China changes divorce law



Husband and wife will get equal custody of children.

In short divorce industry shut down in China .

China changes divorce law


Husband and wife will get equal custody of children

Details

China has introduced a new divorce law with the aim of making marriage registration easier and divorce proceedings more challenging. This includes a 30-day "cooling-off" period for couples to consider their decision before finalizing a divorce. The new law also shifts property division during divorce based on who paid for it, rather than equal division, potentially impacting women's property rights.

Here's a more detailed breakdown:

1. Easier Marriage, Harder Divorce:

Marriage:
The revised law aims to simplify the marriage registration process, removing regional restrictions.

Divorce:
A 30-day "cooling-off" period is introduced, allowing couples to reconsider their decision to divorce. If either party changes their mind during this period, they can withdraw the divorce application.

2. Property Division Changes:
Ownership based on payment:
The new law dictates that whoever paid for a property generally retains ownership, even if the other spouse's name was added to the noscript after marriage.

Gifts to the husband:
Property gifted to the husband by his parents will not be considered shared matrimonial property and will remain his property after divorce.

3. Impact and Controversy:
Gender inequality concerns:
Critics argue the changes disproportionately affect women, making it harder for them to leave potentially abusive or unhappy marriages.
Goal of promoting marriage and family:
The law is intended to encourage marriage and family stability in the face of declining marriage rates and birth rates.
Social media backlash:
The new law has drawn criticism on Chinese social media, with some expressing frustration about the increased difficulty of divorce.

4. Other aspects of divorce in China:
Mutual agreement:
Couples can divorce by mutual agreement, requiring a written agreement signed by both parties and filed with the Civil Administration Department.

Litigation:
Divorce can also be pursued through legal proceedings if a mutual agreement cannot be reached.

Grounds for divorce:
Chinese courts consider factors such as adultery, domestic violence, abandonment, and persistent bad habits when deciding whether to grant a divorce.

Child custody:
Both parents retain custody of their children after divorce, unless there are extenuating circumstances.

Spousal maintenance:
There is generally no spousal maintenance awarded in China after divorce, unless agreed upon by the parties.

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