Do you forgive an infidelity before a divorce process? Judicial Branch clarifies whether your ex -partner has the right to part of your assets

He divorce process In Peru it is regulated by the Civil code and establishes specific guidelines on the distribution of marital goods. One of the factors that can influence the award of heritage is the existence of a cause of divorce, such as the infidelitywhose impact on the division of goods has been subject to various judicial interpretations.

In the CASATION 2127-2015the Supreme Court He determined that the forgiveness of an infidelity within marriage can affect patrimonial claims in a divorce process. According to this criterion, if a spouse agrees to continue the relationship after knowing an act of infidelity, it cannot later use it as an exclusive basis to request all the marital goods.

Divorce and Assets: What does the law on the distribution say after an infidelity?

He Peruvian Civil Codein article 345-A, it establishes that the judge must ensure the Economic stability of the most harmed spouse in the divorce process. To do this, economic compensation or the preferential award of goods of the conjugal society can be ordered. However, Infidelity is not a criterion Determinant to define the distribution of heritage, unless it generates verifiable damage.

In it III Civil Casatory Plenaryhe Judicial Branch He said that the compensation or adjudication of goods should be evaluated based on the material and moral damage suffered by one of the spouses. To do this, factors such as economic dependence, emotional impact and affectation to patrimonial stability are considered after separation.

Casación 2127-2015: The judicial power ruling on infidelity and conjugal heritage

In the CASATION 2127-2015the Permanent Civil Chamber of the Supreme Court He resolved a case of divorce in which the plaintiff requested the entire conjugal property under the argument of having been a victim of infidelity. However, the ruling determined that, having continued with the relationship after knowing the infidelity of his spouse, he could not claim that reason as an exclusive cause for the total adjudication of the good.

The sentence established that, if both spouses contributed to the deterioration of the relationship, the Heritage division It must be equitable, that is, 50% for each part. In accordance with current regulations, infidelity does not automatically invalidate the right of a spouse to receive their proportional part of the property.

Forgiven infidelity before divorce: does the division of goods affect?

He sorry for an infidelity Within marriage, it implies acceptance of the continuity of the conjugal bond, which can influence an eventual divorce process. While infidelity can be a cause of separation of fact or divorce due to serious injury (article 333 of the Civil Code), its impact on the heritage distribution will depend on the specific circumstances of the case.

According to the failure of the CASATION 2127-2015so that a spouse can allege economic damage derived from the infidelity of the other, it must demonstrate that it suffered tangible damage that affected its financial or patrimonial stability. Otherwise, the division of goods will follow the general principle of equality, unless a situation of verifiable disadvantage is accredited.