All extramarital affairs and divorces are traceable. A person shall not wait until the other party informs the person of his/her unfaithfulness. I’ve encountered many different clients involved in love affairs.
[Misunderstanding 1]A client asked me: how to make her husband leave a marriage with nothing for he is unfaithful? At this time, I usually ask in reply: which term of law says a man shall leave a marriage with nothing if he is unfaithful? That’s the biggest misunderstanding of the public on infidelity!
In fact, there is no such term of law supporting the saying that “a person shall leave a marriage with nothing if he/she is unfaithful”. If the other party is determined as the wrongdoer whose behavior is deemed as a fault, he/she may be asked for damages according to laws. However, the damages are made for mental satisfaction, which are usually within RMB 50,000. When your spouse engages in love affairs, I suggest that you can secretly consult an attorney, collect the evidence of the other party’s unfaithfulness as much as possible to see whether he could get a smaller share of your property!
[Misunderstanding 2]
Some clients confidently said, “Lawyer Yi, I have the evidence to prove his/her unfaithfulness!” However, the evidence they provided is photos in bed, and they got those pictures by breaking into a building or asking someone to take the photos secretly. Basically, such evidence will not be accepted by a judge.
Unfaithfulness in the public’s eyes is much different from the fault in laws. It’s hard to achieve an ideal result with a few WeChat records and photos if you want to confirm that the other party has committed a fault within your marriage!?.
[Misunderstanding 3]
There are clients who ask the other party to write down a statement of repentance and a letter of guarantee, which constitute the so-called Loyalty Agreement. Sentences like “the husband shall not ask for the child custody when divorce and shall leave the marriage with nothing if the husband takes the initiative to ask for a divorce” are written on the Agreement. At a glance, people may think that the wife is wise and works off her anger!
However, unfortunately, all terms under such an agreement are invalid. What kind of Loyalty Agreement is effective? Please remember the following two points:
1. Even if the Loyalty Agreement is signed when a party is in a fit of anger, the other party’s basic life condition shall be ensured, otherwise agreements, such as an Agreement on Marital Property, will be invalid although they are signed;
2. if you cannot make sure that the signed Loyalty Agreement is valid, it’s better to let a professional lawyer to draft the agreement.
