Song Hye-kyo to receive huge compensation in divorce; in China, she might get nothing!

2019-06-27 📂 Zhiming Hot Comments Zhiming Hot Comments 🏷️ #婚姻法 #宋慧乔宋仲基离婚 #离婚 #Property Division

According to Korean media reports, Song Joong-ki and Song Hye-kyo have already divorced! Song Joong-ki's side officially announced the divorce, and submitted a divorce mediation application to the Korean court on the 26th.

In our country, the breakdown of mutual affection is the grounds for divorce. In South Korea, divorce follows the fault principle. The breakdown of affection is not grounds for divorce between the parties; fault can be grounds for divorce, and infidelity is a major fault among divorce grounds. Generally, the at-fault party needs to compensate the non-fault party with a considerable sum of compensation, unless the non-fault party voluntarily waives it.



China's Marriage Law and its judicial interpretations also establish the right to claim compensation for divorce damages. If one party commits bigamy, cohabits with another person, engages in domestic violence, or abandons or maltreats family members, the other party has the right to claim material damages or mental damages in accordance with the law. However, if both parties are at fault as described above, the claim will not be supported.

 

Earlier There is widespread online speculation that Song Joong-ki had an affair. Does this mean Song Joong-ki must pay Song Hye-kyo a large sum of compensation? What does South Korean law stipulate?

South Korean law follows the principle of equitable distribution when handling the division of marital property. "Press" The division is based on each party's contribution to the family's common property. [1] Typically, when both spouses work, the division ratio is 50%; when the wife is a homemaker, the division ratio is about 33%. However, each case varies slightly, but nowadays, South Korean courts are also beginning to place greater emphasis on women's rights.

 

[2] However, for over 50 years since September 1965, the principle that the Supreme Court of South Korea does not accept divorce petitions from the at-fault spouse has remained in effect. [3] That is, if the at-fault [4] party files a divorce petition with the court, the court will not accept it. [5] The at-fault spouse can persuade the other party to agree to a divorce.

 

[6] In other words, If Song Joong-ki truly committed adultery and filed for divorce in court, the court would not accept the case. From the current perspective, does it indirectly suggest that Song Joong-ki had an affair?rumorIs it fake?

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