A different twist on Family Law (Spain)

Aardvark154

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I find it interesting how Spain has a different view of Family Law - an article from The Times:

"Adultery can be a costly business, as one Spanish woman found out when the Supreme Court confirmed the ruling of a lower court and doubled the amount of “moral damages” she had been ordered to pay to her cuckolded husband.

The woman, who conceived three children by her lover, had pretended for years that they were fathered by her husband. Neither man can be named, in terms of a court order to protect the identities of the children.

In 2001, after years of suspecting that his second wife might be unfaithful, the unfortunate husband finally discovered the truth: she had kept a secret lover for six of the fourteen years the couple had been together. Worse was to come when DNA tests showed that three of their four children had been fathered by the lover. At that point the husband took his wife to court, demanding compensation.

The court in Valencia, southeastern Spain, ordered her to pay €100,000 for the suffering she had caused her husband.

She decided to fight the decision, but judges at the Supreme Court not only agreed with the lower court but ruled that the original penalty was “insufficient and unjust”.

The fine was doubled, meaning that she must now pay her husband €200,000 as recompense for her years of illicit passion.

Commenting on the case, judges said that the compensation should be “higher than if the children had been killed in an accident”.

The cheating wife was judged to have “acted negligently in the conception of her children”, and the concealment of the truth “only added to the pain caused to the husband” who should be compensated correctly.

By way of a defence, the woman told the Supreme Court that her extramarital activities had been “passionate and irregular”.

She said that her estranged husband had been cold, unfaithful, distant and uninterested in caring for the family. The court ruled that her claims were not credible.

The husband has since begun an appeal for additional compensation for “physical and psychological damage” suffered at the hands of his wife and her lover. He is also determined that she pays for the cost of the DNA tests that revealed that he was not the father of three of their children."
 

tboy

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As long as these rulings apply to husbands who cheat then I fully support the decision. But 100 L? what's that? 28 bucks?

And just because he has a judgement, doesn't mean he'll ever collect.
 

jwmorrice

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Jun 30, 2003
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In the laboratory.
tboy said:
As long as these rulings apply to husbands who cheat then I fully support the decision. But 100 L? what's that? 28 bucks?
I believe we're talking Euros here.

jwm
 

red

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Nov 13, 2001
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tboy said:
As long as these rulings apply to husbands who cheat then I fully support the decision. But 100 L? what's that? 28 bucks?

And just because he has a judgement, doesn't mean he'll ever collect.
200,000 euros is more than 28 bucks.
 
Jan 19, 2004
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Not enough

Even with everything the court has ruled, she's still getting off easy. Years and years of calculated deception at the cost of someone she took an oath to love and respect deserves more than just cash as a punishment. Her kids should be taken away from her and she should be assigned three other random children that she will have to be responsible for from now on.
 

Aardvark154

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MichaelZzzz said:
A point of discussion from the substance of the article, (as opposed to the foreign exchange rate) should Canadian divorce law be modified to account for wrong doing by one of the spouses?

Looking only at the issue of division of property (not cause for divorce or support issues), if one spouse is fucking around behind the back of the other should property division be affected? Should any breach of the marital vows affect the property division in some manner?

For example, should be net equalization of family assets be changed from a 50/50 split to 75/25 if the husband is caught seeing escorts? Should it change to 90/10 if the wife had children with a different man?

To quote Chris Rock
“Men lie the most, women tell the biggest lies”
At risk of being publicly stoned by my fellow TERBites.

There is to my mind a valid argument that it should. Likewise I realize the legal and practical difficulties of proving adultery but where a wife has had an other man's child (and the husband is highly likely to be required to pay child support) it is in some ways the cherry on the top of the sundae for the innocent party, for such a case to be "no fault" on the grounds of "irreconcilable differences."
 

tboy

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MichaelZzzz said:
Tbag, once again, posts without knowing or thinking.

......
ZZZZipper head, you don't know humour when you see it? Or does that ZZZZ in your handle indicate that you're asleep at the switch?

Either way you're an idiot so...........

(just for the record 200,000 lira is $163.00 so I wasn't that far off dick)
 

Aardvark154

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tboy said:
(just for the record 200,000 lira is $163.00 so I wasn't that far off dick)
But since Italy uses the Euro, and has for the past seven years, from what year is your lira exchange rate?


Further there is a slight difference between $163 and $316,582
 

tboy

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Aardvark154 said:
But since Italy uses the Euro, and has for the past seven years, from what year is your lira exchange rate?


Further there is a slight difference between $163 and $316,582
Sheesh, you guys REALLY ought to get a sense of humour....really. Did italy not use the lira? Wasn't Lira a very small denomination currency? So if the above is true, then 200,000 lira isn't much of a settlement which was the point of the comedic comment. Or was that too much of a stretch for you two? (obviously it was because others got it).
 

Aardvark154

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MichaelZzzz said:
As a general principle I agree. If you deceive or harm your spouse there should be a consequence.

The single biggest flaw that I see with the legal system, across all areas of law, is that the absence of consequences leads to an absence of perceived justice. To paraphrase a very old legal saw, without a remedy there are no rights.

The fun part is in trying to put a value to the misconduct.
If he went to a SC is that worth 1% of the family assets?
If he went to an MP is it 5% per occurrence?
If she had an affair with her boss for 6 months is is 10% per month?
If she had an affair with his brother does that have it go "all in" to the husband's side? :D
True, as another old saw goes obedience of the law depends upon it being perceived as justice.

I'm doubtless seeing this from a "male perspective", but when it comes to a "heightened playing field" I don't see taking a trip or trips to the New Locomotion as being the same as having an affair with a co-worker unless you spent all the family savings in going there. I suppose I see it as a bit logarithmic, i.e. de minimus up until the point it becomes truly serious and going up rapidly at that point.
 
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xix

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La la land
Spain = Pesetas

Italy - Lira

Spain - Pesetas

France - Francs

Germany - Deuthces Mark

Mexico - Mexico [ NOT PEso]

Canada - Beaver.
 
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