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New judicial regulations to address marriage and family disputes starting Feb. 1

Writer:   |  Editor: Zhang Zhiqing  |  From: Shenzhen Daily  |  Updated: 2025-01-21

The "Interpretation II of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China" has been unveiled Jan. 15 and is set to be enforced from Feb. 1. With 23 detailed articles, this judicial interpretation aims to maintain public order, protect individual property rights, and cater to the well-being of families, particularly safeguarding the upbringing of minors.

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Key areas covered by this interpretation include handling disputes related to parental contributions to post-marriage property acquisitions for their children and the division of marital property based on crucial factors like the duration of marriage, shared life, child-rearing responsibilities, and fault during divorce proceedings. Notably, the legislation staunchly prohibits bigamy, establishing stringent guidelines that nullify any attempts to violate public order and customs through the disposition of conjugal property.

In cases of insincere behavior impacting creditors during divorce, the interpretation demands fair consideration for affected parties, encompassing aspects like conjugal property division and child support. Additionally, provisions regarding the allocation of conjugal property to underage children post-divorce and the enforcement of alimony agreements have been clearly outlined to ensure fairness and protection for all involved.

Crucially, "Interpretation II" also addresses scenarios where one spouse unilaterally transfers shared assets to a third party without consent, emphasizing the need to uphold the shared property interests of both partners. These regulations seek to promote equitable resolutions in marital and family disputes, emphasizing the importance of fair treatment and legal protection for all parties involved.

The "Interpretation II of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China" has been unveiled Jan. 15 and is set to be enforced from Feb. 1.