Can WeChat chat be used as legal evidence?

1. Can WeChat chat records be used as divorce evidence?

1. In the process of divorce proceedings, if you only have chat records, if you want to achieve the purpose of proving the breakup of husband and wife's feelings, the court will generally not recognize them, but online chat records can be used as evidence.

2. The evidence of online chat generally proves the extramarital sexual relationship, cohabitation and ambiguous relationship between the lover and the third party. In the process of court trial, under normal circumstances, one party will deny the content of the proof of online chat proposed by the other party, and will question the legality of the way of obtaining the evidence. Whether the court can accept the evidence of online chat depends on whether there are other supporting certificates. Now this issue is discussed as follows:

(1) The acquisition of this evidence, like the recorded evidence in audio-visual materials, does not need the consent of the other party, nor does it violate the mandatory and prohibitive provisions of the law.

(2) In the trial practice of the people's court, if the chat record is obtained by cracking the password of one's lover, the main focus is on the legality of the way of obtaining evidence.

2. How to collect evidence of extramarital divorce

1. The extramarital divorce court will first mediate between the two parties according to the trial principle of divorce proceedings. If the innocent party forgives the fault of the wrong party and the wrong party is willing to accept mediation, then there is a basis for mediation between the two parties and the court will mediate. If the contradictions between the two parties are irreconcilable, or one party insists on divorce, the court will generally decide divorce.

2. About evidence collection:

(1) "Letter of guarantee" and "apology book", etc., the extramarital affair was suddenly exposed, and one party wrote a letter of guarantee in desperation to express repentance, which is the key evidence of the extramarital affair;

(2) whoring incidents, etc., are usually intervened by the police and recorded by the police;

(3) Letters, short messages, emails, etc. exchanged between the two parties;

(4) It is very difficult to collect this kind of evidence in bed, so you can take photos and videos to get real evidence.

3. As for the division of divorce property, the court will generally take care of the innocent party.

3. What are the criteria for the division of property in the case of unilateral cheating divorce?

1. Both parties decide through consultation. According to the provisions of the first paragraph of Article 39 of the Marriage Law, "at the time of divorce, the property of husband and wife shall be handled by both parties through consultation", that is to say, the division of property by husband and wife at the time of divorce shall be carried out under the principle of consensus and cannot be decided by one party.

2. Gender equality. According to the principle of "equality between men and women" stipulated in the first paragraph of Article 2 of the Marriage Law, women should not be discriminated against, and women should not be considered to earn less. When the husband and wife divide the property, they should respect and protect women's rights.

3. Take care of the rights and interests of children and women. If consultation fails in accordance with the provisions of the second paragraph of Article 39 of the Marriage Law, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

4. The principle of compensation. According to the provisions of Article 4 of the Marriage Law, "if one party pays more obligations for raising children, caring for the elderly and assisting the other party in work, it has the right to ask for compensation from the other party at the time of divorce, and the other party shall make compensation." Refers to the division of husband and wife's property according to law, one party who pays more obligations may ask the other party for compensation, which is paid from the divided property, and if the divided property is insufficient, it will be supplemented from his personal property.

5. The principle of taking care of the innocent party. That is, if one party is not at fault, it should divide the property between husband and wife.