(1) When a matrimonial engagement has been dissolved between parties, one party may claim against the other party in negligence the damages therefrom.
(2) In paragraph (1), the negligent party shall be liable for damages from mental anguish in addition to property damages.
(3) Claims for damages from mental anguish may not be assigned or succeeded; provided, this shall not apply to the case where a contract concerning indemnity has already been entered into between the parties or a legal action on a claim for damages has been instituted.