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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 one 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?

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 property division, child custody, debts, etc. They can go together to the civil affairs bureau to handle the divorce by agreement.

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

Apart from these two methods, there are no other divorce methods; claims like 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 related laws, the dissolution of the marriage relationship between spouses can only be done 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 regarding the divorce, and the marriage registration authority issues a divorce certificate, thereby terminating the marriage relationship.
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 period expires and within 30 days, both parties must personally go to the marriage registration authority to apply for the issuance of the divorce certificate; if they do not apply, it is considered a withdrawal of the divorce registration application. The Civil Code specifically sets up a "cooling-off period" for divorce, changing the situation of "immediate application and immediate divorce," which is beneficial for urging 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 not 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 the divorce certificate within 30 days, it is considered 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 parties agree to divorce, unless there are difficulties in reaching a consensus on issues such as child custody, property division, and debt assumption, 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 "good parting" method of divorce, fully reflecting the "freedom of divorce" in marriage freedom, making it the preferred method for parties to 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 the 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 method).
   In contrast, divorce by litigation, using the simplified procedure, takes about 3 months from filing to the first-instance judgment. Using the ordinary procedure, 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 about 3 months; if the first-instance judgment does not permit divorce, and neither party appeals, within 6 months after the judgment becomes effective, without new circumstances or reasons, the plaintiff cannot file for divorce again. Therefore, compared to divorce by litigation, divorce by agreement is relatively quick.
   (2) No Fees Required
   On March 15, 2017, the "Notice of the Ministry of Finance and the National Development and Reform Commission on Cleaning Up and Standardizing a Batch of Administrative and Institutional Charges" abolished the marriage registration fee, meaning that there is no longer a fee for processing divorce by agreement. In divorce by litigation, the court charges litigation fees based on the case, which are a certain percentage of the litigation amount. According to the "Measures for the Payment of Litigation Fees" effective 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 fee is charged; for amounts exceeding 200,000 yuan, a fee of 0.5% is charged. Based on these standards, the case acceptance fee for divorce disputes is at least 50 yuan, and can go up to thousands or even tens of thousands of yuan. According to the "Several Opinions of the Beijing High People's Court on the Application of the 'Measures for the Payment of Litigation Fees'" and the "Notice of the Beijing Development and Reform Commission and the Beijing Finance Bureau on the Standards for Litigation Acceptance Fees for Non-Property Civil Cases," 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, Strong Privacy
   If both parties take the divorce by agreement approach, they can avoid "outsiders" knowing their "domestic affairs," and the specific matters are handled entirely by both parties, with knowledge limited to both parties or their relatives and friends; in the process of divorce by agreement involving lawyers, the number of people who know increases only by the lawyer, unlike divorce by litigation, where the knowledge expands to the court system, due to the delivery of litigation documents, and possible 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. Because lawyers must adhere to professional ethical standards, they often keep confidential the information about divorce parties they learn during their practice, especially private information, thus ensuring strong privacy in divorce by agreement.
   (4) High Likelihood of Automatic Fulfillment by Parties
   When divorcing by agreement, the content of the agreement reached is the result of effective negotiation between both parties, so there is less dispute between them. Regarding specific issues such as child custody, payment of support, and visitation rights, both parties generally will actively fulfill their obligations, which is more likely to happen compared to the court's enforcement. This 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 the parties has intensified, and after the judgment of divorce, the judgment result is made by the judge based on the law and the facts proven by evidence. In most cases, it cannot simultaneously satisfy the demands of both parties, which may lead to dissatisfaction from one party, and in reality, there are often cases where one party refuses to fulfill the judgment. Even with the court's mediation document, it is also common for one party not to fully comply. Especially in issues involving 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. In most cases, the only measures that can be taken against the other party's failure to fulfill the obligations determined by the judgment are detention or fines. In comparison, divorce agreements are mostly made based on mutual understanding and willingness, making it easier for both parties to accept and cooperate, allowing for a situation where "the relationship has ended, but we can still be friends," preventing the broken relationship from escalating into hostility, and also contributing to social harmony and stability.
