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The other party firmly disagrees with the divorce. How can I get a quick divorce?

For every adult, marriage is an important part of life. As the saying goes, it is better to dismantle ten temples than to destroy a marriage. Marriage is not easy, and the decision to divorce should be made with caution. However, if the feelings between the couple have indeed come to an end, how can one quickly dissolve the marriage relationship?

Part One: Legal Divorce Methods

There are two types of legal divorce methods:

The first is divorce by agreement, which means both parties agree to divorce and can reach a consensus on issues such as property division, child custody, and debts. Both parties can go to the civil affairs bureau to handle the divorce procedures together.

The second is divorce by litigation, which means that if either party disagrees with the divorce, or if both parties agree to divorce but cannot reach a consensus on property division, child custody, or debt handling, either spouse can file a lawsuit in court, and the court will adjudicate or mediate the divorce.

Apart from these two methods, there are no other divorce methods; claims such as automatic divorce after two years of separation are misconceptions.

Analysis of the Pros and Cons of Divorce by Agreement and Litigation#

According to the provisions of the Civil Code and relevant laws, the marriage relationship between spouses can only be dissolved in two ways: the first is divorce by agreement; the second is divorce by litigation.

(1) Analysis of the Pros and Cons of Divorce by Agreement
Divorce by agreement refers to the voluntary dissolution of the marriage relationship by both parties, who reach an agreement on related legal issues concerning the divorce. After the marriage registration authority issues a divorce certificate, the marriage relationship is terminated.

According to Article 1077 of the Civil Code, within 30 days from the date the marriage registration authority receives the divorce registration application, if either party does not wish to divorce, they can withdraw the divorce registration application from the marriage registration authority. If the deadline expires and within 30 days thereafter, both parties must personally apply to the marriage registration authority for the issuance of a divorce certificate; if they do not apply, it is deemed that they have withdrawn the divorce registration application. The Civil Code has specifically established a "cooling-off period" for divorce, changing the situation of "immediate application and immediate divorce," which is beneficial for prompting the parties to think calmly and avoid impulsive and hasty divorces. Currently, it seems that the cooling-off period for divorce only applies to divorce by agreement and does not apply to divorce by litigation. During the cooling-off period, either party has the right to change their mind and withdraw the divorce registration application from the marriage registration authority. Even if the marriage registration authority accepts the divorce application during the cooling-off period, the marriage relationship will not be dissolved; after the cooling-off period, if the parties do not personally apply to the marriage registration authority for the issuance of a divorce certificate within 30 days, it is deemed that both parties have withdrawn the divorce registration application, and the marriage relationship will not be automatically dissolved.

1. Advantages of Divorce by Agreement
   As previously analyzed, the methods of divorce are either divorce by agreement or divorce by litigation. Under the premise that both spouses agree to divorce, unless they cannot reach a consensus on issues such as child custody, property division, and debt responsibility, in normal circumstances, considering the many advantages of divorce by agreement, most parties will choose to dissolve their marriage through this method.

Divorce by agreement is relatively quick and easy, has strong confidentiality, and is a way of "parting on good terms," fully reflecting the "freedom to divorce" in marital freedom, making it the preferred method for parties seeking divorce. The main advantages of divorce by agreement are as follows:

(1) Quick and Easy
Although Article 1077 of the Civil Code sets a 30-day cooling-off period for divorce, if both parties are determined to divorce, they can apply to the marriage registration authority for the issuance of a divorce certificate within 30 days after the cooling-off period expires. Compared to divorce by litigation, divorce by agreement takes less time and is one of the best ways to save time costs (the court's pre-litigation mediation process is also a quick way).

In contrast, for divorce by litigation, if the simplified procedure is applicable, it takes about 3 months from filing to the first-instance judgment. If the ordinary procedure is applicable, it takes about 6 months from filing to the first-instance judgment. If one party is dissatisfied with the judgment, the second-instance procedure takes another 3 months; if the first-instance judgment does not permit divorce, and neither party appeals, the plaintiff cannot file for divorce again within 6 months after the judgment becomes effective without new circumstances or reasons. Therefore, compared to divorce by litigation, divorce by agreement is relatively quick.

(2) No Fees Required
On March 15, 2017, the "Notice on Cleaning Up and Regulating a Batch of Administrative and Institutional Charges" issued by the Ministry of Finance and the National Development and Reform Commission abolished the marriage registration fee, meaning that there are no longer any fees for processing divorce by agreement. In divorce by litigation, the court charges litigation fees based on the case and a certain percentage of the litigation amount. According to the "Measures for the Payment of Litigation Costs" implemented from April 1, 2007, the litigation fee for divorce cases ranges from 50 to 300 yuan. For property division, if the total property does not exceed 200,000 yuan, no additional fees are charged; for amounts exceeding 200,000 yuan, a fee of 0.5% is charged. Based on the above standards, the case acceptance fee for divorce disputes is at least 50 yuan, and can go up to several thousand, tens of thousands, or even hundreds of thousands of yuan. According to the "Several Opinions on the Application of the 'Measures for the Payment of Litigation Costs'" issued by the Beijing Higher People's Court and the "Notice on the Standards for Litigation Acceptance Fees for Non-Property Civil Cases" issued by the Beijing Development and Reform Commission and the Beijing Finance Bureau, divorce cases in Beijing (involving property under 200,000 yuan) require a fee of 150 yuan per case, and if processed under the simplified procedure, a fee of 75 yuan per case. If the divorce case involves evaluation, auditing, property preservation, etc., additional fees must be paid.

(3) Narrow Scope of Involvement, Strong Privacy
If both parties choose to divorce by agreement, they can avoid "outsiders" knowing their "domestic affairs," and the specific matters are handled entirely by both parties, with knowledge limited to themselves or their close friends and family; in the process of divorce by agreement involving lawyers, the number of people who know increases only to the lawyers, unlike divorce by litigation, where the knowledge extends to the court system due to the delivery of litigation documents, and possibly judicial identification, auditing, evaluation, and witness testimony, which further expands the scope of knowledge to neighbors, workplaces, identification agencies, etc. If there is a public announcement, the scope may also involve unspecified third parties. Therefore, the divorce by agreement method has a narrow scope of involvement. Due to the need to adhere to professional ethical standards, lawyers often keep confidential the information they learn about divorce parties during their practice, especially private information, thus ensuring strong privacy in divorce by agreement.

(4) High Likelihood of Automatic Compliance by Parties
When divorcing by agreement, the content of the agreement is the result of effective negotiation between both parties, so there is generally less dispute between them. In specific issues such as child custody, payment of support, and visitation rights, both parties are generally proactive in fulfilling their obligations, making automatic compliance more likely compared to court enforcement, which is conducive to social harmony and stability. In contrast, in divorce by litigation, during the litigation process, one party may exhibit extreme behavior due to emotional fluctuations, such as causing disturbances at the other party's workplace, disclosing the other party's privacy online, snatching children, or committing domestic violence. Once such situations arise, the conflict between both parties has intensified, and after the judgment of divorce, the judgment result is a ruling made by the judge based on the law and evidence, which in most cases cannot simultaneously satisfy both parties' demands, potentially leading to dissatisfaction from one party. The enforcement of the judgment often sees one party refusing to comply. Even with the court's mediation document, it is common for one party not to fully comply. Especially concerning issues like child custody and visitation rights, it is difficult for the court to enforce based on the effective judgment or mediation document, particularly regarding the personal freedom of children, which cannot be enforced, and for the other party's non-compliance with the obligations determined by the judgment, most of the time, only measures like detention or fines can be taken. In contrast, divorce agreements are mostly made based on mutual understanding and willingness, making it easier for both parties to accept and cooperate, allowing for the possibility of remaining friends even after the relationship has ended, which helps prevent the breakdown of feelings from escalating into hostility, thus contributing to social harmony and stability.

