Judicial Summary
Even if one spouse’s extramarital conduct was undiscovered during the divorce proceedings and only uncovered after the divorce, the people’s court shall uphold the claim for compensation for mental damage filed by the innocent party against the at-fault party. This embodies the judicial spirit of safeguarding the legitimate rights and interests of women.
Case Brief
On May 1, 2003, Plaintiff Zhou and Defendant Zhang registered their marriage. On July 10, 2013, Zhang instituted a divorce lawsuit against Zhou. The court presided over mediation, and the parties divorced by mediation. The divorce mediation document stipulated:
VI. For any other unsettled matters, neither party shall make any further claims against the other.
However, on May 28, 2013, Zhang gave birth to a daughter with a third party Song in a hospital. Zhou claimed that she only discovered this fact after the divorce, and filed a lawsuit requesting Zhang to pay RMB 30,000 as compensation for mental damage.
Court Judgment
The people’s court held that during the subsistence of the marital relationship, Zhang maintained an improper intimate relationship with a third party and even gave birth to a daughter, which led to the breakdown of the marriage and shall incur corresponding civil liability.
The divorce mediation document contains no express declaration by Zhou waiving the right to claim damages for marital fault, nor can it be confirmed that the two parties had reached a settlement on compensation for fault damage. Therefore, Zhou’s post-divorce claim for compensation against Zhang is legally well-founded and shall be upheld.
The court ordered Zhang to pay Zhou RMB 15,000 as compensation for mental damage. Neither party filed an appeal after the judgment was pronounced.
Legal Comment
The core dispute of this case lies in whether the clause “for any other unsettled matters, neither party shall make any further claims against the other” in the mediation document constitutes a clear intent by both parties — especially the innocent party — to waive the right to claim damages.
If such a clause is deemed a voluntary waiver by the innocent party of the right to pursue liability for marital fault, any subsequent lawsuit filed by the innocent party upon regret will hardly be supported by the court. Conversely, if the clause is held not to cover the waiver of compensation claims, and the claim is filed within one year after divorce, the court shall uphold the petition.
In this case, the divorce mediation document did not explicitly state that the divorce arose from one party’s marital fault. It cannot be inferred that Zhou had known about Zhang’s extramarital affair at the time of divorce, nor can it be confirmed that the above general clause included Zhou’s waiver of the right to hold Zhang liable for his wrongful conduct.
From the perspective of protecting the innocent party and safeguarding women’s rights and interests, the court’s support for Zhou’s claim is not only legally grounded but also conforms to public reason and good conscience.
In judicial practice, divorce agreements frequently contain vague clauses such as “no further claims shall be made by either party regarding unsettled matters”, which are highly prone to disputes. When handling such disputes, legal practitioners shall pay attention to the following points:
First, advise clients to avoid adopting ambiguous general clauses of this kind.
Second, since damage compensation is closely related to the dissolution of marriage and the protection of the innocent party’s interests, parties shall make express and explicit stipulations on compensation matters. Specifically, the innocent party shall clearly state whether he or she waives the legal right to claim compensation for the other party’s marital fault.