2. Disadvantages of Divorce by Agreement
   Of course, compared to divorce by litigation, divorce by agreement also has some disadvantages, mainly as follows:
   (1) Divorce agreements do not have the force of compulsory execution
   When a legally effective divorce judgment or mediation document is in place, if one party refuses to fulfill the corresponding obligations, the other party can apply to the court for compulsory execution, and the court's enforcement agency can enforce based on the content of the "Civil Judgment" or "Civil Mediation Document." However, divorce agreements do not have the force of compulsory execution. 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 after the court hears the case and issues a "Civil Judgment" or "Civil Mediation Document," they can apply for compulsory execution after the corresponding legal document takes effect.
   (2) Self-reached divorce agreements often leave hidden dangers
   The content of the divorce agreement can be reached by mutual agreement between the parties. Due to limited legal knowledge, parties often lack understanding of the legal consequences of specific clauses in the agreement. The agreement often does not consider property division, child custody, and debt handling comprehensively, 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 the intention to divorce, the exercise of child custody, payment of support, exercise of visitation rights, willingness for property division, division of debts, etc., 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 clauses in divorce agreements 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" (hereinafter referred to as "Interpretation (I) of the Marriage and Family Compilation of the Civil Code"), if one party changes their mind after agreeing to divorce and requests the revocation of the property division agreement, the people's court shall accept it. After the court hears the case, if no fraud, coercion, or other circumstances are found at the time of establishing the property division agreement, the court 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 by the court after hearing the case.
   (4) The scope of application is subject to certain restrictions
   Not all parties wishing to divorce can handle 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 subject to certain restrictions, such as both parties must hold a marriage certificate issued by the mainland or a marriage certificate issued by Chinese embassies or consulates abroad, both parties must have full civil capacity, and both must agree to divorce and 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, and those who are incapacitated or have limited civil capacity, cannot divorce by agreement and can only divorce through litigation 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 divorce agreement templates online and use them after simple modifications. Just as "there are no two identical leaves in the world," each divorce case has its own characteristics. Not considering the 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 not be a problem, but for divorces involving real estate, large stocks, company equity, and significant disputed property amounts, it is best to have a professional divorce lawyer draft the divorce agreement to ensure the legal rights of the parties.
   When lawyers draft divorce agreements, they generally detail the issues involved, especially property division (such as real estate, stocks, company equity) 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 some similarities to economic contracts in business, sometimes "a word is worth a thousand gold," and sometimes "a single word can lead to a thousand miles of error." Some divorce agreements may contain hidden traps and pitfalls in their content; blindly signing can easily infringe on one's legal rights once the agreement takes effect.
   (2) For large amounts of property, a separate property division agreement can be signed outside the divorce agreement, and the property division agreement can be legally notarized
   A property division agreement refers to a written agreement signed by both spouses after negotiating the 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, equity, deposits, vehicles), quantity, value, ownership, etc., and for those that require transfer, the agreement should specify the time, place, breach of contract liability for overdue processing, and dispute resolution clauses to fully protect the legal rights of the parties.
   (3) Include breach of contract liability clauses regarding property division, payment, and transfer in the divorce agreement
   Breach of contract liability mainly concerns property division, payment deadlines, and property transfer, while it is challenging to regulate and restrict issues related to divorce, child custody, etc., through breach of contract liability.
   (4) After signing the divorce agreement, parties can go to court for pre-litigation mediation, and if one party fails to fulfill their obligations, they can directly apply for compulsory execution
   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 a formal mediation procedure is followed, a mediation document can generally be issued within 3 months. The timing of when the court can issue a mediation document mainly depends on the court's case volume.
   (2) Analysis of the Pros and Cons of Divorce by Litigation
   Divorce by litigation refers to the situation where both spouses cannot reach a consensus on whether to divorce or on issues such as property division, debt sharing, and child custody, and thus file a lawsuit in the people's court. After hearing the case, the people's court resolves the marriage relationship through mediation or judgment.
4. Advantages of Divorce by Litigation
   (1) High legal effect and strong enforcement
