Case: Zhou Anmei met Liu Dong in early 2009, and they got married in the same year. After the marriage, Zhou Anmei and Liu Dong signed an agreement: the husband and wife respect and care for each other after marriage, and if one party has an extramarital affair, the other party will be compensated for mental damages of 6,543.8+10,000 yuan. On 20 12, Zhou Anmei discovered that Dong Liu met a woman through the Internet. Persuasion failed, and Zhou Anmei filed for divorce, demanding that Dong Liu pay 65,438+10,000 yuan for mental damages. But Dong Liu didn't agree. He believes that spirit is intangible and cannot be measured by money.
Statement: Loyalty agreement refers to the agreement between husband and wife that one party who violates the obligation of loyalty will pay part of the property to the other party. The Supreme People's Court's Interpretation on Several Issues about Determining the Liability for Compensation for Spiritual Damage in Civil Tort stipulates the compensation for mental damage, and makes it clear that mental damage can be compensated in the form of property. Therefore, it is legal and effective for husband and wife to pay mental damages to each other in violation of their duty of loyalty.
The agreement of "going out clean" is valid.
Case: Villager Jason Chung is an expert in aquaculture. After several years of hard work, he has saved more than 100 thousand yuan, but because of his poor appearance, he has been unable to find a suitable object. In 2009, introduced by relatives, he and Xiaoyu, a girl from a neighboring village, entered the marriage hall. After marriage, Jason Chung worried that Xiaoyu would not live with him for a long time, so he signed an agreement with Xiaoyu, stipulating that "husband and wife should be loyal to each other after marriage, and if one of them has moral problems, he will leave home clean". 20 1 1, Jason Chung learned from a neighbor that his wife Xiaoyu had a close relationship with one of her primary school classmates, so she filed for divorce and asked Xiaoyu to leave home clean. Xiaoyu agreed to divorce, but she thought that "going out clean" was unfair to herself and asked for the division of property.
Disclaimer: Whether the agreement on "going out clean" in the loyalty agreement is valid has always been a controversial topic. Some people think that "husband and wife should be faithful" in the marriage law is just a kind of value concept, which belongs to the category of moral adjustment and can only be bound by morality. But the loyalty agreement is an agreement reached between husband and wife on property and damages in advance. Through the loyalty agreement between husband and wife, the innocent party can get property compensation during divorce, thus realizing self-protection and reducing disputes over property division during divorce. In this case, the loyalty agreement signed between Jason Chung and Xiaoyu is a true expression, which does not violate the prohibitive provisions of the law and should be valid.
It is illegal to stipulate "no divorce"
Case: Wang Qi, a rural girl, went to work in the city after graduating from high school, met her hometown Xu Hao, and they fell in love. On 20 10, they went back to their hometown for a wedding and went through the marriage registration formalities. In order to maintain the long-term marriage, the two sides also signed an agreement under the witness of their families: husband and wife are loyal to each other, never abandon each other, and no matter what happens in the future, they are not allowed to divorce. 20 1 1 At the end of the year, Xu Hao met a female netizen, Xiaoxue, and their relationship quickly warmed up. Xu Hao filed for divorce with Wang Qi. Wang Qi was very angry and took out the original agreement. Xu Hao would never divorce in his life.
Statement: The agreement on "no divorce" between Wang Qi and Xu Hao violates the principle of freedom of marriage and should be null and void. Freedom of marriage includes freedom of marriage and freedom of divorce. Freedom of divorce is a legal right of citizens and cannot be deprived. Therefore, it is difficult for Wang Qi to get legal support only on the basis of the loyalty agreement of "no divorce".
The agreement of "giving up custody" is invalid.
Case: Zhao Haiyang and his wife used to have a happy family. Their daughter Lele is smart and lovely, but everything has changed since her wife attended the class reunion. Later, Zhao Haiyang learned that his wife had met her first lover, and they were determined to "get back together". Knowing that his wife loves children very much, Zhao Haiyang and his wife reached an agreement to preserve their marriage: both husband and wife will love their families and be loyal to each other, and if they betray their marriage, they will give up the custody of their children.
Statement: In order to maintain the integrity of the family, it is the first thought of many people to tie each other up with the custody of their children, but this is wrong and unwise and will not be supported by the law. The custody right of children is the legal personal right of parents to their children, and it will not be eliminated because of the divorce of parents. According to Article 36 of China's Marriage Law, the relationship between parents and children is not eliminated by parents' divorce. After the divorce, the child is still the child of both parents, whether or not the parents directly raise him. After divorce, parents still have the right and obligation to raise and educate their children. Therefore, the agreement to give up custody of the child is invalid. Similarly, the right to visit cannot be deprived or restricted by agreement. Xiaoli