Divorce Law under China Civil Code

Divorce Law under China Civil Code

China's new civil code, which came into effect on January 1, 2021, consolidates various civil laws into one comprehensive legal framework. One of the key areas addressed in the civil code is divorce law. In this essay, I will discuss the divorce law under China's new civil code, its key features, and how it differs from the previous law.

One of the significant changes under China's new civil code is that it replaces the previous divorce law, which was a separate law enacted in 2001. The new law provides a more comprehensive and detailed framework for divorce, covering various aspects of the dissolution of marriage.

Under the new civil code, divorce can be initiated by either party, and there are two types of divorce: consensual divorce and contentious divorce. Consensual divorce is where both parties agree to the divorce and do not need to provide reasons for it. Contentious divorce, on the other hand, is where one or both parties disagree on the decision to divorce or have other disputes that need to be resolved.

The new civil code also introduces a cooling-off period for contentious divorces. This means that if one party files for divorce and the other party does not agree, there is a 30-day period in which the parties can reconcile and withdraw the divorce application. If the parties cannot reconcile during this period, the court will proceed with the divorce proceedings.

In terms of property division, the new civil code provides for an equal distribution of marital property in the case of divorce. This means that the property acquired during the marriage will be divided equally between the parties unless there is an agreement or a court ruling that specifies otherwise. In the case of property acquired before the marriage or inherited property, the new law provides that such property will not be divided in the event of a divorce.

Another key feature of the new civil code is that it places greater emphasis on protecting the rights of children in cases of divorce. The new law stipulates that both parents have a duty to care for and raise their children after a divorce. If the parents cannot agree on the custody of their children, the court will determine the custody based on the best interests of the child.

Finally, the new civil code also recognizes the importance of mediation and encourages parties to seek mediation as a means of resolving disputes in divorce cases. Mediation can be conducted by the parties themselves or through a mediation institution, and the parties can reach an agreement on the terms of their divorce through mediation.

To sum up, the new divorce law under China's civil code provides a comprehensive and detailed legal framework for the dissolution of marriage. The law provides for two types of divorce, a cooling-off period, an equal distribution of marital property, and greater protection for the rights of children in cases of divorce. The law also emphasizes the importance of mediation as a means of resolving disputes and promoting amicable resolutions to divorce cases. These changes reflect China's changing social and legal landscape and demonstrate the government's commitment to ensuring that divorce proceedings are fair, transparent, and in line with the needs of modern Chinese society.