   The legal effect of the court's mediation document or judgment far exceeds that of the divorce agreement between the parties. Once the divorce mediation document or judgment takes effect, it has legal enforcement power. Parties must fulfill their obligations according to the content of the mediation document or judgment in a timely manner; if the party obligated to perform refuses to fulfill the court's mediation document or judgment, the other party has the right to apply to the court for compulsory execution, and the executing court will enforce according to the party's application.
   (2) Beneficial for safeguarding rights and effectively resolving disputes
   According to Article 1087 of the Civil Code, when divorcing, the couple's common property shall be handled by mutual agreement; if no agreement is reached, the people's court shall make a judgment based on the specific circumstances of the property, considering the rights of children, the wife, and the innocent party. In cases where one party is the wife or the innocent party, if reasonable demands regarding child custody and property division cannot be met through negotiation, divorce by litigation can more effectively safeguard one's legal rights.
   (3) Achieves relative objectivity and fairness
   During divorce litigation, the court makes relatively fair judgments based on the evidence submitted by both parties, the objective facts of the case, and the corresponding legal provisions. If there are objections to the division of property in the divorce judgment, parties can appeal and apply for retrial to correct erroneous judgments.
   (4) Comprehensive problem-solving
   When parties choose divorce by litigation, they have generally considered the issues involved in their divorce thoroughly, so the evidence submitted to the court is usually more sufficient and comprehensive, facilitating the judge's comprehensive review of the issues involved in the case. Divorce litigation is usually represented by lawyers, who strive to resolve as many issues as possible during the divorce. Judges possess professional legal knowledge and practical experience, and through comprehensive hearings of the case, they aim to resolve existing issues as much as possible. During the case hearing process, through evidence presentation, cross-examination by both parties, and inquiries by the judge, parties may recall or discover some forgotten properties or debts, which can be resolved in court once presented. Compared to divorce by agreement, divorce by litigation tends to address issues more comprehensively. Especially since parties generally lack experience in litigation procedures and evidence handling, while lawyers are familiar with relevant divorce laws and litigation procedures, they can provide legal assistance from multiple aspects of facts, law, and evidence. The representation of lawyers can better safeguard the legal rights of the parties and minimize the risk of leaving hidden dangers.
   (5) Mediation under the judge's guidance is conducive to resolving disputes
   Before filing a lawsuit for divorce, parties generally experience a process of negotiation to resolve issues. Typically, they only resort to court when negotiations fail. Of course, some parties may not want to waste time and go directly to court. After the court accepts the case, divorce cases generally undergo preliminary mediation, which is almost integrated into the entire litigation process. In practice, many cases are concluded through mediation by judges, as judges usually have very rich practical experience. By analyzing the pros and cons based on the evidence submitted by both parties, they help parties fully understand the judgment results they face, facilitating a quicker resolution of disputes. As a neutral party, the judge presides over the mediation, allowing both parties to communicate openly with each other in the presence of a third party. In the solemn environment of the court, both parties tend to be more rational. Based on their trust in the judge, both parties can communicate their true thoughts, making it easier to understand each other, which is conducive to unifying opinions and ultimately reaching a mediation agreement. Mediation presided over by a judge is characterized by high efficiency, quick problem resolution, and immediate effectiveness of the mediation document once signed (it can also take effect upon signing in the mediation record), which is conducive to resolving disputes.
5. Disadvantages of Divorce by Litigation
   (1) Long time and low efficiency
   According to the provisions of the Civil Procedure Law regarding the time limit for hearings, divorce cases handled under the simplified procedure generally have a hearing limit of 3 months; those handled under the ordinary procedure generally have a hearing limit of 6 months. If one party is abroad or even missing, the time required for divorce is even longer. In Beijing, ordinary divorce cases, if there are no other significant or complex factors, generally apply the simplified procedure. Only cases with large amounts in dispute, significant issues, or relatively complex cases apply the ordinary procedure. The sluggish litigation process leads to a longer time required for divorce.
   (2) Relatively high costs
   In divorce litigation cases, the fees that parties must pay are determined based on the amount of property involved in the case and the complexity of the case. The economic costs of general divorce cases mainly manifest in the following aspects:
   First, lawyer's agency fees. Currently, there is no unified standard for lawyer fees in China, and there are differences in fees among different cities and different law firms within the same city. For example, for the same divorce case, some lawyers may charge a few thousand yuan for representation, while others may charge tens of thousands of yuan. Therefore, before hiring a lawyer to represent a divorce case, it is essential to understand the local lawyer fee market and hire a lawyer within one's financial capability. Taking the fees of Beijing Jihe Law Firm as an example (2020 version), the approximate fee situation in the Beijing legal industry is as follows:

