On January 15, 2025, the Supreme People's Court Released their Judicial interpretation on the Application of the Marriage and Family Section of the Civil Code of the PRC, we are now sharing the translation of the full text as follows:
To correctly hear cases of marriage and family disputes, this Interpretation is formulated in accordance with the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China and other relevant laws, and in combination with judicial practice.
Article 1 Where a party requests to confirm the invalidity of a bigamous marriage in accordance with Item 1, Article 1051 of the Civil Code, and when the lawsuit is filed, the legitimate marriage party has divorced or the spouse has died, and the defendant pleads that the subsequent marriage becomes valid from the occurrence of the above - mentioned circumstances, the people's court shall not support it.
Article 2 After a couple registers for divorce, if one party requests to confirm the invalidity of the divorce on the grounds that the expressions of the two parties' intentions are false, the people's court shall not support it.
Article 3 If a creditor of one spouse has evidence to prove that the property - division clause in the divorce agreement affects the realization of his/her claim and requests to revoke the relevant clause by referring to Article 538 or Article 539 of the Civil Code, the people's court shall comprehensively consider factors such as the overall division and performance of the couple's joint property, the burden of children's maintenance fees, and the fault in divorce, and support it according to law.
Article 4 In cases of disputes over the division of property in a co - habitation relationship where both parties have no spouse, for the property obtained during the co - habitation period, if there is an agreement, it shall be handled in accordance with the agreement; if there is no agreement and the parties fail to reach an agreement through consultation, the people's court shall handle it separately according to the following circumstances:
(1) Wages, bonuses, labor remuneration, income from intellectual property rights, property inherited or donated by each party, and income from individual production, operation, investment, etc. shall belong to each party respectively.
(2) Property jointly purchased, income from joint production, operation, investment, and other indistinguishable property shall be divided based on the respective contribution ratios, and comprehensively considering factors such as the co - living situation, whether there are common children, and the size of the contribution to the property.
Article 5 Before marriage or during the existence of the marriage relationship, if the parties agree to transfer and register a house owned by one party to the name of the other party or both parties, and when a divorce lawsuit is filed, the transfer registration of the house ownership has not been completed, and the two parties have a dispute over the ownership or division of the house and fail to reach an agreement through consultation, the people's court may, based on the parties' litigation requests, combined with the purpose of the grant, comprehensively consider factors such as the duration of the marriage relationship, the co - living and child - bearing situation, the fault in divorce, the size of the contribution to the family, and the market price of the house at the time of divorce, and decide that the house belongs to one of the parties, and determine whether the party obtaining the house should compensate the other party and the specific amount of compensation.
Before marriage or during the existence of the marriage relationship, if one party transfers and registers a house owned by him/her to the name of the other party or both parties, and in a divorce lawsuit, the two parties have a dispute over the ownership or division of the house and fail to reach an agreement through consultation, if the duration of the marriage relationship is short and the grantor has no major fault, the people's court may, based on the parties' litigation requests, decide that the house belongs to the grantor, and combined with the purpose of the grant, comprehensively consider factors such as the co - living and child - bearing situation, the fault in divorce, the size of the contribution to the family, and the market price of the house at the time of divorce, and determine whether the party obtaining the house should compensate the other party and the specific amount of compensation.
If the grantor has evidence to prove that the other party has committed fraud, coercion, seriously infringed on the legitimate rights and interests of the grantor or his/her close relatives, or failed to fulfill the obligation of support to the grantor, etc., and requests to revoke the civil legal act stipulated in the previous two paragraphs, the people's court shall support it according to law.
Article 6 If one spouse rewards a live - streaming platform with the couple's joint property without the consent of the other spouse, and the amount significantly exceeds the general consumption level of the family, seriously damaging the interests of the couple's joint property, it can be determined as "squandering" as stipulated in Article 1066 and Article 1092 of the Civil Code. If the other party requests to divide the couple's joint property during the existence of the marriage relationship, or requests to allocate less or no property to the rewarding party when dividing the couple's joint property in divorce, the people's court shall support it.
Article 7 If one spouse, for the purpose of bigamy, co - habiting with others, or other violations of the duty of loyalty between spouses, donates the couple's joint property to others or disposes of the couple's joint property at an obviously unreasonable price, and the other party claims that this civil legal act is invalid for violating public order and good customs, the people's court shall support it and handle it in accordance with Article 157 of the Civil Code.
If one spouse is in the situation stipulated in the previous paragraph, and the other party, on the grounds that this party has transferred or sold the couple's joint property, seriously damaging the interests of the couple's joint property, requests to divide the couple's joint property during the existence of the marriage relationship in accordance with Article 1066 of the Civil Code, or requests to allocate less or no property to this party when dividing the couple's joint property in divorce in accordance with Article 1092 of the Civil Code, the people's court shall support it.
