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Married couple's fidelity pact judged invalid

Married couple's fidelity pact judged invalid

Updated: 2012-03-20 16:49

(chinadaily.com.cn)

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A couple in Rizhao, Shandong province, signed a fidelity agreement, promising that if the man betrays the woman in the marriage, he should pay one million yuan ($158,132) when they divorce. But when the wife tried to get her husband to honor the agreement by suing him after an infidelity, a court regarded their loyalty agreement invalid and did not support her claim, Qilu Evening News reported.

The couple, surnamed Zhang and Li, got married on Oct 1, 2008. They signed a loyalty agreement on Aug 3, 2009, saying, "The two partners should be faithful to each other. If the husband Zhang betrays the wife Li or the family, Zhang should compensate Li one million yuan for emotional damages no matter who files for divorce."

In summer 2010, Zhang had an affair with a woman he met through the Internet, and was discovered by Li. Zhang promised to end the relationship and wrote a guarantee to his wife. In October 2011, Zhang sued for divorce on the grounds of loss of affection, and Li also agreed. But she asked Zhang to compensate her one million yuan for emotional damages according to their loyalty agreement.

The local court said no rule in marriage law or other civil laws support the loyalty obligation between couples and the loyalty agreement has no legal basis. On Feb 10, 2012, the court reached its verdict, saying that the loyalty agreement has no legal basis, and does not support Li's claim.