• ① For cases not involving property amounts, the lawyer's agency fee for ordinary civil cases in Beijing is not less than 20,000 yuan, and for civil cases from other regions, the lawyer's agency fee is not less than 50,000 yuan.
• ② For cases involving property amounts, the lawyer's agency fee is charged progressively based on the disputed amount as follows: for amounts under 100,000 yuan, the lawyer's agency fee is 20,000 yuan; for amounts between 100,000 and 1 million yuan, an additional 8% to 10% is charged on the portion exceeding 100,000 yuan on top of the initial 20,000 yuan fee; for amounts between 1 million and 5 million yuan, an additional 6% to 8% is charged on the portion exceeding 1 million yuan on top of the previous two tiers; for amounts between 5 million and 10 million yuan, an additional 4% to 6% is charged on the portion exceeding 5 million yuan on top of the previous three tiers; for amounts exceeding 10 million yuan, an additional 4% is charged on the portion exceeding 10 million yuan on top of the previous four tiers; and for amounts exceeding 100 million yuan, an additional 2% is charged on the portion exceeding 100 million yuan on top of the previous five tiers.

Second, court litigation fees.#

Divorce litigation fees are mandatory fees that parties must pay, generally paid in advance by the plaintiff. In divorce cases, if the court's first judgment does not permit divorce, a litigation fee of generally 50 to 300 yuan is charged, and any excess can be refunded by the court. If the court ultimately rules for divorce, the litigation fees charged by the court are generally not refunded. When the court rules for divorce, it generally orders both parties to share the litigation costs according to the proportion of the common property they receive. Depending on the case, the court may also order the plaintiff and defendant to share the litigation costs equally. If the court ultimately does not rule for divorce, the litigation costs are borne by the plaintiff.
Third, the evaluation fees for dividing property. In divorce cases, if property division is involved and the parties cannot agree on the value of the property, one party must apply for an evaluation, and the court will entrust an institution with property evaluation qualifications (which can be one designated by both parties within a negotiated range, or determined by lottery if no agreement is reached) to evaluate the property. The evaluation fee is usually calculated based on a certain percentage of the property price, typically 1% to 5% of the property price.

Fourth, other fees.#

In divorce cases, if parties apply for property preservation or appraisal, they also need to pay property preservation fees or appraisal fees.
(3) High mental stress
As mentioned earlier, the time for general divorce litigation is relatively long, and during the lengthy divorce process, both parties experience significant mental stress. When parties meet in court, it is easy to blame each other and expose privacy, exacerbating the already broken marital relationship. Some parties may refuse to acknowledge the other party's unprovable assets, which can deepen the conflict between them and emotionally impact the parties. Additionally, the impact of divorce litigation is, to some extent, broader than that of divorce by agreement, easily leading to physical and mental exhaustion for the parties.

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 decision to divorce, confirming that they have decided to dissolve the marriage relationship.

2. Property Division:

   • A detailed division plan for the couple's common property, including the distribution of real estate, savings, debts, etc.
   • The responsibilities for common 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 the repayment of common debts.
   • Arrangements for how one party will repay any debts.

5. Support Obligations:

   • If there are parents needing support, clarify both parties' responsibilities for support.

6. Other Agreements:

   • If there are any other special circumstances or agreements, they can be detailed in the agreement.

7. Signatures and Dates:

   • The agreement must be signed by both spouses and include the date of signing.

The divorce agreement should be clear and explicit to avoid disputes in the future. Generally, both parties can reach a consensus through negotiation, and if disputes arise, 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 the 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 any of the following circumstances apply:

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 and the other party disagrees, they cannot go to the civil affairs bureau to handle the divorce by agreement. The party requesting 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 should sign a written divorce agreement and personally apply to the marriage registration authority for divorce registration. The divorce agreement should 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 without civil capacity
   • Divorce involves the dissolution of the identity relationship between the parties. If one party is a person without civil capacity or with 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 of the parties cannot act on their behalf to handle divorce by agreement. The divorce issues of persons without civil capacity or with 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 handle the agreement procedures and can only divorce through the people's court.