2. Defects of Divorce by Agreement
   Of course, compared to divorce by litigation, divorce by agreement also has some defects, mainly as follows:

(1) Divorce Agreement Does Not Have Enforceable Effect
A divorce judgment or mediation document that has legal effect allows the other party to apply to the court for enforcement if one party refuses to fulfill their obligations. However, a divorce agreement does not have enforceable effect; if one party does not fulfill obligations regarding property division, payment of child support, or exercising visitation rights according to the agreement, the other party must file a lawsuit, and the court must issue a civil judgment or mediation document after hearing the case, and only after the corresponding legal document takes effect can enforcement be applied.

(2) Self-Reached Divorce Agreements Often Leave Hidden Dangers
The content of the divorce agreement can be reached by mutual consent of both parties. Due to limited legal knowledge, parties often lack sufficient understanding of the legal consequences of specific clauses in the agreement. The agreement regarding property division, child custody, and debt handling is often not well thought out, and the content may be ambiguous, leading to disputes. The marriage registration authority only conducts a formal review of the content of the divorce agreement, meaning that as long as there is a clear expression of voluntary divorce, child custody, payment of support, visitation rights, willingness for property division, and division of debts, it can be accepted, without reviewing whether the terms are fair, whether the agreed terms are enforceable, or whether they severely infringe on one party's rights. Therefore, self-reached divorce agreements often leave hidden dangers.

(3) The Property Division Clause in the Divorce Agreement May Be Revoked or Changed
According to Article 70 of the "Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Compilation of the Civil Code of the People's Republic of China," if one party regrets the property division agreement after the divorce by agreement, the people's court shall accept the case. After hearing, if the court finds no fraud or coercion at the time of establishing the property division agreement, it shall dismiss the party's lawsuit according to law. In real life, it is not uncommon for one party to maliciously use this provision as an excuse to delay payment to the other party, and whether there are circumstances of fraud or coercion can only be determined after the court hears the case.

(4) The Scope of Application Is Limited
Not all parties wishing to divorce can process divorce procedures through divorce by agreement. According to the Civil Code and other relevant laws and regulations, the scope of application for divorce by agreement is limited. For example, both parties must hold a marriage certificate issued in mainland China or a marriage certificate issued by Chinese embassies or consulates abroad. Both parties must have full civil capacity, both must agree to divorce, and must reach a consensus on child custody, property, and debt handling. Those who do not meet the above substantive conditions, such as mentally ill persons during an episode, or those who are incapacitated or have limited civil capacity, cannot divorce by agreement and can only file for divorce in court.

3. How to Effectively Avoid Hidden Dangers in the Divorce by Agreement Process
   (1) Have a Professional Divorce Lawyer Draft the Divorce Agreement
   Many parties, considering personal privacy and lawyer fees, directly download templates for divorce agreements online and use them after simple modifications. Just as "there are no two completely identical leaves in the world," every divorce case has its own characteristics. Not considering differences and directly applying templates often leads to unclear content in the divorce agreement, making it easy to generate disputes during property division after divorce. For divorces involving small amounts of property and little dispute, this approach may be acceptable, but for cases involving real estate, large stocks, company shares, and significant disputed property amounts, it is best to have a professional divorce lawyer draft the divorce agreement to ensure the parties' legal rights.

When lawyers draft divorce agreements, they generally detail the issues involved, especially regarding property division (such as real estate, stocks, company shares) and child custody, which is conducive to the fulfillment of the divorce agreement.

Additionally, when signing a divorce agreement drafted by the other party's lawyer, it is essential to consider carefully. The divorce agreement has a certain degree of similarity to economic contracts in business; sometimes "a single word can be worth a fortune," and sometimes "a single word can lead to a thousand miles of error." Some divorce agreements may contain pitfalls and traps in their content; blindly signing can easily infringe on one's legal rights once the agreement takes effect.

(2) For Large Amounts of Property, Sign a Separate Property Division Agreement Outside the Divorce Agreement and Apply for Notarization
A property division agreement refers to a written agreement signed by both spouses after negotiating the division of property acquired during the marriage. Divisible divorce property includes joint property, common property, and individual property of the spouses. The property division agreement can specify the name of the property (real estate, stocks, shares, deposits, vehicles), quantity, value, ownership, and if transfer is required, the time and place for transfer, liability for overdue processing, and dispute resolution clauses to fully protect the parties' legal rights.

(3) Include Breach of Contract Liability Clauses Regarding Property Division, Payment, and Transfer in the Divorce Agreement
Breach of contract liability mainly targets property division, payment deadlines, and property transfer, while it is challenging to regulate and restrict issues related to divorce, child custody, and other identity relationships through breach of contract liability.

(4) After Signing the Divorce Agreement, You Can Apply for Pre-Litigation Mediation at the Court, and If One Party Fails to Fulfill Their Obligations, You Can Directly Apply for Enforcement
For both parties who agree to divorce, courts in various districts of Beijing generally adopt pre-litigation mediation procedures, and if all goes well, a mediation document can be issued on the same day as the mediation. If following formal mediation procedures, a mediation document can generally be issued within 3 months. The timing of when the court can issue the mediation document mainly depends on the number of cases the court has.

Part Two: Quick Divorce Guide

1. If both parties can reach a consensus on divorce-related matters and the level of trust between them is acceptable, they should quickly apply for divorce by agreement after reaching a consensus.

1. Main Content of the Divorce Agreement#

A divorce agreement is a written agreement reached by spouses regarding property division, child custody, and other related issues at the time of divorce. Its main content usually includes the following aspects:

1. Divorce Declaration:

   • A clear statement of both parties' voluntary divorce, confirming their decision to dissolve the marriage relationship.

2. Property Division:

   • A detailed division plan for the couple's joint property, including the distribution of real estate, deposits, debts, etc.
   • The responsibility for joint debts should also be clarified.

3. Child Custody:

   • Determining the custody of the children, whether one party has custody, and whether the other party has visitation rights.
   • The payment situation for child support, including specific amounts and methods of payment.

4. Debt Settlement:

   • The distribution of responsibilities for joint debts.
   • Arrangements for how one party will repay any debts.

5. Support Obligations:

   • If there are parents to support, clarify the division of support responsibilities.

6. Other Agreements:

   • Any other special circumstances or agreements can be detailed in the agreement.

7. Signatures and Dates:

   • The agreement must be signed by both spouses and dated.

The divorce agreement should be clear and specific to avoid future disputes. Generally, both parties can reach a consensus through negotiation; if there are disputes, they can be resolved through court adjudication.

