The full text of the Chinese People's *** and State Marriage Law*** is divided into six chapters, including the General Provisions, marriage, family relations, divorce, relief measures and legal responsibility, bylaws, *** 51 articles. September 10, 1980, the Fifth National People's Congress of the third session of the adoption of the new "Chinese People's *** and State Marriage Law", since January 1981 The Marriage Law of the People's Republic of China promulgated on May 1, 1950, was repealed as of the date of implementation of this Law, and was amended on April 28, 2001, at the Twenty-first Meeting of the Standing Committee of the Ninth National People's Congress.
Divorce
Article 31 Divorce shall be granted to a man and a woman if they divorce voluntarily. Both parties must apply for divorce at the marriage registration authority. When the marriage registration authority ascertains that the divorce is indeed voluntary and that the issues of children and property have been appropriately dealt with, it shall issue a certificate of divorce. Article 32 If a man or a woman requests a divorce, the relevant authorities may carry out mediation or file a divorce lawsuit directly with a people's court. The people's courts shall conduct conciliation in divorce cases; if the relationship has really broken down and conciliation is ineffective, the divorce shall be granted. Divorce shall be granted where mediation is ineffective in one of the following cases: (1) bigamy or cohabitation of a spouse with another person; (2) domestic violence or abuse or abandonment of family members; (3) repeated refusal to change vices such as gambling or drug abuse; (4) separation for two years due to incompatibility; (5) other circumstances leading to the break-up of the couple's relationship. If one of the spouses is declared missing and the other spouse files for divorce proceedings, the divorce shall be granted. Article 33 A spouse of an active-duty military personnel who seeks a divorce must obtain the consent of the military personnel, except in cases where one of the military personnel is at fault. Article 34 A man may not file for divorce during the woman's pregnancy, within one year after the delivery of her child, or within six months after the termination of her pregnancy. If the woman files for divorce, or if the people's court deems it necessary to accept the man's request for divorce, this shall not apply. Article 35 After a divorce, if a man and a woman voluntarily resume their relationship as husband and wife, they must register their remarriage at the marriage registration office. Article 36 The relationship between parents and children shall not be eliminated by the parents' divorce. After divorce, children remain the children of both parents, regardless of whether they are directly raised by the father or the mother. After divorce, parents still have the right and obligation to raise and educate their children. After divorce, children who are breastfeeding shall be raised by the mother who is breastfeeding them. In the case of children after the nursing period, if the two parties cannot reach an agreement over the issue of child-rearing, the people's court shall decide on the basis of the rights and interests of the children and the specific circumstances of the two parties. Article 37 After divorce, if one of the parties raises a child, the other party shall bear one or all of the necessary living and education expenses; the amount and duration of the expenses shall be agreed upon by both parties; if the agreement fails, the people's court shall adjudicate. The agreement or judgment on the children's living and educational expenses shall not prevent the children from making reasonable demands on either parent in excess of the original amount of the agreement or judgment, if necessary. Article 38 After divorce, a parent who does not directly support the children shall have the right to visit the children, and the other parent shall have the obligation to assist. The manner and time of exercising the right of visitation shall be agreed upon by the parties concerned; if the agreement fails, the people's court shall adjudicate. Where a parent's visit to his or her children is not conducive to the children's physical or mental health, the people's court shall suspend the right of visit in accordance with the law; when the reasons for the suspension have disappeared, the right of visit shall be restored. Article 39 In the event of divorce, the ****same property of a husband or wife shall be disposed of by agreement between the two parties; in the event that the agreement fails, the people's court shall adjudicate on the basis of the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman. The rights and interests, etc., enjoyed by a husband or wife in the contracted management of family land shall be protected in accordance with the law. Article 40 A husband and wife who have agreed in writing that property acquired during the marriage shall be owned by each of them, and that one of them has paid more for raising children, caring for the elderly and assisting the other in his or her work, shall have the right to request compensation from the other party in the event of a divorce, and the other party shall make such compensation. Article 41 In the event of divorce, debts incurred for the couple's **** life together shall be **** repaid together. If the *** joint property is insufficient to settle the debts, or if the property is owned by each of the spouses, the debts shall be settled by agreement between the two parties; if the agreement fails, the people's court shall adjudicate the settlement of the debts. Article 42 In the event of divorce, if one party has difficulties in living, the other party shall give appropriate assistance from its personal property such as housing. Specific measures by mutual agreement; if the agreement fails, the people's court judgment.