2. If both parties can basically negotiate but the level of trust is not very high, or if the amount of property in dispute is relatively large, and there may be subsequent disputes, or if both parties are not very confident about the content of the divorce agreement, it is recommended to go through the litigation divorce process and mediate divorce through the court. In this case, if all goes smoothly, divorce may be achieved within 30 days.

On one hand, if the level of trust is not very high, and conflicts arise during the cooling-off period, one party may withdraw the divorce application, or after the cooling-off period expires, they may not cooperate with the other party to obtain the divorce certificate. In this case, the divorce by agreement process would need to be initiated again, and such back-and-forth makes it uncertain when both parties can successfully divorce.

On the other hand, the divorce agreement itself does not have compulsory enforcement power. Even if the divorce registration is completed, as long as one party does not fulfill the terms of the divorce agreement, the other party still has to 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 with the transfer procedures, the party receiving 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, as long as both parties can negotiate during the litigation, it is generally possible to mediate divorce within the court's two-month litigation and mediation period, and even conclude the case within a month, which may be faster than divorce by agreement (of course, the premise is that the other party still agrees to divorce during the litigation and mediation phase). For example, in January 2021, four divorce cases I encountered were all mediated and concluded within two months after filing in the Pudong court, with two of them 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 on Property
Property division is often the area where disputes easily arise during divorce, and the division of real estate is the focal point of property division. However, unlike divorce by litigation, both parties in divorce by agreement can completely divide property according to their wishes as long as they reach a consensus and do not violate mandatory or prohibitive legal provisions.

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 agree to sell the property after divorce, dividing the proceeds 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 handling the divorce procedures. If it cannot be changed during the marriage, then after the divorce, they should promptly go to the property management department to change the registration 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
   Due to the significant amount involved in purchasing a property, many families cannot afford to pay the entire amount at once, and the division of properties with outstanding mortgages is necessary 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, and the owner only needs to notify the mortgagee (bank).
   In practice, if both parties can reach a consensus on property division, and the loan period is short with low monthly payments, banks generally cooperate with the procedures for changing the loan contract. However, for loans with longer periods and higher monthly payments, if the new borrower's monthly salary is insufficient to cover double the repayment amount, and no additional guarantees are provided, banks generally will not agree to change the primary borrower or reduce co-mortgagors. When handling bank loan modification procedures, banks will strictly require both parties to be present; if only one party is present, the bank will refuse to process the modification. If one party cannot be present due to special circumstances, they can authorize a third party to handle the modification, but the "Power of Attorney" and related procedures must be notarized.
   Some parties, in order to expedite the divorce process, often agree to change the property to the other party's name after all payments are made, but worry that the registered owner will not cooperate with 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 phases: establishment and effectiveness.
The divorce agreement is a consensus reached by both spouses with the aim of terminating the marriage relationship, addressing property division, child custody, and other related issues, and must comply with legal provisions and not violate public morals. Therefore, the divorce agreement is deemed established when both parties reach a common intention, i.e., when both parties sign.
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 predicated on the dissolution of the 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 they go to the marriage registration authority to divorce, and 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 parties can rest easy. The law gives both parties the opportunity to seek relief again, meaning that regarding the content of the divorce agreement, parties have the right to change their minds through litigation procedures. According to Article 70 of the "Interpretation (I) of the Marriage and Family Compilation of the Civil Code," if one party changes their mind regarding the property division after agreeing to divorce and requests the revocation of the property division agreement, the people's court shall accept it. Of course, this relief has a premise, which is that one party must have acted fraudulently or coercively 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 for 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 are registered as married abroad or in Hong Kong, Macau, or Taiwan;

6. One party is a person with limited capacity or a person without 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 filing. If mediation can be achieved during the litigation phase, it may be possible to conclude the case within a month after filing. For example, in January 2021, four divorce cases I encountered were all mediated and concluded within two months after filing in the Pudong court, with two of them 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 rule for divorce during the first filing, and a second filing will be necessary, or even more. But if you persist in wanting a divorce, just file as soon as possible; the court will eventually grant the divorce, albeit with a longer time frame.

