Should I be legally responsible for cheating before marriage?

No, before marriage, both men and women did not form a husband-and-wife relationship, and one party had sex with others before marriage, which was not an extramarital affair and did not bear legal responsibility. If one party cheats after marriage, it will violate the duty of loyalty and bear certain responsibilities.

1, without legal responsibility.

2. Before marriage, both men and women did not form a husband-and-wife relationship. Having sex with others before marriage is not an affair and does not bear legal responsibility.

If one party cheats after marriage and violates the duty of loyalty, it will bear certain responsibilities.

Second, how to obtain evidence for marital infidelity

1. Save electronic evidence. It can be used to collect such evidence as SMS, email, QQ chat record, WeChat chat record and so on between husband and wife and the object of affair. After getting the mobile phone, you can entrust the public security department to handle such evidence in a fixed way. If the conditions don't allow, you can find a way to save it yourself. Mobile phone messages can be taken with your mobile phone with a digital camera, and computer and network data can be intercepted and saved in full screen.

2. Save written evidence

(1) Written materials in the form of "confession", "confession", "guarantee" and "agreement" written by one of the spouses at the early stage of the sudden exposure of the extramarital affair because of their emotional urgency or remorse;

(2) Records of police intervention in cases of whoring and illegal cohabitation by one party to the marriage;

(3) The decision documents and materials that can be obtained by the employer when it discovers the whoring incident and extramarital affairs of one party to the marriage;

(4) Written materials about extramarital affairs or illegal cohabitation written by insiders or witnesses.

3. Collect audio-visual evidence

(1) The recorded information about extramarital affairs negotiations is mainly collected by the parties themselves;

(2) Entrust a third-party investigation company and private detective to collect videos and photos of the cheating party and the third party's pairing, hugging or entering and leaving the room in public places, which is safer and more reliable and has independent evidence effect.

4. Collect on-site evidence. Collect on-the-spot evidence of catching him in bed. Let's make a video to explain the problem. This kind of evidence is difficult to collect, and it is also easy to cause fierce real conflicts; It should be noted that there is great controversy in the judicial field about the collection method of such evidence; It is risky and precedent for the defendant to go to court for allegedly infringing on the personal privacy of a third party. So you can consult a professional lawyer before collecting this kind of evidence, because the lawyer will tell you how to do it legally and effectively with his professional knowledge and experience in handling cases.

legal ground

People's Republic of China (PRC) Civil Code

Article 1043rd A family should establish a good family style, carry forward family virtues and attach importance to the construction of family civilization. Husband and wife should be loyal to each other, respect each other and care for each other; Family members should respect the old and love the young, help each other and maintain equal, harmonious and civilized marriage and family relations.