Once both parties reach a consensus on property division, child custody, and debt handling, they should promptly apply to the relevant marriage registration authority for divorce registration. After the 30-day cooling-off period, they should jointly apply for the divorce certificate, which can generally lead to a smooth divorce within 30 to 60 days.

(2) Under what circumstances will the marriage registration authority not accept divorce registration?#

According to the relevant provisions of the Civil Code and the Marriage Registration Regulations, the registration authority will not accept divorce registration if either party has any of the following situations:

1. One party requests a divorce.

   • The prerequisite for divorce by agreement is that both parties must reach a consensus on the intention to divorce. If one party requests a divorce while the other party disagrees, they cannot process the divorce procedures at the civil affairs bureau. The party requesting the divorce can only file a divorce dispute lawsuit in court to dissolve the marriage relationship through litigation.

2. Both parties agree to divorce, but have not reached an agreement on child custody, property division, and debt handling.

   • According to Article 1076 of the Civil Code, if both spouses voluntarily divorce, they must sign a written divorce agreement and personally apply to the marriage registration authority for divorce registration. The divorce agreement must state both parties' voluntary intention to divorce and their consensus on child custody, property, and debt handling. If both parties do not reach a consensus on these matters, the civil affairs department will not issue a divorce certificate.

3. One or both parties are persons with limited civil capacity or no civil capacity.

   • Divorce involves the dissolution of the identity relationship between both parties. If one party is a person with no civil capacity or limited civil capacity, they cannot express their true intention to divorce, and the marriage registration authority should not accept their application for divorce. Relatives or other agents cannot act on their behalf to process divorce by agreement. The divorce issues of persons with no civil capacity or limited civil capacity can only be resolved through litigation.

4. Both parties did not register their marriage in mainland China.

   • With the development of the times, more and more Chinese people marry foreigners, and some register their marriages abroad or in Hong Kong, Macau, and Taiwan. If the marriage registration was not done in mainland China, even if both parties reach a divorce agreement, they cannot process the agreement procedures and can only divorce through the people's court.

2. If both parties can basically negotiate but have a low level of trust, or if there is a significant amount of property in dispute that may lead to further disputes, or if both parties are not confident about the content of the divorce agreement, it is recommended to proceed with litigation for divorce through court mediation. In this case, if all goes smoothly, divorce may be achieved within 30 days.

On one hand, if the level of trust between both parties is low, and conflicts arise during the cooling-off period, one party may withdraw the divorce application, or if one party does not cooperate in obtaining the divorce certificate after the cooling-off period, the divorce by agreement process must be restarted. Such back-and-forth makes it uncertain when both parties can successfully divorce.

On the other hand, the divorce agreement itself does not have enforceable power. Even if the divorce registration is completed, if one party does not fulfill the terms of the divorce agreement, the other party must file a lawsuit in court. For example, if the agreement states that the house belongs to one party, but the other party refuses to cooperate in processing the transfer, the party who received the house can only sue in court; or if the divorce agreement is poorly drafted, with many terms unclear or not agreed upon, both parties may need to file a lawsuit in court after the divorce to resolve related disputes.

Therefore, in this case, one party can file a lawsuit in court, and under the court's mediation, divorce can be achieved as long as both parties can negotiate during the litigation. Generally, divorce can be mediated within the court's two-month litigation and mediation period, and it may even be resolved within a month, which may be faster than divorce by agreement (of course, the premise is that the other party agrees to divorce during the litigation and mediation phase). For example, in January 2021, four divorce cases I encountered were all mediated and concluded in the Pudong court within two months of filing, with two cases concluding in less than a month after the parties submitted their complaints.

2. Issues to Pay Attention to When Signing the Divorce Agreement#

(1) Agreements Regarding Property
Property division is often the most contentious issue during divorce, and the division of real estate is the focal point of property division. However, unlike divorce by litigation, as long as both parties can reach a consensus in divorce by agreement, and do not violate mandatory or prohibitive legal provisions, they can completely divide property according to their wishes.

1. Agreement on Fully Owned Properties
   For properties that have been fully owned and do not require loan repayment, both parties have complete disposal rights. In divorce by agreement, they can agree that the property belongs to one party or that the property will be sold after divorce, with proceeds divided according to a certain ratio. If the property is agreed to belong to the non-registered owner, it is advisable to complete the name change before processing the divorce. If it cannot be changed during the marriage, then after divorce, the parties should promptly go to the property management department to register the change according to the divorce agreement to prevent adverse situations where the registered owner sells or mortgages the property.

2. Agreement on Properties with Bank Loans
   Since purchasing a house involves a substantial amount of money, many families cannot afford to pay the entire amount at once, and property with a mortgage needs to be divided during divorce. Before the implementation of the Civil Code on January 1, 2021, according to Article 191 of the Property Law, the transfer of property required the consent of the mortgagee (bank). After the implementation of the Civil Code, according to Article 406, the transfer of property can proceed as long as the property owner notifies the mortgagee (bank).

In practice, if both spouses can reach a consensus on property division, and the loan period is short with low monthly payments, banks generally cooperate in processing the loan contract changes. However, for long loan periods with high monthly payments, if the new borrower's monthly salary is insufficient to cover twice the repayment amount, and no other guarantees are provided, banks generally will not agree to change the primary borrower or reduce co-mortgagors. When processing bank loan changes, banks will strictly require both parties to be present; if only one party is present, the bank will refuse to process the change. If one party cannot be present due to special circumstances, they can authorize a third party to handle the change, but the power of attorney and related procedures must be notarized.

Some parties, in order to expedite the divorce process, may agree to change the property to the other party's name after the loan is paid off, but worry that the registered owner may not cooperate in processing the transfer or may change their mind midway. In this case, parties can notarize the divorce property division agreement at the notary office (Note: due to the interests of the mortgagee, many notary offices require a written statement of consent from the bank for the change, otherwise they will not process the notarization) and have the registered owner or a lawyer or third party authorized by the registered owner handle the property transfer procedures, with the power of attorney notarized.

3. When Does the Divorce Agreement Take Effect?#

Generally, the divorce agreement has two stages: establishment and effectiveness.
The divorce agreement is a consensus reached by both spouses for the purpose of terminating the marriage relationship, concerning property division, child custody, and other related issues, and must comply with legal provisions without violating public morals. Therefore, the divorce agreement is deemed established when both parties reach a common intention, i.e., at the time of signing.

However, the establishment of the divorce agreement does not mean that it takes effect. The provisions in the divorce agreement regarding how property is divided and who will have custody of the children are all contingent upon the parties dissolving their marriage relationship. If the marriage relationship is not dissolved, these provisions cannot be discussed. Therefore, the divorce agreement is legally binding on both parties only if the parties process the divorce by agreement at the marriage registration authority; the divorce agreement only takes effect after both parties have completed the divorce procedures at the marriage registration authority.

Additionally, it should be noted that the effectiveness of the divorce agreement does not mean that one can rest easy. The law provides both parties with the opportunity to seek relief again, meaning that regarding the content of the divorce agreement, the parties have the right to change their minds through litigation. According to Article 70 of the "Interpretation (I) of the Marriage and Family Compilation of the Civil Code," if one party regrets the property division issue after the divorce by agreement and requests the annulment of the property division agreement, the people's court shall accept the case. Of course, this relief has prerequisites, namely that one party engaged in fraudulent or coercive behavior when signing the divorce agreement.