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 negotiating 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 know that in some divorce cases with significant property disputes, it is normal for a single litigation to take three to four years, so whenever possible, do not give up the opportunity to negotiate. If necessary, consider using concessions to expedite the process.

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

So, under what circumstances will the court rule for divorce?

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

Cohabitation with others refers to a spouse living with someone of the opposite sex outside of marriage, not in the name of husband and wife, and maintaining a stable cohabitation. Therefore, it is necessary to prove that both parties live together and have cohabited for a certain period. It cannot simply be concluded based on having children, as having children may only be the result of a one-time act. Photos or videos showing brief interactions may only prove infidelity. Moreover, cohabitation requires a certain duration, typically at least three months in practice, and some judges may require a year, for example, judges may say that they need to provide photos or videos showing that they lived together in all four seasons.

2) Committing domestic violence or abusing or abandoning 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.

Abandonment occurs when one party has a duty to support elderly, young, sick, or other family members without independent living ability and refuses to provide support. This is manifested by not providing financial support or care, making it impossible for the supported person's normal life to be maintained, and even endangering their life and health.

3) Having gambling, drug abuse, or other bad habits and failing to correct them;

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

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

Here, living apart refers to the couple living separately due to emotional discord. Living apart for reasons such as work or study does not count; however, after living apart, both parties no longer fulfill their marital obligations, do not financially support each other, and do not help each other in life, resulting in no marital life.

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

This is a catch-all provision, as the reasons for the breakdown of a couple's feelings are complex, and the law cannot enumerate them all. Common situations include infidelity during marriage, one party's addiction to prostitution, repeated fines or detentions by public security authorities, one party having an affair and giving birth to children, and one party raping and cohabiting with their stepdaughter, etc.

Of course, the conditions stipulated by law for determining the breakdown of feelings are not necessary legal conditions for divorce; even without the above reasons, if feelings have indeed broken down, the court should also rule for divorce.

Photos of infidelity caught in bed at home are valid evidence, but it is important to note that apart from submitting them to the court as evidence, they should not be spread indiscriminately, and no personal insults should be directed at the third party, as this may constitute a violation of 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 divorce and the couple has lived apart for more than a year, and one party files for divorce again, divorce should be granted.

Here, living apart does not emphasize that it must be due to emotional discord; as long as they are living apart, 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 regarding when they can finally be free.

Therefore, 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. Evidence of living apart can generally be proven through the following means: 1. A signed separation agreement; 2. Rental contracts, rent payment receipts, and utility bills for one party renting elsewhere; 3. WeChat chat records, text message records, emails, etc., acknowledging the fact of separation; 4. Other evidence that can prove separation, such as witnesses who can testify to the long-term separation of both parties, etc. Of course, in practice, judges will also consider whether there has been no physical contact and no financial transactions between the parties as part of their comprehensive determination.

Finally, a suggestion: If possible, seek the assistance of a professional lawyer, as they 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 required for divorce, and assist in investigating evidence, organizing evidence, increasing the likelihood of favorable court rulings, and 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 the situation where both spouses stop living together while maintaining their marital relationship, not fulfilling their rights and obligations as spouses, 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 parties must be objectively in a state of separation. There must be a factual state where the couple does 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 at different addresses, it constitutes an objective state of separation; even if both parties 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 should not be due to insurmountable objective reasons but should be actively pursued by the party seeking separation. If separation is due to work, study, or medical treatment, it does not count as legal separation. For example, in a divorce case where the husband is the plaintiff, he claims that they have been sleeping in separate rooms for more than two years. When the judge inquires about the reason for sleeping apart, the husband replies, "Because the wife snores, affecting my work the next day." The wife provides chat records showing that they had normal marital relations during the separation period, and the court determines that their separation does not constitute emotional discord, thus rejecting the plaintiff's lawsuit.
3. The separation period must exceed two years. This means that the couple must have continuously lived apart for more than two years since their last separation. The separation period 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. Instead, it should be counted continuously from the last separation before filing for divorce.

