Divorce in China-What Options You Have?

If for some reason, the couple have to split up, what to do in China?

There are two options.

1. Split up peacefully by signing a divorce agreement.

Under this situation, the couple shall apply to local Civil Affairs Bureau for divorce. The Civil Affairs Bureau will issue a Certificate of Divorce if they are convinced that:  

1) the couple are indeed willing to split up and;

2) they have made proper arrangements for bring-up of kids and have properly disposed of their asset.

2. File a lawsuit if can’t split up peacefully.

If either the husband or wife doesn’t want to split up, or if though the couple both want to split up, but fail to reach an agreement about how to bring up the kids or dispose their asset, then either party could file a lawsuit to get divorced.

Just like in any civil cases, the couple may hire lawyer to represent themselves in the court. However, the couple should participate in the court hearing in person even they already hired a lawyer.

As a rule, the court shall make mediations during court hearing, which is a necessary procedure in a divorce suit. Divorce shall be granted if mediation fails and the judge is convinced that mutual affection between the couple doesn’t exist any more.

Besides, if any of the following circumstances occurs and mediation fails, divorce will be granted:
a. either party is a bigamist or co-habits with a third party;
b. there is domestic violence or abuse or abandonment of any family member;
c. either party is indulged in gambling, drug-abuse or has other vicious habits；
d. the couple have been separated due to emotional incompatibility for up to two years;
e. other circumstances that lead to breakdown of the couple’s feelings.

However, the husband may not file a divorce suit when his wife is pregnant, or within one year after giving birth to a kid, or within six months after interruption of pregnancy. But usually, this restriction shall not apply to the case where the wife files a divorce suit.

3. How to split asset

As mentioned in our previous blog: Personal Asset or Family Asset? both husband and wife have equal right in the disposal of the family asset, so usually split of the family asset is fifty-fifty.

both husband and wife have equal right in the disposal of the family asset, so usually split of the family asset is fifty-fifty.

However, In any of the following circumstances, the innocent party shall be entitled to claim damages:
a. bigamy;
b. co-habitats with a third person;
c. domestic violence;
d. abuse or abandonment of any family member.

4. Who to bring up the kids

Either parent has the right and the obligation of upbringing their children, even if after divorce.

Usually, kids during lactation shall be brought up by their mother.

For kids after lactation, the judge will make the decision based on the specific conditions of both parties, such as the income level, education background, personality and relationship between the kids and parent, sometimes, the parent’s respective family will be taken into consideration too, such as if the grandparent is willing to support the parent to bring up the kids. In one word, the judge will consider which way is better for the kids, sometimes they will consider if the kids used to be taken care of by dad or mom.

For kids over ten years old, the judge will consider their personal willingness too.  

Is it clear enough?