3. If both parties cannot reach a consensus on divorce matters, they can only file for divorce as soon as possible.

(1) If any of the following situations apply, you can only choose divorce by litigation.

For example:

1. You have a strong desire to divorce, but the other party has no intention of divorcing at all and completely disagrees;

2. Both parties agree to divorce, but there are significant disputes over child custody or property division, and they cannot reach a consensus;

3. You are eager to divorce, but the other party has "disappeared" and is untraceable;

4. The other party has tendencies of domestic violence and is not preparing to divorce you at all;

5. Both parties registered their marriage abroad or in Hong Kong, Macau, or Taiwan;

6. One party is a person with limited capacity or a person with no capacity.

(2) After one party files a lawsuit, the following results may occur:#

1. The other party sees your determination to divorce and changes their attitude to agree to the divorce, which can generally lead to a judgment or mediation for divorce during the first lawsuit. If mediation can be achieved during the litigation phase, it may be resolved within a month after filing. For example, in January 2021, four divorce cases I encountered were all mediated and concluded in the Pudong court within two months of filing, with two cases concluding in less than a month after the parties submitted their complaints.

2. If the other party insists on disagreeing with the divorce, the court will generally not grant a divorce in the first lawsuit, and a second lawsuit will be needed, or even more. But you should insist on wanting a divorce and file as soon as possible; the court will eventually grant the divorce, but it may take a longer time.

Moreover, during the divorce litigation, you can also "promote negotiation through litigation," and if necessary, you can make appropriate concessions to exchange for time. On one hand, you need to let the court know your determination to divorce; on the other hand, you can continue to negotiate with the other party during the litigation. If an agreement can be reached during the divorce litigation, the case can be concluded quickly. It is important to note that in some divorce cases with significant property disputes, it is not uncommon for a single litigation to take three to four years, so whenever possible, do not give up the opportunity for negotiation. If necessary, consider using concessions to expedite the process.

3. If the other party insists on disagreeing with the divorce and does not negotiate, you can only continue to file lawsuits until the court grants the divorce.

So, under what circumstances will the court grant a divorce?

In fact, the only standard for the court to grant a divorce is "the couple's feelings have indeed broken down." Therefore, to have the court grant a divorce as soon as possible, the filing party must prove to the court that "the couple's feelings have indeed broken down." What situations can prove that the feelings have indeed broken down, leading the court to grant a divorce?

(1) According to the provisions of the Civil Code, if any of the following situations occur, and mediation is ineffective, divorce should be granted:

1) Bigamy or cohabitation with another person;

Cohabitation with another person refers to a spouse living together with a non-spouse in a stable and continuous manner without the title of husband and wife. Therefore, it is necessary to prove that both parties live together and have cohabited for a certain period. It cannot be simply concluded based on having children, as having children may just be the result of a one-time act. A single photo or a short video of the two entering and exiting together may only prove infidelity. Cohabitation requires a certain duration, generally at least three months, and in some cases, it may require a year. For example, a judge may require evidence of cohabitation across all four seasons, necessitating photos or videos showing they were together in spring, summer, autumn, and winter.

2) Committing domestic violence or abusing, neglecting family members;

Domestic violence refers to physical or mental harm inflicted on family members through acts such as beating, binding, or harming.

Sustained and frequent domestic violence constitutes abuse.

Neglecting elderly, young, sick, or other individuals without independent living capabilities who are under a support obligation constitutes abandonment. This is manifested by failing to provide economic support or care, making it impossible for the supported individual to maintain a normal life, or even endangering their life and health.

3) Having gambling, drug abuse, or other bad habits that are repeatedly uncorrected;

Simply having gambling or drug abuse behavior does not count; it must be repeatedly uncorrected.

4) Living apart for two years due to emotional discord;

Here, living apart refers to couples living separately due to emotional discord. If living apart is due to work or study, it does not count; however, if after living apart, both parties no longer fulfill their marital obligations, do not support each other financially, and do not help each other in life, it constitutes living apart.

5) Other circumstances leading to the breakdown of the couple's feelings.

This is a catch-all provision, as the reasons leading to the breakdown of a couple's feelings are complex and cannot be exhaustively listed by law. Common situations include infidelity during marriage, one party being addicted to prostitution and repeatedly fined or detained by the police; one party committing adultery and having children with another person, or the male party raping and living with his stepdaughter, etc.

Of course, the conditions stipulated by law for determining the breakdown of feelings are not necessary legal conditions for divorce; if the feelings have indeed broken down, the court should also grant the divorce.

Evidence of infidelity caught in bed at home is valid, but note that aside from presenting it to the court as evidence, it should not be spread casually, and no personal insults should be directed at the third party, as this may violate the law.

(2) The Civil Code also stipulates two situations that should be granted divorce:

1) If one party is declared missing and the other party files for divorce, divorce should be granted.

2) If the people's court previously ruled against the divorce, and the parties have lived apart for more than a year, and one party files for divorce again, divorce should be granted.

In this case, living apart does not emphasize that it must be due to emotional discord; as long as there is separation, it is sufficient. This is likely because after the first ruling against divorce, the continued separation of both parties implicitly indicates emotional discord, so there is no need to further limit this. This provision provides a stable expectation for those who have long struggled to divorce.

Thus, after the first ruling against divorce, if one party insists on divorce, they only need to provide evidence that both parties have lived apart for more than a year. Generally, evidence that can prove the fact of living apart includes: 1. A signed separation agreement; 2. A rental contract for one party's external residence, proof of rent payment, utility bills, and property management fees; 3. WeChat chat records, text message records, email correspondence, etc., acknowledging the fact of living apart; 4. Other evidence that can prove living apart, such as witness testimony that can confirm the long-term separation of both parties, etc. Of course, in practice, judges will also consider whether there has been no physical contact between the parties and no financial interaction.

Finally, a suggestion: If possible, seek the assistance of a professional lawyer, as a lawyer can help reduce at least 80% of the troubles. Once a lawyer is involved, they can directly negotiate on behalf of the parties, shortening the time for divorce; they can also assist in investigating evidence, organizing proof, and increasing the likelihood of favorable court rulings, thus expediting the divorce litigation process.

The end is a new beginning. I wish you happiness in your next chapter.

Divorce by Litigation#

Five, living apart for more than two years due to emotional discord
Living apart refers to both spouses ceasing to live together while maintaining their marital relationship, not fulfilling their rights and obligations towards each other, and establishing their own lifestyles. In the case of separation, the marital relationship has essentially ceased to exist. If both parties have lived apart for more than two years due to emotional discord, and one party insists on divorce, and mediation is ineffective, it should be regarded as the couple's feelings having indeed broken down, and divorce should be granted.

When applying this provision, the following three points need to be noted:

1. Both spouses must be objectively in a state of separation. There must be a factual state where the spouses do not live together, and there is no mutual care, sharing a bed, or dining together, which has fixed marital significance. If both parties live completely separate lives in different residences, it constitutes an objective state of separation; even if the spouses live under the same roof, if they do not live as a family, it also constitutes objective separation.