Six, Other Circumstances Leading to the Breakdown of Marital Feelings#

This is a catch-all provision. Currently, based on relevant judicial interpretations and judicial practice, the following situations mainly apply:
(1) Disputes 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, leading to a breakdown of feelings, and one party requests divorce, the people's court should handle it according to Article 1079, Clause 3, Item 5 of the Civil Code. Therefore, disputes over whether to have children leading to divorce lawsuits should be granted.
(2) One spouse being criminally prosecuted for bigamy by the other spouse leading to a divorce lawsuit
If one spouse commits bigamy and is criminally prosecuted by the other spouse, resulting in a conviction for bigamy, if the other spouse files for divorce citing the breakdown of marital feelings, the court should grant the divorce.

Eight, If the People's Court Previously Rules Against Divorce and the Couple Separates for More than a Year, and One Party Files for Divorce Again, Divorce Should Be Granted#

This provision is a highlight added by the Civil Code. In judicial practice, most judges adhere to the principle of "encouraging reconciliation rather than separation" when handling divorce cases. If, upon review, the couple's feelings have not broken down or there is a possibility of reconciliation during the first divorce filing, the court will directly rule against divorce. Before the Civil Code took effect, according to the relevant provisions of the Marriage Law and the Civil Procedure Law, if a party's first divorce lawsuit was rejected by the court, they could file again six months after the judgment became effective. The court should accept it, but if the criteria for determining the breakdown of marital feelings under Article 32 of the Marriage Law are not met, the court may still rule against divorce. In cases I have previously handled, there have been instances where parties filed for divorce multiple times over many years without being granted divorce.

Common Issues in Divorce Litigation#

(1) The connotation of the fidelity agreement
A "fidelity agreement" refers to an agreement voluntarily signed by both parties before or after marriage, stipulating that both parties shall adhere to the mutual obligation of fidelity during the marriage relationship. It also specifies that if one party violates the fidelity obligation and becomes the party at fault, they will 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 practice include "Fidelity Agreement," "Commitment Letter," "Guarantee Letter," "Letter of Repentance," "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, primarily arguing that "spouses should be mutually faithful" is merely a value proposition and belongs to moral adjustment. In the absence of 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 this falls within the moral realm, and the law should not forcibly intervene. Additionally, fidelity agreements combine personal and property matters, and the law does not allow the establishment of personal relationships through contracts or agreements. China's current laws clearly stipulate the principles of marital freedom and the statutory principle of personal rights, and fidelity agreements restrict the personal rights of the parties, thus rendering them invalid.

Do the compensation clauses stipulated in the divorce agreement constitute compensation for mental damages?#

Compensation for mental damages is predicated on the infringement of a natural person's personality rights, and the amount of compensation is determined based on the degree of fault of the infringer, the means, circumstances, and manner of the infringement, the consequences of the infringement, the infringer's profits, and the economic capacity of the infringer. Compensation for mental damages arising from the fault behavior specified in Article 1091 of the Civil Code constitutes a statutory obligation.

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 agree on the ownership, management, use, benefits, disposal, and repayment of third-party debts of property acquired before and during the marriage relationship through agreements, thereby excluding or partially excluding the application of the statutory property regime for spouses.
   The agreed property regime is relative to the statutory property regime; it is a property regime chosen by spouses through contracts, while the statutory property regime is directly stipulated by law. The agreed property regime has priority over the application of 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 relationship and property acquired 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 on property acquired during the marriage relationship and property acquired before marriage is legally binding on both parties. If the property acquired during the marriage relationship is agreed to belong to each party, the debts incurred by one party to third parties, if the other party is aware of the agreement, shall be repaid from that party's personal property.

