China Marriage Law (Part 3)
CHAPTER IV: DIVORCE
Article 31: Divorce shall be granted subject to the free will of both parties to the marriage. Both parties shall apply for divorce before the competent marriage registrar. The competent marriage registrar shall issue each party a divorce certificate if it confirms that the divorce is based on the free will of both parties and the issues in respect of their children and property have been properly arranged.
Article 32: In case of either party's request for divorce, such party may apply for mediation before a competent entity or file a lawsuit for divorce directly to the people's court of jurisdiction.
The people's court shall mediate any divorce case first, and shall grant divorce if the mediation fails in case of alienation of affections between the parties. Divorce shall be granted if the mediation fails, in case of:
(1) either party's bigamy or cohabitation with any third party;
(2) either party's domestic violence, maltreatment or desertion of any family member;
(3) either party's gambling or drug addiction, or any other form of addiction or dependency which remains incorrigible;
(4) the parties' living separate and apart for at least two years due to alienation of affection; or
(5) any other circumstance which result in the alienation of affection.
Divorce shall be granted if either party is declared to be missing and the other party files a complaint for divorce.
Article 33: A claim for divorce filed by the spouse of an active-duty military service member shall be subject to the approval of such military service member, except in case of a material fault of such military service member.
Article 34: The man may not file for divorce during the woman's pregnancy, within one year after the woman's giving birth to a child, or within six months after the interruption of the woman's pregnancy. The provision of this Article shall not be applicable in case of the woman's claim for divorce or if the people's court deems it necessary to accept the man's compliant for divorce.
Article 35: Where the parties intend to remarry each other after their divorce, they shall appear in person before the competent marriage registrar to have their remarriage registered.
Article 36: The relationship between the parents and any child shall not be terminated due to the divorce of the parents. Any child shall remain the child of both parents regardless of whether such child is raised by either parent after the divorce of its parents.
Both parents shall still have the rights and obligations to raise and educate their child(ren) after their divorce.
Any child during lactation shall be raised by the breast-feeding mother in principle after divorce. Where the parties fail to reach an agreement in respect of raising of a child after lactation, the people's court shall make a verdict considering the child's rights and interests and the specific conditions of its parents.
Article 37: Where any child is to be raised by either parent after divorce of both parents, the other parent shall pay all or part of the child's costs of living and education to the parent raising the child, in the amount and for the period subject to agreement by both parties. In case of failure to reach an agreement, the dispute shall be subject to verdict by the people's court of jurisdiction.
Any agreement or verdict in respect of a child's costs of living and education shall be without prejudice to the child's reasonable claim for any amount from either parent beyond the amount in the agreement or verdict where necessary.
Article 38: Either parent who does not raise any child directly after divorce shall have the right to visit such child, and the other parent shall provide reasonable assistance.
The parents shall reach an agreement about how and when to visit the child. In case of failure to reach an agreement, the dispute shall be subject to verdict by the people's court of jurisdiction.
Where the visit by either parent is physically or mentally harmful to the child, the people's court of jurisdiction shall suspend such parent's right visit the child, which shall be granted upon termination of the cause for such suspension.
To be continued.
CHAPTER IV: DIVORCE
Article 31: Divorce shall be granted subject to the free will of both parties to the marriage. Both parties shall apply for divorce before the competent marriage registrar. The competent marriage registrar shall issue each party a divorce certificate if it confirms that the divorce is based on the free will of both parties and the issues in respect of their children and property have been properly arranged.
Article 32: In case of either party's request for divorce, such party may apply for mediation before a competent entity or file a lawsuit for divorce directly to the people's court of jurisdiction.
The people's court shall mediate any divorce case first, and shall grant divorce if the mediation fails in case of alienation of affections between the parties. Divorce shall be granted if the mediation fails, in case of:
(1) either party's bigamy or cohabitation with any third party;
(2) either party's domestic violence, maltreatment or desertion of any family member;
(3) either party's gambling or drug addiction, or any other form of addiction or dependency which remains incorrigible;
(4) the parties' living separate and apart for at least two years due to alienation of affection; or
(5) any other circumstance which result in the alienation of affection.
Divorce shall be granted if either party is declared to be missing and the other party files a complaint for divorce.
Article 33: A claim for divorce filed by the spouse of an active-duty military service member shall be subject to the approval of such military service member, except in case of a material fault of such military service member.
Article 34: The man may not file for divorce during the woman's pregnancy, within one year after the woman's giving birth to a child, or within six months after the interruption of the woman's pregnancy. The provision of this Article shall not be applicable in case of the woman's claim for divorce or if the people's court deems it necessary to accept the man's compliant for divorce.
Article 35: Where the parties intend to remarry each other after their divorce, they shall appear in person before the competent marriage registrar to have their remarriage registered.
Article 36: The relationship between the parents and any child shall not be terminated due to the divorce of the parents. Any child shall remain the child of both parents regardless of whether such child is raised by either parent after the divorce of its parents.
Both parents shall still have the rights and obligations to raise and educate their child(ren) after their divorce.
Any child during lactation shall be raised by the breast-feeding mother in principle after divorce. Where the parties fail to reach an agreement in respect of raising of a child after lactation, the people's court shall make a verdict considering the child's rights and interests and the specific conditions of its parents.
Article 37: Where any child is to be raised by either parent after divorce of both parents, the other parent shall pay all or part of the child's costs of living and education to the parent raising the child, in the amount and for the period subject to agreement by both parties. In case of failure to reach an agreement, the dispute shall be subject to verdict by the people's court of jurisdiction.
Any agreement or verdict in respect of a child's costs of living and education shall be without prejudice to the child's reasonable claim for any amount from either parent beyond the amount in the agreement or verdict where necessary.
Article 38: Either parent who does not raise any child directly after divorce shall have the right to visit such child, and the other parent shall provide reasonable assistance.
The parents shall reach an agreement about how and when to visit the child. In case of failure to reach an agreement, the dispute shall be subject to verdict by the people's court of jurisdiction.
Where the visit by either parent is physically or mentally harmful to the child, the people's court of jurisdiction shall suspend such parent's right visit the child, which shall be granted upon termination of the cause for such suspension.
To be continued.
