In Taiwan, suing infringement of spouse rights may receive a higher amount than the judgment of divorce support! If you see your spouse holding his fingers with others and can't help but breathe, you can sue for infringement of spouse rights!
Recently, the Taiwanese entertainment media reported that Ma Junlin's wife accused Wang Tong for infringement of spouse rights and requested compensation of NT$4 million. In addition, the 107th civil judgment of the Taiwan New Taipei District Court: "The defendants held hands tightly and hugged each other, and it was difficult to recognize that they were simply supporting and habitual shoulder-to-shoulder movements." It has infringed on the rights of the spouse. Based on this, the husband and the extramarital woman should be compensated jointly and severally by the wife.
First, let’s talk about what “spouse rights” is?
Taiwan’s legally defines the connotation of spouse rights. In practice, according to the interpretation of the Taiwanese court, spouse rights means "the husband and wife have the obligation to be honest with each other". If "one party acts dishonestly and engages with others that is sufficient to undermine the perfect safety and happiness of the couple's shared life", it is an act that infringes on spouse rights. (Reference for the meaning of the Supreme Court of Taiwan 41st year, No. 278 of Taiwan 55th year, No. 2053 of Taiwan 53, Taiwan High Court 102th year, No. 801 of the Civil Determination)
But, what is "dishonest act that undermines the perfect security and happiness of the couple's shared life"? Such a description is too concise and vague. Therefore, we will find several judgments for reference in particular:
1. Adultery: Usually the amount of compensation is between NT$100,000, and will be determined based on the economic strength of all parties and the circumstances of the case. However, adultery is usually difficult to prove. (Taiwan High Court's Civil Determination No. 98, Shangyizi No. 108, ~ Adultery and infringement of spouse rights are awarded 300,000 yuan in compensation)
2. Message "Baby, I miss you": NT$100,000 is awarded. They regard themselves as "maternal and in-laws", and have intimate actions such as holding hands when going out. Their interactions have reached the level of perfect safety and happiness that destroys the common life of marriage (Civil Judgment No. 14531, Taipei Simplified Court, 106, Beijianzi)
3. Holding hands tightly and embracing them: NT$100,000 is awarded. This kind of behavior is hard to recognize as simply supporting and habitual shoulder-to-shoulder movements, which is obvious that it has surpassed the abnormal behavior of general social behaviors. It should be recognized that there is indeed an ambiguous relationship between the defendants. (Civil Judgment No. 2075, 107, Taiwan New Taipei District Court)
4. Multiple trips together: NT$150,000 was awarded. Taking multiple intimate photos and deliberately concealing them to prevent the other party from knowing about the relationship. There are also ambiguous dialogues on LINE, which is enough to confirm that there is a very intimate relationship between men and women, which has infringed on the spouse's relationship. (Civil determination judgment No. 232, 104, New Taipei District Court, Taiwan)
Let’s look at the mainland’s regulations on spousal rights. The mainland adopts a more flexible attitude towards spousal relationships. One of the reasons for divorce stipulated in the Mainland Marriage Law must be "those who have a spouse live with others". Adultery generally does not constitute a cause of divorce. Only those who have spouses can ask for compensation for damages if they live with others. Adultery or close contact that exceeds normal social interactions generally cannot be claimed for compensation, and adultery is "no" criminal responsibility. (Article 32 and 46 of the Marriage Law of the People's Republic of China)
According to the judgment of the Taiwanese court, infringement of spouses' rights covers a wide range of coverage, not limited to adultery; abnormal behaviors that exceed general social behaviors may infringe on spouses' rights; infringement of spouses' rights is far more likely to provide evidence of infringement of spouses' rights, and there is a lot of room for explanation and establishment of adultery, which is a weapon for "victim" masters (in Taiwan, there is still criminal responsibility for rape except civil liability; other acts that infringe on spouses' rights are only civil liability).
Just, once you sue, can this marriage continue?!
