The Things They Didn t Tell You About Divorce Procedures

De Wikifliping

Divorce procedures in China are governed through the Marriage Law of the People's Republic of China, which was last amended in 2019. The law outlines the necessities and procedures for obtaining a divorce in China, as well as the rights and responsibilities of the parties involved.

You can find two main ways to obtain a divorce in China: through mediation or through litigation. Mediation is the preferred method of divorce in China, as it is typically faster, less expensive, and less adversarial than litigation.

Mediation is a process by which a neutral third party, described as a mediator, helps the parties reach an agreement on the terms of their divorce. Mediation can be conducted through a government-affiliated mediation center, or through a private mediator.

To initiate mediation, one of the parties must submit a divorce services application to a mediation center or private mediator. The application must include the personal information of both parties, and also the reason for the divorce. The mediator will then schedule a mediation session with both parties.

During the mediation session, the mediator should help the parties communicate and try and reach an agreement on the terms of their divorce. These terms may include the division of property, child custody and support, and alimony. If the parties reach an agreement, the mediator will draft a divorce agreement, which must be signed by both parties.

Once the divorce agreement is signed, it has to be submitted to the local civil affairs bureau for approval. If the bureau finds that the divorce agreement is in compliance with the law, it's going to issue a divorce certificate.

In the event the parties are unable to reach an agreement through mediation, they may decide to proceed with litigation. Within this case, one of the parties must file a divorce lawsuit with the local people's court. The court will then schedule a hearing and make a decision on the terms of the divorce.

The court will consider factors such as the length of the marriage, the causes of the divorce, as well as the best interests of any children involved. The court will also look at the division of property and the payment of alimony. In the event the court finds that the divorce is in compliance with the law, it's going to issue a divorce judgement.

In China, the grounds for divorce are in line with the principle of fault. This means among the parties must be deemed at fault for the breakdown of the marriage. The grounds for divorce include:

Adultery: This really is when among the parties has engaged in extramarital sexual relations.

Desertion: This really is when among the parties has abandoned the other for at least 1 year.

Bigamy: This is when one of the parties has entered into a subsequent marriage while still legally married.

Domestic violence: This really is when among the parties has committed acts of domestic violence against another.

Drug addiction: This really is when among the parties has a drug addiction and refuses to seek treatment.

Other serious reasons: This consists of serious reasons that produce it impossible for the parties to continue living together.

In China, property acquired through the marriage is recognized as joint property, and is subject to division upon divorce. The court will consider factors for example the length of the marriage, the contributions of each party, and also the needs of the children when dividing property.

Child custody and support will also be important issues that can be considered during a divorce in China. The court will think about the best interests of the child, and the fitness of each parent, when making a decision on child custody. The court may also order the non-custodial parent to pay child support.