Article 8 During the existence of the marriage relationship, if a couple purchases a house and the full amount is funded by the parents of one party, if the gift contract clearly stipulates that it is only given to the child of this party, it shall be handled in accordance with the agreement; if there is no agreement or the agreement is not clear, when dividing the couple's joint property in divorce, the people's court may decide that the house belongs to the child of the fund - providing party, and comprehensively consider factors such as the co - living and child - bearing situation, the fault in divorce, the size of the contribution to the family, and the market price of the house at the time of divorce, and determine whether the party obtaining the house should compensate the other party and the specific amount of compensation.
During the existence of the marriage relationship, if a couple purchases a house and part of the amount is funded by the parents of one party or the parents of both parties, if the gift contract clearly stipulates that the corresponding funds are only given to the child of this party, it shall be handled in accordance with the agreement; if there is no agreement or the agreement is not clear, when dividing the couple's joint property in divorce, the people's court may, based on the parties' litigation requests, based on the source and proportion of the funds, comprehensively consider factors such as the co - living and child - bearing situation, the fault in divorce, the size of the contribution to the family, and the market price of the house at the time of divorce, and decide that the house belongs to one of the parties, and the party obtaining the house shall make a reasonable compensation to the other party.
Article 9 If one spouse transfers the equity of a limited liability company invested with the couple's joint property but registered in his/her own name, and the other party requests to confirm the invalidity of the equity transfer contract on the grounds that it has been transferred without his/her consent and has infringed on the interests of the couple's joint property, the people's court shall not support it, unless there is evidence to prove that the transferor and the transferee maliciously collude to damage the legitimate rights and interests of the other party.
Article 10 If a couple invests in a limited liability company with joint property and both are registered as shareholders, and the two parties have no agreement or the agreement is not clear on the ownership of the corresponding equity, when divorcing, if one party requests to determine the equity - division ratio according to the respective capital contributions recorded in the shareholder register or the company's articles of association, the people's court shall not support it; for the parties' request to divide the couple's joint property, the people's court shall handle it in accordance with Article 1087 of the Civil Code.
Article 11 If one spouse claims that the other spouse's renunciation of inheritance is invalid on the grounds that the property that the other spouse can inherit is the couple's joint property and the renunciation of inheritance infringes on the interests of the couple's joint property, the people's court shall not support it, unless there is evidence to prove that the renunciation of inheritance makes the party renouncing unable to fulfill the legal obligation of support.
Article 12 If one parent or his/her close relatives snatch or hide a minor child, and the other party applies to the people's court for a personal safety protection order or applies for a personal rights infringement injunction by referring to Article 997 of the Civil Code, the people's court shall support it according to law.
If the party who snatches or hides the minor child claims that there are reasonable reasons for his/her act of snatching or hiding on the grounds that the other party has committed serious violations of the legitimate rights and interests of the minor child, such as gambling, drug use, domestic violence, etc., the people's court shall inform him/her to solve the problem through legal channels such as revoking the guardianship qualification, suspending the visitation right or changing the custody relationship. If the party fails to provide evidence to prove the above - mentioned claim and fails to file a relevant request within a reasonable time limit, the people's court shall handle it in accordance with the previous paragraph.
Article 13 During the period of separation of the couple, if one party or his/her close relatives snatch or hide the minor child, making it impossible for the other party to perform the guardianship duties, and the other party requests the actor to bear civil liability, the people's court may, by referring to the relevant provisions on the custody of children after divorce in Article 1084 of the Civil Code, temporarily determine the custody of the minor child, and clarify that the party who temporarily directly takes care of the minor child has the obligation to assist the other party in performing the guardianship duties.
Article 14 In a divorce lawsuit, if both parents request to directly raise a minor child who has reached the age of two, and one party has one of the following circumstances, the people's court shall, in accordance with the principle of being most beneficial to the minor child, give priority to considering that the other party directly raises the child:
(1) Committing domestic violence, abusing or abandoning family members;
(2) Having bad habits such as gambling and drug use;
(3) Committing bigamy, co - habiting with others or other serious violations of the duty of loyalty between spouses;
(4) Snatching or hiding the minor child and the other party does not have serious violations of the legitimate rights and interests of the minor child as described in Item 1 or Item 2 of this Article;
(5) Other circumstances that are not conducive to the physical and mental health of the minor child.
