New changes in China divorce law

New changes in China divorce law

In China, the legal framework governing divorce has undergone significant changes with the introduction of the new Civil Code, which came into effect on January 1, 2021. The new Civil Code replaces several separate laws that previously governed marriage and family, and it provides a more comprehensive legal framework for resolving issues related to divorce. We will discuss the key features of the divorce law under the China Civil Code. The recently implemented China Civil Code has brought significant changes to divorce law in China. The new code, which came into effect in January 2021, provides clearer guidelines for divorce proceedings and aims to protect the rights and interests of all parties involved.

Under the new law, there are now two grounds for divorce: mutual consent and fault-based. Mutual consent divorce is now the default option and can be initiated by either party. Couples can apply for a mutual consent divorce if they both agree to end the marriage and have made arrangements for the division of property and child custody. If there is no agreement on the division of property or child custody, the court can make a ruling based on the circumstances of the case.
Fault-based divorce can be initiated if one party has committed a serious breach of marital obligations, such as adultery, domestic violence, or abandonment. In such cases, the innocent party can file for divorce and request compensation for any economic losses suffered as a result of the other party's actions.

One of the significant changes in the China Civil Code regarding divorce is the introduction of a cooling-off period. This period requires couples to wait for 30 days after submitting their divorce application before the divorce is officially granted. The cooling-off period is designed to provide couples with a chance to reconsider their decision and seek counseling or mediation if necessary.

Another significant change under the China Civil Code is that the default property division in divorce is now a 50-50 split. Previously, property division in a divorce was based on the “family contributions” of each spouse, which could lead to inequitable outcomes. The new law aims to provide a fair and equitable distribution of property in divorce cases, reflecting the value of both spouses' contributions to the marriage.

The China Civil Code also introduces new provisions related to child custody and support. In the event of a divorce, the court will now consider the best interests of the child and will award custody to the parent who is best suited to provide for the child's physical and emotional needs. The new law also provides for child support payments from the non-custodial parent, which can be enforced by the court.

Another significant change is the requirement for both parties to attend a divorce mediation session. The mediation session aims to assist the couple in negotiating and resolving any issues concerning property division, child custody, and visitation rights. The mediation session is a compulsory step in the divorce process and is an attempt to reduce the number of contentious and prolonged divorce cases.

The China Civil Code also aims to address the issue of “quickie divorces,” which were previously prevalent in China. These divorces, which involved a couple obtaining a divorce without the necessary legal procedures, led to many legal disputes and unfair outcomes. The new law requires couples to go through a more rigorous process to obtain a divorce, which is designed to prevent “quickie divorces” and ensure that all parties are protected.

To sum up, the divorce law provisions under the China Civil Code reflect significant changes in the legal framework governing marriage and divorce in China. The new law introduces a cooling-off period, default property division, and provisions related to child custody and support. The changes aim to provide a more equitable and just legal framework for divorce, reflecting the evolving social norms and values in China. While the cultural stigma surrounding divorce remains a challenge, the China Civil Code is an important step towards providing a fair and just legal framework for all parties involved in a divorce.