2. The reason for separation must be "emotional discord." The separation of spouses is not due to insurmountable objective reasons but is actively pursued and "intentionally" caused by the party seeking separation. If the separation is due to work, study, or medical treatment, it does not fall under the legal definition of separation. For example, in a divorce case where the male party filed for divorce, stating that they had been sleeping in separate rooms for over two years, when the judge inquired about the reason for sleeping separately, the male party replied, "Because the female party snores, affecting my work the next day." The female party provided chat records indicating normal marital relations during the period of separation, and the court ruled that the separation did not constitute emotional discord, thus dismissing the plaintiff's lawsuit.

3. The period of separation must exceed two years. This means that from the last time the couple separated, they must have continuously lived apart for more than two years. The period of separation cannot be cumulative; if the couple has separated multiple times due to emotional discord but temporarily reconciled, the periods of separation cannot be added together, but must be counted from the last separation before filing for divorce.

Six, Other Circumstances Leading to the Breakdown of the Couple's Feelings#

This is a catch-all clause. Currently, based on relevant judicial interpretations and practices, the main situations include:
(1) Disputes arising between spouses over whether to have children leading to divorce lawsuits.
According to Article 23 of the "Interpretation (I) of the Marriage and Family Compilation of the Civil Code," if disputes arise between spouses over whether to have children, resulting in a breakdown of feelings, and one party requests a divorce, the people's court shall handle it according to the provisions of Article 1079, paragraph 3, item 5 of the Civil Code. Therefore, disputes over whether to have children leading to divorce lawsuits are grounds for granting divorce.

(2) One spouse being criminally prosecuted for bigamy by the other spouse leading to divorce lawsuits.
If one spouse engages in bigamy and is criminally prosecuted by the other spouse, resulting in a conviction for bigamy, if the other spouse files for divorce on the grounds of the breakdown of feelings caused by this, the court should grant the divorce.

Eight, If the People's Court Previously Ruled Against Divorce, and the Parties Have Lived Apart for More Than a Year, One Party May File for Divorce Again, and Divorce Should Be Granted#

This provision is a highlight added by the Civil Code. In judicial practice, most judges handle divorce cases with the principle of "encouraging reconciliation rather than separation." When reviewing the first divorce lawsuit, if the couple's feelings are not found to be broken or if there is a possibility of reconciliation, they will directly rule against the divorce. Before the Civil Code came into effect, according to the relevant provisions of the Marriage Law and the Civil Procedure Law, if a party's first divorce lawsuit was dismissed by the court, they could file again after six months, and the court would generally accept it. However, if the criteria for determining the breakdown of feelings under Article 32 of the Marriage Law are not met, the court may still rule against the divorce.

Common Issues in Divorce Litigation#

(1) The connotation of a fidelity agreement
A "fidelity agreement" refers to an agreement voluntarily signed by both parties before or after marriage, stipulating that during the marriage, both parties must adhere to their mutual obligation of fidelity, and if one party violates this obligation and becomes the party at fault, they must pay the non-fault party a penalty, compensation, or waive part or all of their property, or waive child custody rights upon divorce. Common names in reality include "Fidelity Agreement," "Commitment Letter," "Guarantee Letter," "Repentance Letter," "Compensation Agreement," etc.

(2) Recognition of the validity of fidelity agreements
Chinese law and relevant judicial interpretations do not have any clear provisions regarding the validity of fidelity agreements, so the court's rulings in practice are inconsistent. Some courts deem fidelity agreements invalid, mainly arguing that "spouses should be mutually faithful" is merely a value proposition and belongs to moral adjustment. If there are no statutory circumstances for divorce damage compensation, the agreed compensation for infidelity should be deemed invalid. The law should not excessively interfere in personal lives, as it belongs to the moral domain, and the law should not forcibly intervene. Additionally, fidelity agreements combine personal and property relationships, and the law does not allow the establishment of personal relationships through contracts or agreements. China's current laws clearly stipulate the principle of marital freedom and the statutory principle of personal rights, and fidelity agreements restrict the personal rights of the parties, thus being invalid.

Are the compensation clauses stipulated in the divorce agreement considered compensation for mental damages?#

Compensation for mental damages is predicated on the infringement of a natural person's personality rights, with the amount of compensation determined by the degree of fault of the infringer, the means, circumstances, and methods of infringement, the consequences of the infringement, the infringer's profits, the economic capacity of the infringer, and the average living standards of the court's jurisdiction. Compensation for mental damages arising from the infringer's conduct as stipulated in Article 1091 of the Civil Code constitutes a statutory debt.

Clarifying the connotation of property regimes and main legal basis#

1. The connotation of property regimes
   A property regime refers to the legal allowance for spouses to use agreements to determine the ownership, management, use, benefits, disposal, and settlement of debts to third parties regarding property acquired before and during the marriage, thus excluding or partially excluding the application of the statutory property regime for spouses. The agreed property regime is relative to the statutory property regime, which is directly stipulated by law. The agreed property regime has priority over the statutory property regime. Only when the parties have not made agreements regarding marital property, or the agreements made are unclear or invalid, will the statutory property regime apply.

2. Legal basis for agreed property regimes#

After the implementation of the Civil Code, the main legal basis for agreed property regimes is Article 1065 of the Civil Code. This article clearly states that both parties may agree on the ownership of property acquired during the marriage and property before marriage, whether it belongs to each party, is jointly owned, or partially owned by each party and partially jointly owned. The agreement should be in written form. If there is no agreement or the agreement is unclear, the provisions of Articles 1062 and 1063 of this law apply. The agreement regarding property acquired during the marriage and property before marriage is legally binding on both parties. If the parties agree that the property acquired during the marriage belongs to each party, the debts incurred by one party to third parties will be settled with that party's personal property if the creditor is aware of this agreement.

• 3. The distinction between property agreements and property division agreements signed for the purpose of divorce
     Property agreements should be distinguished from property division agreements signed for the purpose of divorce. If the parties reach a property division agreement conditioned on registering for divorce or mediating divorce in the people's court, if the divorce does not occur, and one party changes their mind during the divorce litigation, the people's court should recognize that the property division agreement has not taken effect and should divide the couple's joint property according to the actual situation.

Property agreements and property division agreements signed for the purpose of divorce both involve the handling of joint property. However, the difference is that property division agreements signed for the purpose of divorce are comprehensive agreements reached by both spouses regarding the issues of child custody and division of joint property upon the dissolution of their marital relationship. The clauses of the agreement are integral and indivisible. The property division clauses in agreements signed for divorce only take effect when the marital relationship is dissolved; if only a divorce agreement is signed without processing the divorce by agreement, the property division agreement will not take effect, and either party has the right to change their mind. In contrast, property agreements generally become legally binding once signed by both parties unless additional conditions are set.

• 4. The distinction between property agreements and gifts between spouses
     Property agreements are legally binding on spouses as long as they represent the true intentions of both parties and do not violate prohibitive legal provisions. Both parties must fulfill their respective obligations as stipulated in the agreement, and neither party may unilaterally revoke it; otherwise, it would violate the principle of good faith. Article 32 of the "Interpretation (I) of the Marriage and Family Compilation of the Civil Code" clearly states that if one party agrees to gift their property to the other party before or during the marriage, and the donor revokes the gift before the property transfer is registered, the other party may request the court to enforce the agreement according to Article 658 of the Civil Code.

