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China's divorce laws, effective February 2025, place a strong emphasis on financial contributions for property division, shifting away from the previous automatic 50/50 split.
Under the new law, ownership is determined by who paid for the asset, even if the other spouse's name was later added to the title. Furthermore, property gifted to one spouse by their parents remains their separate property, not subject to division.
Here's a more detailed breakdown:
Property Division:
"Who Pays, Owns": The core principle is that the person who financially contributed to the purchase of an asset retains ownership upon divorce, regardless of whether the other spouse's name is on the title.
No Automatic 50/50 Split: The law moves away from the previous practice of automatically dividing marital property equally.
Gifts to Individuals: Property gifted to one spouse by their family remains their separate property and is not subject to division.
Consideration of Contributions: While ownership is primarily determined by financial contribution, courts may still consider other factors like the length of the marriage and non-financial contributions (though these may hold less weight).
Other Key Changes:
Alimony Abolished: Alimony, or financial support for a spouse after divorce, is no longer a legal obligation in China.
Children's Support: Courts can still order child support payments from one parent to the other if there are children involved.
Cooling-off Period: A 30-day "cooling-off" period is in place for couples considering divorce, allowing them to reconsider their decision.
Registration of Divorce: Uncontested divorces can be registered at the civil affairs department without court involvement, but the 30-day cooling-off period applies.
Under the new law, ownership is determined by who paid for the asset, even if the other spouse's name was later added to the title. Furthermore, property gifted to one spouse by their parents remains their separate property, not subject to division.
Here's a more detailed breakdown:
Property Division:
"Who Pays, Owns": The core principle is that the person who financially contributed to the purchase of an asset retains ownership upon divorce, regardless of whether the other spouse's name is on the title.
No Automatic 50/50 Split: The law moves away from the previous practice of automatically dividing marital property equally.
Gifts to Individuals: Property gifted to one spouse by their family remains their separate property and is not subject to division.
Consideration of Contributions: While ownership is primarily determined by financial contribution, courts may still consider other factors like the length of the marriage and non-financial contributions (though these may hold less weight).
Other Key Changes:
Alimony Abolished: Alimony, or financial support for a spouse after divorce, is no longer a legal obligation in China.
Children's Support: Courts can still order child support payments from one parent to the other if there are children involved.
Cooling-off Period: A 30-day "cooling-off" period is in place for couples considering divorce, allowing them to reconsider their decision.
Registration of Divorce: Uncontested divorces can be registered at the civil affairs department without court involvement, but the 30-day cooling-off period applies.