Article 15 After both parents, as legal representatives, dispose of a house purchased with the couple's joint property and registered in the name of the minor child, and then claim that this civil legal act is invalid against the counter - party on the grounds that it violates Article 35 of the Civil Code and damages the interests of the minor child, the people's court shall not support it.
Article 16 The agreement in the divorce agreement that one party directly raises a minor child or an adult child who cannot live independently and the other party does not bear the maintenance fee is legally binding on both parties. However, after divorce, if the economic situation of the party directly raising the child changes, resulting in a significant reduction in the original living standard, or if the necessary and reasonable expenses for the child's life, education, medical treatment, etc. have significantly increased, and the minor child or the adult child who cannot live independently requests the other party to pay the maintenance fee, the people's court shall support it according to law, and comprehensively consider factors such as the overall agreement of the divorce agreement, the actual needs of the child, the affordability of the other party, and the local living standard to determine the amount of the maintenance fee.
Under the circumstances of the proviso in the previous paragraph, if the other party requests to change the custody relationship on the grounds that the party directly raising the child has no ability to raise the child, the people's court shall handle it in accordance with Article 1084 of the Civil Code.
Article 17 After divorce, if the party who does not directly raise the child fails to pay the maintenance fee as agreed in the divorce agreement or as promised in other ways, and the minor child or the adult child who cannot live independently requests him/her to pay the outstanding maintenance fee, the people's court shall support it.
Under the circumstances stipulated in the previous paragraph, if the child has reached adulthood and can live independently, and the party directly raising the child requests the other party to pay the outstanding expenses, the people's court shall support it according to law.
Article 18 For the fact that a step - child is raised and educated by a step - father or step - mother as stipulated in Article 1072 of the Civil Code, the people's court shall, based on the length of the co - living time, comprehensively consider factors such as whether the step - parents actually provide daily care, whether they fulfill the duties of family education, and whether they bear the maintenance fee during the co - living period for determination.
Article 19 After the biological father and the step - mother or the biological mother and the step - father divorce, if the parties claim that the rights and obligations between the step - father or step - mother and the step - child who has been raised and educated by him/her no longer apply to the provisions of the Civil Code on the relationship between parents and children, the people's court shall support it, except that there is an established adoption relationship between the step - father or step - mother and the step - child or the step - child still lives with the step - father or step - mother.
After the relationship between step - parents and step - children is dissolved, if the step - father or step - mother who lacks the ability to work and has no source of income requests the adult step - child who has been raised and educated by him/her to pay alimony, the people's court may, comprehensively considering factors such as the situation of raising and educating, and the affordability of the adult step - child, support it according to law, except that the step - father or step - mother has ever abused or abandoned the step - child.
Article 20 If the divorce agreement stipulates that part or all of the couple's joint property is given to the children, after divorce, if one party requests to revoke this agreement before the transfer of property rights, the people's court shall not support it, unless the other party agrees.
If one party fails to perform the obligations stipulated in the divorce agreement in the previous paragraph, and the other party requests him/her to bear civil liabilities such as continued performance or compensation for losses due to inability to perform, the people's court shall support it according to law.
If the two parties clearly stipulate in the divorce agreement that the children can directly claim rights to the relevant property in Paragraph 1 of this Article, and one party fails to perform the obligations stipulated in the divorce agreement, and the children request to apply Paragraph 2, Article 552 of the Civil Code by referring to it, and require this party to bear civil liabilities such as continued performance or compensation for losses due to inability to perform, the people's court shall support it according to law.
If the divorce agreement stipulates that part or all of the couple's joint property is given to the children, after divorce, if one party has evidence to prove that there are circumstances such as fraud or coercion when signing the divorce agreement and requests to revoke this agreement, the people's court shall support it according to law; if the parties simultaneously request to divide this part of the couple's joint property, the people's court shall handle it in accordance with Article 1087 of the Civil Code.
Article 21 In a divorce lawsuit, if one spouse has evidence to prove that he/she has borne more obligations in raising children, taking care of the elderly, assisting the other party in work, etc. during the existence of the marriage relationship, and requests the other party to give compensation in accordance with Article 1088 of the Civil Code, the people's court may, comprehensively considering factors such as the time and energy invested in bearing the corresponding obligations, the impact on both parties, the affordability of the compensating party, and the per capita disposable income of local residents, determine the amount of compensation.
Article 22 In a divorce lawsuit, if one party is in a difficult living situation such as old age, disability, or serious illness, and requests the other party with the ability to pay to give appropriate assistance in accordance with Article 1090 of the Civil Code, the people's court may, based on the parties' requests, combined with the property situation of the other party, support it according to law.
Article 23 This Interpretation shall come into force on February 1, 2025.
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