The property agreement between spouses is different from ordinary economic contracts. Due to the special relationship between spouses, many moral and ethical factors are often considered when reaching property agreements, such as marital feelings and whether one party has committed a fault. To respect the true intentions of the parties and balance the interests of all parties, in the absence of clear intent to gift, such agreements should be recognized as property agreements between spouses.

Basic Knowledge of Pre-Litigation Procedures#

1. Collection and Fixation of Basic Evidence
   After determining to file for divorce, before filing in court, the parties should clarify their litigation intentions, which refers to the objectives they wish to achieve through divorce litigation, legally termed "litigation requests." Parties in divorce cases generally aim to achieve three objectives through litigation: (1) dissolve the marriage relationship; (2) divide the couple's joint property and common debts; (3) resolve issues regarding child custody and the burden of child support. Given this, the plaintiff should actively collect evidence supporting their litigation requests, both to facilitate smooth filing and to occupy a favorable position in future litigation. After filing, the defendant should also begin collecting relevant evidence upon receiving the court's "Notice of Response." This section will introduce the collection and fixation of various evidence related to divorce cases.

(1) Evidence of Legal Marriage
Before filing for divorce, parties must submit evidence proving their legal marriage relationship, regarding the collection and fixation of evidence of marriage legality.

Divorce cases generally involve the division of the couple's joint property. Facing a marriage on the verge of collapse, one spouse often takes various measures to transfer or hide property to gain more benefits. To avoid the divorce judgment becoming a mere piece of paper, making it impossible to obtain the property they deserve after divorce, it is particularly important to take necessary protective measures regarding property before filing for divorce. Common protective measures before divorce litigation mainly include two: pre-litigation property preservation and objection registration for immovable property.

2. Writing the Divorce Complaint#

When writing a divorce complaint, it typically needs to include the following parts:

1. Title#

At the top of the complaint, write "Divorce Complaint."

2. Information of the Plaintiff and Defendant#

Clearly write the personal information of the plaintiff and defendant, including:

• Plaintiff's name, gender, age, ethnicity, address, workplace, contact information, etc.
• Defendant's name, gender, age, ethnicity, address, workplace, contact information, etc.

For example:

• Plaintiff: Zhang San, male, 35 years old, Han ethnicity, address: Chaoyang District, Beijing, contact number: 123456789.
• Defendant: Li Si, female, 34 years old, Han ethnicity, address: Haidian District, Beijing, contact number: 987654321.

3. Litigation Requests#

Clearly list your litigation requests, which usually involve the following aspects:

• Request the court to grant a divorce.
• Requests related to property division and custody rights.
• Issues regarding child custody (if there are children, specify custody rights, child support, etc.).

For example:

• Request the court to grant a divorce between the plaintiff and defendant.
• Request the court to determine that the custody of the child belongs to the plaintiff (or defendant) and order the defendant (or plaintiff) to pay child support.
• Request the court to divide the couple's joint property (such as real estate, deposits, etc.).

4. Facts and Reasons#

Detail the reasons for the divorce and the specific facts of the case. This can include the following aspects:

• Basic situation of the marriage (marriage time, place, family background of both parties, etc.).
• Reasons for divorce (such as emotional breakdown, domestic violence, infidelity, etc.).
• Conflicts and disagreements between both parties (such as arguments, cold wars, lack of sexual relations, etc.).
• Whether there is domestic violence or other adverse behaviors.
• Matters related to child custody, property division, etc.

5. Evidence List#

List the evidence supporting your claims, which may include:

• Marriage certificate.
• Communication records, photos, videos, etc.
• Property proof (such as property certificates, bank deposit certificates, etc.).
• Child's birth certificate, custody-related proof, etc.

6. Legal Basis#

Briefly list the relevant legal provisions and regulations that support your litigation requests. For example:

• Relevant provisions of the "Marriage Law of the People's Republic of China."
• Relevant provisions of the "Civil Code of the People's Republic of China."

7. Conclusion#

Write "Sincerely, Regards" and indicate the date, along with your signature.

For example:

• Sincerely,
  People's Court of a District in Beijing
  Plaintiff: Zhang San
  February 9, 2025

Sample Divorce Complaint:#

Divorce Complaint

Plaintiff: Zhang San, male, 35 years old, Han ethnicity, address: Chaoyang District, Beijing, contact number: 123456789.
Defendant: Li Si, female, 34 years old, Han ethnicity, address: Haidian District, Beijing, contact number: 987654321.

Litigation Requests:
1. Request the court to grant a divorce between the plaintiff and defendant;
2. Request the court to determine that the custody of the child belongs to the plaintiff and order the defendant to pay child support;
3. Request the court to divide the couple's joint property, including a house located in Chaoyang District, Beijing, and a deposit of 100,000 yuan.

Facts and Reasons:
The plaintiff and defendant were married in 2012. The marriage was harmonious at first, but in recent years, due to personality differences and long-term separation, the couple's feelings have broken down, and they can no longer maintain the marriage relationship. Multiple attempts at mediation have failed, and the conflicts between both parties have intensified, making it impossible to live together.

The marriage relationship between the plaintiff and defendant has essentially ceased to exist, and their feelings have completely broken down. There are serious disagreements regarding property division and child custody. Therefore, the plaintiff requests the court to grant a divorce and address related property and custody issues.

Evidence List:
1. Copy of the marriage certificate;
2. Screenshots of communication records;
3. Copy of the property certificate;
4. Copy of the child's birth certificate;
5. Proof of bank deposits, etc.

Legal Basis:
1. Article 32 of the "Marriage Law of the People's Republic of China";
2. Article 1067 of the "Civil Code of the People's Republic of China."

Sincerely,  
**People's Court of a District in Beijing**

Plaintiff: Zhang San  
February 9, 2025

You can adjust the content according to your situation to ensure the completeness and accuracy of the complaint. If conditions permit, it is advisable to have a professional lawyer review it before submission to ensure all legal details are correct.

(2) Litigation Requests
The litigation requests in divorce cases generally include the following aspects:
First, to legally dissolve the marriage relationship between the plaintiff and defendant.
Second, regarding the custody of minor children, the amount of child support, the payment method, and the payment period.
Third, the handling of joint property. If there is a property dispute, specify the property division opinions; if there is no property dispute or it has been resolved, state that no court handling is required.
Fourth, if requesting the other party to bear liability for divorce damages, specify the amount of compensation.
Fifth, if requesting the other party to provide compensation for household labor, specify the amount of compensation.
Sixth, if requesting the other party for economic assistance, specify the method of assistance required from the other party.
Seventh, if the litigation costs need to be borne by the other party, directly state that the litigation costs of this case will be borne by the other party.

