Divorce in China - grounds and how to issue

Legal Aspects of Divorce in China:

1. Divorce by agreement of the parties, provided that after both parties have reached an agreement, they apply to the Department of Civil Affairs for a divorce procedure based on unanimous opinion.


2. If the agreement is not fulfilled, either party may file a lawsuit in the local court for divorce from the other party and division of property to resolve the child's problem.


Legal basis:

Article 1076 of the Civil Code of the People's Republic of China: If a husband and wife divorce voluntarily, they must sign a written agreement for the dissolution of the marriage and personally apply for the registration of the divorce to the marriage registry office.


The divorce agreement must state the intention of both parties to divorce voluntarily and express their agreed opinions on issues such as child support, property, and debt settlement.

Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or file a divorce suit directly with the people's court. When a people's court hears a divorce case, it conducts mediation; if the relationship is indeed severed and the mediation is invalid, a permit for divorce is issued.


Under any of the following circumstances, a divorce must be granted:


(1) bigamy or cohabitation with another person;


(2) domestic violence or abuse or abandonment of family members;


(3) repeated abuse of vices such as gambling and drug abuse;


(4) separation due to emotional breakdown for more than two years;


(5) other reasons

Situations of rupture of relations between husband and wife. If one party is declared missing and the other party files for divorce, the divorce should be allowed.


After the people's court ruled that the divorce was not permitted, the two parties live apart for another year, and if one of the parties files a divorce suit again, the divorce will be granted.