Divorce (China)
Under the law of the People's Republic of China, a marriage can be dissolved through divorce . The divorce is regulated in Chapter 4 (§§ 31–42) of the Marriage Act (中华人民共和国 婚姻法).
Requirements for divorce
The divorce of the marriage takes place - without previous separation - either by divorce agreement or by court judgment. In the case of a divorce agreement, according to Section 31 of the Marriage Act, the spouses must apply for a divorce at the competent registry authority. If only one party requests a divorce, a mandatory arbitration procedure must be carried out according to Section 32 of the Marriage Act. According to Section 32 (2) of the Marriage Act, the only reason for divorce is the breakdown of the marriage (incompatibility of characters). Under the conditions of Section 32 (3) (e.g. plural marriage, domestic violence), the breakdown of the marriage is faked and the court must divorce the marriage. If the spouse of a member of the military wants a divorce, his or her consent is generally required under Section 34 of the Marriage Act. During a pregnancy and up to a year after the birth of a child or six months after the termination of pregnancy, the husband may not request a divorce (Section 34 of the Marriage Act).
Consequences of divorce
The marriage is dissolved through divorce. The family relationships to the children remain unaffected by the divorce according to § 36. If the marriage takes place by means of a divorce agreement, this shall regulate custody, asset allocation, maintenance and training costs and visiting rights.
literature
- Yitong Liu: International marriage, divorce and adoption according to the law of the PRC in comparison with German and European law . Verlag für Standesamtwesen, Frankfurt am Main 2005, ISBN 3-8019-0414-8 (also Diss. Berlin 2005).