(3) Facts and Reasons for the Basis of the Lawsuit
This part needs to specify: when both parties met, when they married, how their feelings were before and after marriage, whether they had children, and if they have children, specify the names, genders, and ages of the children. List examples that illustrate the reasons for the breakdown of the couple's feelings and the main facts and reasons. When writing the facts and reasons for the basis of the lawsuit, it is important to note:

1. Be concise and avoid lengthy narratives.
   The plaintiff may want to list all their dissatisfaction with the marriage to prove their loss of confidence in the marriage and that the couple's feelings have indeed broken down. However, as the saying goes, "too many words lead to mistakes," and being careless may lead to writing something unfavorable to oneself in the complaint, putting oneself at a disadvantage in the litigation. Therefore, it is best to keep it concise and clear, focusing on objective situations, such as when they got married, whether they had children, the gender and age of the children, etc. Avoid subjective speculations without evidence to prevent giving the other party grounds to counterclaim that the plaintiff is overly suspicious, attributing the reasons for divorce to the plaintiff's unfounded speculations.

2. Be factual and avoid exaggeration.
   In divorce cases, it is common for the plaintiff to belittle the other party in the complaint or even insult their character, excessively exaggerating the other party's faults to win the judge's sympathy. However, this may provoke the judge's resentment, potentially leading to a request for modifications during the filing process. Even if the judge approves the complaint, it may anger the other party, making mediation more difficult. Therefore, even if the defendant has faults, the plaintiff should only briefly mention them when filing to facilitate smooth filing and lay a good foundation for mediation during litigation.

Additionally, in some cases, if the party filing for divorce is at fault or if there are no significant conflicts between the couple, when writing the complaint, it is advisable to summarize that the couple's emotional foundation was weak before marriage, and after marriage, they discovered personality incompatibility, differing life views and values, and a lack of effective communication. Then list the facts of disharmony in family life, indicating that the plaintiff believes the couple's feelings have indeed broken down.

3. Materials Required for Filing#

When filing for divorce, the following materials are generally required:

1. Identification Materials:

   • Original and photocopy of both parties' ID cards.
   • Original and photocopy of both parties' household registration books.
   • If one party is a foreigner or overseas Chinese, a valid passport or other identification is also required.

2. Marriage Certificate Original and Photocopy:

   • The marriage certificate must be the original when filing for divorce. If the marriage certificate is lost, relevant proof must be provided, and it may be necessary to apply for a replacement certificate first.

3. Divorce Agreement (if both parties agree to divorce):

   • The divorce agreement should outline the agreement on property division, debt settlement, and child custody.
   • Both parties must sign, and the content of the agreement must comply with legal provisions.

4. Child Custody Related Materials (if applicable):

   • If there are children, provide the child's birth certificate and custody agreement to determine custody issues.
   • If the divorce agreement mentions custody arrangements, provide the relevant agreement.

5. Property Related Materials (if applicable):

   • If property division is involved, provide proof of property, deposits, stocks, etc.
   • A property list can be provided, detailing the couple's joint property, individual property, and debts.

6. Other Relevant Evidence:

   • If one party has engaged in improper behavior (such as infidelity or domestic violence), provide relevant evidence (such as photos, videos, witness testimonies, etc.).

7. Divorce Complaint (in the case of divorce litigation):

   • If divorcing through litigation, a divorce complaint must be submitted, explaining the reasons for divorce, requests, and relevant evidence.

Note: If both parties do not agree to divorce, and one party disagrees, a divorce lawsuit must be filed in court, and the court will determine whether to grant the divorce based on specific circumstances.

Different regions may have slightly different requirements, so it is advisable to consult the local court or a lawyer to ensure all relevant materials are prepared.

Tips for Submitting a Property List#

When submitting a property divorce list, it is crucial to accurately, comprehensively, and systematically present all assets and liabilities. Here are some practical tips:

1. List All Assets and Liabilities#

• Real Estate: Include properties purchased before and after marriage, along with their market value.
• Bank Accounts: List both personal and joint bank accounts, including deposits, passbooks, and deposit certificates.
• Vehicles: Provide information on all vehicles, including purchase dates, values, and loans.
• Investments: Stocks, bonds, funds, pensions, and other investment projects.
• Debts: List all credit cards, loans, mortgages, and other debts.
• Other Assets: Valuable items such as jewelry, artworks, collectibles, etc.
• Income: Include salary, bonuses, dividends, etc.

2. Provide Clear Evidence#

• Property Certificates, Purchase Contracts, etc.: Ensure complete proof documents are submitted to verify property ownership and value.
• Bank Deposit Certificates: Provide proof of various bank deposits to help the court understand the actual property situation.
• Debt Lists: If there are loans or other debts, provide loan contracts, repayment records, etc.

3. Chronological Order#

• Clearly list the acquisition or generation time of each asset and liability, especially distinguishing between pre-marital and post-marital property.
• For newly acquired property after marriage, clearly indicate whether it is joint property.

4. Clarify Property Distribution Methods#

• Based on your financial situation, consider how to fairly and reasonably distribute property.
• For example, whether to exchange certain properties for others, avoiding purely monetary exchanges.

5. Avoid Omissions#

• When filling out the list, ensure no assets or liabilities are omitted to prevent future disputes.
• Pay special attention to hidden assets, such as long-term investments, personal insurance, and company shares.

6. Maintain Privacy of the List#

• The submitted property list is a legal document involving personal privacy and property information, so it should be protected to prevent information leakage.

By following these tips, you can present your property situation in a more organized and transparent manner, thus providing strong support for property division in divorce.

When parties submit expert opinions as evidence in divorce litigation, they should note: (1) If one party independently commissions an appraisal, the other party may have evidence or reasons to refute it and apply for re-evaluation, the people's court should allow it. Therefore, in litigation, one party should not independently commission an appraiser but should apply for appraisal through the people's court, and after the court's approval, both parties can negotiate to determine a qualified appraisal agency and appraiser; if negotiations fail, the people's court will designate one. (2) The application for appraisal should be made within the time specified by the people's court and the appraisal fees should be prepaid; if not submitted or prepaid within the time limit, it is deemed to have been waived. (3) If a party has objections to the appraisal opinion, they should raise them in writing within the time specified by the people's court. The court should require the appraiser to explain, clarify, or supplement the opinion. If the party still has objections after receiving the appraiser's written response, they should prepay the appraiser's appearance fees, and the court should notify the appraiser to appear in court. (4) The appraiser should sign a commitment letter before starting the appraisal and complete the appraisal within the time specified by the court.

When parties challenge the appraisal opinion, they should note: (1) Examine whether the parties were notified to be present during the appraisal; if not, the legality may not be recognized. (2) Examine whether the content of the appraisal record matches the actual situation; if not, the authenticity may not be recognized.

Judges reviewing the appraisal opinion should pay attention to: (1) Whether the formal requirements of the appraisal opinion are complete, including the name or title of the client, the content of the appraisal, the materials for the appraisal, the basis for the appraisal, the scientific and technical means used, the explanation of the appraisal process, clear appraisal opinions, the explanation of the appraiser's qualifications, and the signatures and seals of the appraisers and appraisal agency. (2) Whether the appraiser has failed to recuse themselves when they should have. (3) Whether the appraisal agency and appraiser have legal qualifications and whether the appraisal procedures, methods, and analysis processes comply with the inspection and appraisal regulations and technical methods required by the profession, and whether they comply with laws and relevant regulations. (4) Whether the source, acquisition, custody, and submission of the appraisal materials comply with laws and relevant regulations, and whether they match the records of relevant extraction documents and seized item lists. (5) Whether the appraisal opinion is clear. (6) Whether the appraisal opinion is related to the facts to be proven in the case, whether there are contradictions between the appraisal opinion and other evidence, and whether the appraisal opinion contradicts the inspection records and relevant photos. (7) Whether the appraisal opinion has been timely communicated to relevant parties, and whether the parties have objections to the appraisal opinion. (8) If the parties have objections to the appraisal opinion or if the court believes it is necessary for the appraiser to appear, the appraiser should appear in court. If the appraiser refuses to appear after being notified by the people's court, the appraisal opinion cannot be used as a basis for determining the facts of the case.

