Civil Code (Marriage and Family)
A series of courses in the general education classroom
On January 1, 2021, the Civil Code of the People's Republic of China came into effect. On the premise of adhering to the system of freedom of marriage, monogamy, and equality between men and women, and in light of the needs of social development, the Marriage Law and other laws have been revised and improved in response to the needs of the new situation and new problems in the field of marriage and family, responding to the needs of the times and the expectations of the people, and providing a strong legal guarantee for shaping healthy and harmonious marriage and family relations.
In order to deepen the rule of law publicity of "Building the Rule of Law in Hainan, Women in Action", guide the majority of women and families to respect the law, learn the law, know the law, use the law, and abide by the law, effectively improve the awareness and ability to protect their own rights and interests in accordance with the law, and promote family harmony and social stability, the Hainan Provincial Women's Federation has launched a series of law popularization classes on the "Civil Code" of Sister Ye's Statement, focusing on common marriage and family legal issues, analyzing and interpreting the law through typical cases, and explaining the law and reasoning, so that everyone can learn and understand the "Civil Code" (marriage and family edition) and other relevant laws and regulations.
In this issue, [Sister Coconut's Statement] Civil Code (Marriage and Family) Law Popularization Classroom (3): Housework also has a "price", and divorce should be compensated.
Case
Yang has been married to his wife for many years and has a pair of children. Because Yang was busy working in other places, his wife became a housewife, responsible for taking care of children and the elderly. Later, Yang sued for divorce on the grounds of relationship breakdown, and his wife believed that she gave up her job to take care of her family and sacrificed a lot, and demanded compensation from Yang. The court ruled that the two parties were divorced, and Yang paid 50,000 yuan in economic compensation.
Sister Coconut said
How is the compensation for housework in the event of a divorce?
Article 1088 of the Civil Code stipulates that if one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she 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 is not reached, the people's court shall make a judgment.
The conditions under which economic compensation for housework can be clearly applied in the above-mentioned provisions include:
1. Divorce as a precondition. That is, the parties cannot claim financial compensation for housework without divorce.
2. One party is engaged in more housework such as raising children, taking care of the elderly, and assisting the other party in work, that is, whether it is taking care of and educating children, taking care of and caring for the elderly, or preparing daily meals for the other party, assisting in work and other unpaid labor, it can be recognized as housework in a broad sense, and one party has more housework, resulting in the depreciation of its own human capital or the appreciation of the other party's human capital.
Those who meet the above conditions may request financial compensation for housework, regardless of the matrimonial property regime.
What are the conditions of the housework compensation system?
(All of the following conditions are indispensable.)
01
It is agreed that the property acquired during the marriage shall belong to the divorced couples who belong to each other.
The system of compensation for housework is applicable only when the husband and wife agree that the property shall be owned separately and the system of separate property is implemented, while in the case of divorce under the system of joint property of husband and wife or part of the property system, the joint property shall be divided according to law, and there is no need to apply the system of compensation for housework.
02
One party has paid more obligations for raising children, taking care of the elderly, assisting the other party in work, and so forth.
The regime no longer applies if both parties have fulfilled their family obligations or have assisted or failed to assist the other in their work. The housework compensation system applies only if one party has fulfilled more obligations and the other party has benefited.
03
In the case of divorce, it is the case of the person himself. It cannot be filed in normal times, but it must be filed at the time of divorce, and it cannot be filed after divorce. However, if the party who has not fulfilled or has fulfilled his obligations to file for divorce and the party who has fulfilled his obligations does not file for divorce, the Civil Code does not stipulate whether he or she can file again within one year after the divorce. However, the Civil Code stipulates that if the at-fault party files for divorce, the innocent party has the right to file a lawsuit for damages within one year after the divorce.
Acknowledging the value of housework and allowing the giver to offer financial compensation is in effect protecting women who do the main housework in family life. So, in practice, how to determine who is the party who pays more for housework?
Generally speaking, in accordance with the principle of "whoever asserts the claim shall bear the burden of proof", the party who has paid more for housework must provide corresponding evidence, such as evidence (including documentary evidence, physical evidence, audio-visual materials, electronic data, witness testimony, etc.) in terms of raising and accompanying children, taking care of the elderly, taking care of housework, etc., and of course, the benefits obtained by the other party due to the value of housework (such as education, occupation, income, social status, etc.) can be considered comprehensively.
For example: (1) housework records. Daily household work records, such as shopping lists, children's study and living arrangements, etc., are strong evidence that you have taken on more family responsibilities. (2) Proof of household expenses. Keeping records of your family's daily expenses, bank statements, invoices, etc., can prove your financial efforts in the family. (3) Testimony of relatives and friends. The testimony of relatives and friends can also be used as supporting evidence to prove your dedication and efforts for the family.
If you do a lot of housework, you will be compensated for divorce, so how much is the amount of compensation?
Since there is no provision in the current law on the calculation of compensation for housework, in order to convert the compensation for housework into monetary compensation, the standard of compensation for housework can be calculated with reference to the economic situation of the family, market conditions and relevant factors, so as to achieve the purpose of litigation.
How can I get the most out of myself?
(1) Seek legal aid in a timely manner: Once you realize that there is a problem in your marriage, you should seek the help of a lawyer in time in order to strive for your own best interests.
(2) Preserve relevant evidence: Always keep evidence related to family responsibilities, such as emails, text messages, phone records, etc.
(3) Settlement through negotiation: With the assistance of a lawyer, try to negotiate with the other party to resolve the dispute peacefully.
Sister Coconut has something to say
Housework may seem trivial and trivial, but it is the cornerstone of family life and should be recognized. In real life, many women give up their jobs in order to raise children, support the elderly, help their husbands, and take care of the family. It is hoped that when facing divorce, both spouses should understand their rights and interests as soon as possible. In particular, for those who have more obligations in the family, they should actively fight for their legitimate rights and interests. At the same time, the husband and wife should try their best to resolve the issue of property distribution through negotiation to reduce unnecessary disputes and losses.
In real production life
Women sisters if they have legal problems
or infringement of rights and interests
You can ask the Women's Federation
(Women's Rights Hotline 12338)
Ask for help
Source: Hainan Provincial Women's Federation Rights and Interests Department Summary Editing Text: Fang Lili Review: Wang Chudie