中國已婚女子外遇生子被發現後提告,最終女子被判淨身出戶
這起發生在鄭州的婚姻悲劇,帶有極強的戲劇性,也再次將「淨身出戶」這個在社會輿論場中極具爭議的話題推向風口浪尖。事件的男主角阿亮,與妻子是透過網路認識,兩人戀愛三年後結婚,婚後更一同前往國外生活。在這段婚姻之中,阿亮一直懷抱對家庭與新生命的期待,尤其當妻子懷孕後,他更是細心陪伴,甚至專程陪她回國安胎,盼望能迎來幸福的家庭生活。
然而,孩子出生的第三天,一紙血型檢測報告徹底擊碎他的夢想。檢測結果顯示孩子的血型與阿亮完全不符,這在科學上已構成無可辯駁的證據。面對事實,妻子無法再掩飾,最終承認在婚姻存續期間曾經出軌。這樣的背叛對阿亮而言無疑是沉重打擊,他憤而選擇提起離婚訴訟,並要求妻子「淨身出戶」,即不帶走任何共同財產。
案件經過法院調解,最終達成協議:妻子放棄所有夫妻共同財產,唯一的一輛小車判給阿亮。這樣的結果引發外界熱議,人們不禁疑問:在我國現行法律框架下,「淨身出戶」是否真的具備法律效力?
嚴格來說,中國的《民法典》中並沒有明確「淨身出戶」的法律條文。但這起案件之所以能作出這樣的判決,核心在於幾個法律邏輯。首先,妻子在婚姻存續期間出軌,屬於嚴重違反夫妻忠誠義務的重大過錯,因此在財產分割上,法律允許向無過錯方傾斜,這是一種懲戒與保護並存的司法原則。其次,本案中妻子已經承認過錯,並且自願放棄財產,法院尊重雙方的協商結果。只要這份協議是在沒有脅迫的情況下達成,就具有法律效力。最後,法院秉持的「公平性原則」也體現在判決中:並不是單純剝奪女方的財產權,而是因為她的過錯導致婚姻破裂,因此在財產分配上傾向保護阿亮這一方,符合「照顧無過錯方」的裁判原則。
不過,需要指出的是,「淨身出戶」並非在所有婚姻糾紛中都能成立。若事前夫妻簽署了所謂的「忠誠協議」,例如「若出軌就必須淨身出戶」,在司法實踐中一般不被法院支持,因為這類協議多被視為道德層面的約束,缺乏強制力。此外,如果過錯方堅決不同意放棄財產,法院也不會僅憑「出軌」這一點就強制判決其淨身出戶,但可能會要求其支付損害賠償,並在財產分割中少分,比如僅獲三成以下。即便過錯方願意淨身出戶,法院仍會審視是否會因此影響其基本生活,若導致其無法維持最基本的生存,法院可能會調整分配,以避免極端不公的情況出現。
整體來看,阿亮這樁案件,正是法律、道德與婚姻責任三者交織下的一個縮影。它揭示了婚姻中的背叛不僅會摧毀情感基礎,也會在財產與法律層面引發嚴重後果。社會輿論雖然多數站在阿亮這一邊,但同時也提醒人們,法律雖可懲戒過錯方,卻無法完全抹去背叛帶來的傷痛。這起事件既是對婚姻忠誠的警示,也是對「淨身出戶」法律邏輯的一次現實案例解讀。
This family tragedy in Zhengzhou carries strong dramatic tension and once again pushes the highly controversial issue of “leaving the marriage with nothing” into the spotlight of public debate. The man involved, Aliang, met his wife through the internet, and after three years of online courtship, the two got married and later moved abroad to begin their life together. Throughout the marriage, Aliang held onto high hopes for a happy family and future. When his wife became pregnant, he carefully accompanied her, even returning to China with her for prenatal care, expecting the joyful arrival of their child.
However, just three days after the child was born, a blood type test shattered his dreams. The results proved that the baby’s blood type was completely incompatible with his, leaving no room for doubt. Faced with irrefutable evidence, the wife could no longer deny the truth and eventually admitted to having committed infidelity during the marriage. For Aliang, this betrayal was devastating. Enraged, he filed for divorce and demanded that his wife leave the marriage with nothing, meaning she would not take any of their jointly owned property.
After mediation in court, the final agreement was reached: the wife gave up all marital assets, with only one car awarded to Aliang. The outcome sparked heated discussion, with many wondering how “leaving the marriage with nothing” could be legally supported under China’s current legal framework.
Strictly speaking, China’s Civil Code does not explicitly contain the concept of “leaving the marriage with nothing.” However, the reasoning behind this ruling can be explained by several legal principles. First, the wife’s extramarital affair during the marriage constituted a serious breach of the duty of fidelity between spouses, which is considered a major fault. As a result, the law allows judges to tilt property division in favor of the innocent party, both as a form of protection and punishment. Second, in this particular case, the wife admitted her fault and voluntarily agreed to give up her share of the assets. As long as the agreement was made without coercion, the court respects the parties’ autonomy, and the agreement holds legal validity. Finally, the court applied the principle of fairness: the wife’s property rights were not forcibly stripped away; rather, because she was at fault for the breakdown of the marriage, it was reasonable to grant Aliang a more favorable share of the assets, in line with the principle of “protecting the innocent party.”
That said, “leaving the marriage with nothing” cannot be applied universally. For instance, if a couple signed a so-called “loyalty agreement” before marriage—such as a clause stating, “if you cheat, you must leave with nothing”—the courts generally would not enforce it, since such agreements are often considered moral obligations rather than legally binding contracts. Similarly, if the guilty party refuses to give up their property rights, the court would not issue a judgment solely based on infidelity to force them out with nothing. Instead, the court might require the guilty spouse to pay damages and allocate them a reduced portion of the property, perhaps less than 30%. Even in cases where the guilty party voluntarily agrees to leave with nothing, the court may intervene if such a division would deprive them of the means to maintain basic living conditions, adjusting the outcome to avoid extreme unfairness.
Overall, Aliang’s case is a vivid example of how law, morality, and marital responsibility intersect in real life. It shows how betrayal in a marriage not only destroys emotional bonds but can also have serious legal and financial consequences. While most public opinion sympathized with Aliang, many also reflected on the limitations of the law: it may punish the guilty, but it cannot erase the pain caused by betrayal. This case stands as both a warning about the cost of marital infidelity and a real-world illustration of how the principle of “leaving with nothing” is interpreted and applied in Chinese courts.
- 1
- 2
- 3
- 4