8. Inspection Records
   Inspection records refer to the records made by the staff of the people's court regarding the scene or material evidence that can prove the facts of the case, or the analysis, inspection, and examination conducted on-site. When inspecting material evidence or the scene, the inspector must present the people's court's credentials and invite representatives from local grassroots organizations or the parties' workplaces to participate. The people's court should notify the parties of the time and place of the inspection in advance; if the parties do not attend, it does not affect the inspection. The people's court should prepare a record during the inspection, noting the time, place, inspectors, attendees, process, and results of the inspection, signed or sealed by the inspectors and attendees. For drawn site maps, the drawing time, orientation, name, and identity of the surveyor should be noted.

When parties use inspection records as evidence in litigation, they should note: (1) For important material evidence or scenes that cannot or are inconvenient to submit to the court, timely apply for the court to conduct an inspection. (2) For complex and difficult cases, parties can apply for the people's court to conduct the inspection or request the court to commission a qualified expert to conduct the inspection. (3) If one party applies for the people's court to prepare an inspection record according to legal procedures, and the other party raises objections but does not provide sufficient evidence to refute it, the people's court should recognize its probative force. Therefore, parties should actively exercise their litigation rights and apply for inspections to protect their legal rights.

When parties challenge the inspection records, they should note:

• (1) Examine whether they were notified to be present during the inspection; if not, the legality may not be recognized.
• (2) Examine whether the content of the inspection record matches the actual situation; if not, the authenticity may not be recognized.

Judges preparing and reviewing inspection records should pay attention to:

• (1) Review whether the entity preparing the record has the authority to conduct the inspection.
• (2) For specialized technical issues, appoint or hire individuals with specialized knowledge to participate.
• (3) Inspectors, invited participants, and parties should sign or seal the inspection record.
• (4) The inspection record should be finalized on-site and cannot be recalled later. Once signed by relevant personnel, especially witnesses present, it cannot be altered. If errors or omissions are found in the record, a correction or supplementary record can be prepared separately.

(A) Basis for Setting:

"Marriage Law of the People's Republic of China," "Marriage Registration Regulations," "Standards for Marriage Registration Work," "Notice from the Ministry of Civil Affairs on Implementing Relevant Marriage Registration Provisions in the 'Civil Code of the People's Republic of China'"

(B) Implementing Agency:

The agency responsible for marriage registration for mainland residents is the civil affairs department of the county-level people's government or the township (town) people's government.

For marriage registration between Chinese citizens and foreigners, or between mainland residents and residents of Hong Kong Special Administrative Region (hereinafter referred to as Hong Kong residents), Macau Special Administrative Region (hereinafter referred to as Macau residents), Taiwan residents (hereinafter referred to as Taiwan residents), and overseas Chinese, the agency is the civil affairs department of the provincial, autonomous region, or municipality directly under the central government, or the agency designated by the civil affairs department of the provincial, autonomous region, or municipality.

(C) Accepting Agency:

For mainland residents voluntarily divorcing, both parties should jointly go to the marriage registration authority at the residence of one party to process the divorce registration. In areas where "cross-regional processing" has been implemented, relevant regulations apply.

For Chinese citizens marrying foreigners in mainland China, and for mainland residents marrying Hong Kong residents, Macau residents, Taiwan residents, and overseas Chinese, both parties should jointly go to the marriage registration authority at the residence of the mainland resident to process the divorce registration.

(D) Divorce Registration Procedures:

According to Articles 1076, 1077, and 1078 of the Civil Code, divorce registration is processed as follows:

1. Application. If both spouses voluntarily divorce, they should sign a written divorce agreement and jointly apply to the competent marriage registration authority, providing the following documents and proof materials:

① Marriage certificate issued by the mainland marriage registration authority or Chinese embassies/consulates;

② Valid identification documents that comply with Articles 29 to 35 of the "Standards for Marriage Registration Work";

③ The "Divorce Registration Application Form" filled out on-site at the marriage registration authority.

2. Acceptance. The marriage registration authority will conduct a preliminary review of the documents and proof materials submitted by the parties according to the relevant provisions of the "Standards for Marriage Registration Work."

If one party applying for divorce registration has lost their marriage certificate, they should provide a written declaration of the loss, and the marriage registration authority may accept the divorce registration application based on the other marriage certificate; if both marriage certificates are lost, the parties should provide a written declaration of the loss and a copy of the marriage registration file stamped with the archive verification seal, and the marriage registration authority may accept the divorce registration application based on the materials provided by the parties.

Once the marriage registration authority verifies that the documents and proof materials submitted by the parties are correct, it will issue a "Receipt for Acceptance of Divorce Registration Application." If the conditions for divorce registration are not met, it will not be accepted. If the parties request a "Notice of Non-Acceptance of Divorce Registration Application," it should be issued.

3. Cooling-off Period. From the date the marriage registration authority receives the divorce registration application and issues the "Receipt for Acceptance of Divorce Registration Application" to the parties, within thirty days (the period starts from the day after the marriage registration authority receives the divorce registration application, and if the last day of the period is a legal holiday, the last day of the period will be the day after the legal holiday), if either party does not wish to divorce, they may withdraw the divorce registration application by holding their valid identification and the "Receipt for Acceptance of Divorce Registration Application" (if lost, it may not be provided, but a written explanation of the situation is required) and personally fill out the "Withdrawal of Divorce Registration Application Form." After verification by the marriage registration authority, a "Confirmation of Withdrawal of Divorce Registration Application" will be issued, and the "Divorce Registration Application Form," "Withdrawal of Divorce Registration Application Form," and "Confirmation of Withdrawal of Divorce Registration Application (Stub)" will be archived together.

If both parties do not jointly apply to the marriage registration authority for the issuance of a divorce certificate within thirty days after the cooling-off period expires (the period starts from the day after the cooling-off period expires, and if the last day of the period is a legal holiday, the last day of the period will be the day after the legal holiday), it will be deemed that they have withdrawn the divorce registration application.

4. Review. Within thirty days after the cooling-off period expires (the period starts from the day after the cooling-off period expires, and if the last day of the period is a legal holiday, the last day of the period will be the day after the legal holiday), both parties should hold the documents and materials specified in Article 55, items (4) to (7) of the "Standards for Marriage Registration Work" and jointly apply to the marriage registration authority for the issuance of a divorce certificate.

The marriage registration authority will execute and review according to the procedures and conditions specified in Articles 56 and 57 of the "Standards for Marriage Registration Work." If the conditions for divorce registration are not met, it will not be processed. If the parties request a "Notice of Non-Processing of Divorce Registration," it should be issued.

5. Registration (Issuance of Certificate). The marriage registration authority will register according to Articles 58 to 60 of the "Standards for Marriage Registration Work" and issue a divorce certificate.

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