不倫妻がDV夫と離婚 慰謝料はどうなるか

不倫妻がDV夫と離婚

夫は気にいらないことがあるとすぐに私に暴力をふるいます。体中にアザを作るという日々が続いていたのですが、それに気づいた夫の友人が相談に乗ってくれるようになり、そのうちに深い関係をもってしまいました。そのことが夫にばれてしまい、離婚することになったのですが、すごい額の不倫の慰謝料を請求されました。

確かに不倫したのは私なので慰謝料は払うつもりですが、元はと言えば夫のDVが原因です。わたしもDVに対する慰謝料をもらいたいくらいです。DVされていたことによって不倫の慰謝料は減額するのでしょうか。

a慰謝料が減額される可能性はあります。

結論としては、夫のDVを理由に慰謝料が減額される可能性は高いです。ただ、離婚に至った主たる原因があなたの不倫にある以上、慰謝料の支払い義務自体は免れなさそうです。逆に、夫の暴力が主たる離婚の原因ということであれば慰謝料は夫が支払うべき、と言えますが、おそらく今回の離婚の決定打はあなたの不倫と評価されそうです。

まず、不倫=不貞行為は夫婦の円満な婚姻生活を破たんさせる行為として、民法上の不法行為に該当します(民法709条)。したがって、不倫によって配偶者が被った精神的苦痛を補うために、不倫をしたあなたと不倫相手とが『慰謝料』を支払わねばなりません。

不倫を原因として離婚に至った場合の慰謝料はおよそ200~300万円程度が相場となりますが、この金額の算定は自らの不倫の事実のほか、婚姻期間の長短やその他一切の事情を考慮して算定されます。

今回、夫が暴力をふるったという事情はあなたが支払うべき慰謝料を減額する事情として働きますので、暴力の程度や回数などにもよりますが、少なくとも上記相場の金額よりは減額されることとなるでしょう。

過去にはDVが原因で不倫の慰謝料の相場より低額にした事例も

過去の最高裁判例でも、『離婚に至った責任は主として不倫をした側にあるものの、不倫をされた側にも暴力行為や婚姻生活を修復するための努力が足りなかったなど、相応の責任がある』として、さほどひどいDVではなかった事例で慰謝料を200万円(通常であれば300万円程度の事案で)と認定したケースがあります。

なお、DVの慰謝料の算定は、そのけがの程度や回数・期間などによって異なりますが、基本的には相当ひどいDVに至らない限り、不倫の慰謝料よりも低額に算定されることが多いです。

話し合いで慰謝料額の折り合いを

今後、話し合いによって慰謝料の金額を決める流れですが、夫から、「○○円を慰謝料として払わないなら離婚には応じない」と言われてしまうと厄介です。その場合、裁判離婚を目指すことになりますが、裁判であなたの離婚請求が認められ、強制的に離婚するためには、相当長期の別居期間がないと難しいです。

ですから、話し合いによって、「合理的な額の慰謝料を払ってうまく離婚してもらう」ことを目指すのが、今回は肝心と言えそうですね。

トラブルの解決は、アイ総合コンサルタントへご相談ください。

※無料相談はしていません。

 

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不倫妻がDV夫と離婚 慰謝料はどうなるか”へ6件のコメント

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