Zadośćuczynienie w sprawie o rozwód?

„Niedawno dowiedziałem się, że od ponad trzech lat żona mnie nieustannie zdradza. Żona nie pracuje, wypłaca środki pieniężne z naszego wspólnego konta, które trwoni na przyjemności z kochankiem. Czuje się oszukany i wykorzystany. Oczywiście w najbliższym czasie zamierzam złożyć pozew o rozwód. Czy mogę żądać rekompensaty za to, że zostałem oszukany? Czy jest coś takiego jak zadośćuczynienie w sprawie o rozwód?”.

Co z pewnością może zasądzić Sąd w sprawie o rozwód? ALIMENTY!

W sprawie o rozwód sąd może zasądzić ALIMENTY na rzecz małżonka niewinnego od małżonka winnego rozkładu pożycia małżeńskiego.

Zgodnie z prawem, małżonek rozwiedziony, który nie został uznany za wyłącznie winnego rozkładu pożycia i który znajduje się w niedostatku, MOŻE ŻĄDAĆ od drugiego małżonka rozwiedzionego dostarczania środków utrzymania w zakresie odpowiadającym usprawiedliwionym potrzebom uprawnionego oraz możliwościom zarobkowym i majątkowym zobowiązanego.

WAŻNE:

Co to znaczy, że małżonek „nie został uznany za wyłącznie winnego”? To sytuacja, w której Sąd rozwiązał małżeństwo bez orzekania o winie lub orzekł winę obojga stron!

Natomiast w sytuacji, kiedy jeden z małżonków został uznany za wyłącznie winnego rozpadu małżeństwa, a rozwód pociąga za sobą istotne pogorszenie sytuacji materialnej małżonka niewinnego, sąd może na jego żądanie orzec, że małżonek wyłącznie winny obowiązany jest przyczyniać się w odpowiednim zakresie do zaspokajania usprawiedliwionych potrzeb małżonka niewinnego, chociażby ten nie znajdował się w niedostatku! I do dożywotnio!

W/w obowiązek wygasa w razie zawarcia przez małżonka – który alimenty otrzymał – nowego małżeństwa.

Jednakże gdy zobowiązanym jest małżonek rozwiedziony, który nie został uznany za wyłącznie winnego rozkładu pożycia, obowiązek ten wygasa w razie zawarcia przez małżonka – który alimenty otrzymał – nowego małżeństwa, a także z upływem pięciu lat od orzeczenia rozwodu, chyba że ze względu na wyjątkowe okoliczności sąd, na żądanie uprawnionego, przedłuży pięcioletni termin.

Co więc z tym ZADOŚĆUCZYNIENIEM?

Zadośćuczynienie niestety nie zostało uregulowane w przepisach prawa rodzinnego. Zgodnie prawem, zadośćuczynienie jest świadczeniem pieniężnym, które sąd może przyznać poszkodowanemu za doznaną krzywdę. Celem zadośćuczynienia jest zrekompensowanie doznanego przez pokrzywdzonego bólu, cierpienia czy upokorzeń, a więc powstałej szkody niemajątkowej. Podstawą jest ustalenie, że doszło do naruszenia dóbr osobistych!

Wskazać należy, iż otrzymanie zadośćuczynienia NIE JEST jednoznaczne, gdyż NIE ZAWSZE naruszenie praw i obowiązków małżeńskich stanowi naruszenie dóbr osobistych.

W związku z tym, że przepisy prawa rodzinnego nie przewidują zadośćuczynienia za doznaną krzywdę małżeńską – można dochodzić zadośćuczynienia w zwykłym postępowaniu cywilnym (a więc nie w postępowaniu rozwodowym!) lub karnym. I tak, jeżeli jeden z małżonków znęca się nad drugim, to ponosi odpowiedzialność zarówno cywilną, jak i karną. 

Natomiast w sprawie o rozwód, osoba pokrzywdzona przez drugiego małżonka powinna dążyć przede wszystkim do udowodnienia drugiemu małżonkowi winy w rozpadzie małżeństwa i w konsekwencji do otrzymywania od niego alimentów.

Chcesz zlecić naszej Kancelarii sprawę o rozwód? Serdecznie zapraszam do kontaktu!

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