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation. The specific measures shall be agreed upon by both parties; if the agreement fails, the people's court shall make a judgment.
The following points need to be noted when proposing economic compensation for domestic work:
1. Economic compensation for domestic work must be filed in the course of divorce by agreement or in the course of litigation in divorce cases, and after the divorce by agreement or judgment, one party submits another request for compensation, and the court will not accept it.
2. It is not necessary to be compensated for doing housework, after all, as a member of the family, you also have the responsibility to take care of your family. It should be the party who pays a lot of personal time and energy in family life and undertakes more housework to benefit the family and the family, in order to obtain corresponding compensation according to law.
3. The amount of severance compensation cannot simply be converted into market value for domestic work. Compensation is based on the division of the joint property of the husband and wife, and the party who bears more of the obligation to provide relief to the family. When determining the amount of compensation during the trial, various factors such as housework working hours, energy invested in housework, benefits of housework, and family economic situation will be comprehensively considered.
While lamenting the mother's rigidity
We should be more considerate of women's difficulties
Housework is no longer "free"
Years of hard work to take care of housework
Nor is it taken for granted
Value recognition should also be obtained!
General/Xiamen Siming District Court, Straits Herald, etc
Source: Xiamen Radio and Television