• 3. The difference between the property agreement between spouses and the property division agreement signed for the purpose of divorce
  The property regime agreed upon by spouses should be distinguished from the property division agreement signed for the purpose of divorce. If the parties reach a property division agreement conditioned on registering for divorce or mediating for 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 common property according to the actual situation.
  The property agreement between spouses and the property division agreement signed for the purpose of divorce both involve the handling of common property. However, the difference is that the property division agreement signed for the purpose of divorce is a comprehensive agreement reached by both spouses due to the dissolution of their marital identity, addressing issues such as custody of minor children and the division of common property. The terms of the agreement are holistic and indivisible. The property division agreement for the purpose of divorce involves identity relationship issues; only when the marital identity relationship is dissolved will the corresponding property division terms take effect. If only a divorce agreement is signed but the agreement divorce procedures are not completed, the property division agreement will not take effect, and either party has the right to change their mind. In contrast, the property agreement between spouses generally becomes legally binding once signed, unless additional conditions are set.
• 4. The difference between the property agreement between spouses and gifts between spouses
     As long as the property agreement between spouses reflects the true intention of both parties and does not violate prohibitive legal provisions, it is legally binding on the spouses, and both parties must fulfill their respective obligations according to the agreement. 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 marriage or during the marriage relationship, and the donor revokes the gift before the property transfer registration, the other party may request the court to enforce the gift according to Article 658 of the Civil Code.
     The property agreement between spouses is different from ordinary economic contracts. Due to the special identity relationship between spouses, both parties often consider many moral and ethical factors when reaching a property agreement, 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 a clear intention 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, parties should clarify their litigation intentions, which refers to the objectives they wish to achieve through divorce litigation, legally termed "litigation requests." Generally, parties in divorce cases aim to achieve three objectives through litigation: (1) dissolve the marriage relationship; (2) divide the couple's common property and shared debts; (3) resolve issues regarding child custody and the burden of child support. In light of 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 for legal marriage.

Divorce cases generally involve the division of common property between spouses. Faced with a marriage on the verge of collapse, one spouse often employs various means to transfer or hide assets to gain more benefits. To prevent the divorce judgment from becoming a mere formality and to ensure that they receive their rightful property after divorce, it is particularly important to take necessary protective measures for property before filing for divorce. Common protective measures for property 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 sections:

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 the litigation requests you are making, which typically involve the following aspects:

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

For example:

• Request the court to rule for 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 common property (such as real estate, savings, etc.).

4. Facts and Reasons#

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

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

5. Evidence List#

List the evidence supporting your claims, which may include:

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

6. Legal Basis#

Briefly list the relevant legal provisions and articles supporting 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, respectfully" and indicate the date, along with your signature.

For example:

• Sincerely,
  Beijing Certain District People's Court
  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 rule for divorce between the plaintiff and defendant;
2. Request the court to determine that child custody belongs to the plaintiff and order the defendant to pay child support;
3. Request the court to divide the couple's common property, including one house located in Chaoyang District, Beijing, and savings of 100,000 yuan.

Facts and Reasons:
The plaintiff and defendant married in 2012, and their relationship was harmonious at first. However, in recent years, due to personality differences and long-term separation, their feelings have broken down, and they can no longer maintain their marriage relationship. Multiple attempts at mediation have failed, and their conflicts 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 significant disagreements regarding property division and child custody. In light of this, the plaintiff requests the court to rule for 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 savings, 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,  
**Beijing Certain District People's Court**

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 possible, 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, request the court to rule for the dissolution of the marriage relationship between the plaintiff and defendant.
Second, regarding the custody of minor children, specify who will have custody, the amount of child support, payment methods, and payment deadlines.
Third, address the handling of common property. If there are property disputes, specify opinions on property division; if there are no property disputes or they have been resolved, state that no court action is needed.
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 to provide economic assistance, specify the method of assistance.
Seventh, if requesting the other party to bear the litigation costs, directly state that the litigation costs of this case shall be borne by the other party.
(3) Facts and Reasons for the Litigation Basis
This section needs to specify: when the 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 to illustrate the reasons for the breakdown of marital feelings and the main facts and reasons. When writing the facts and reasons for the litigation basis, 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 if not careful, they may inadvertently write something unfavorable to themselves in the complaint, putting themselves at a disadvantage in the litigation. Therefore, it is best to be concise and objective, focusing on facts such as when they married, whether they had children, and the gender and age of the children. Avoid subjective speculations without evidence, as this may provide the other party with grounds for counterclaims, accusing the plaintiff of being overly suspicious.
2. Be factual and avoid exaggeration
   In divorce cases, it is common for the plaintiff to belittle the other party in the complaint, even insulting their character and excessively exaggerating the other party's faults to vilify them and gain the judge's sympathy. However, this can easily provoke the judge's dislike, potentially leading to a request for revisions during filing. Even if the case passes the judge's review, it may anger the other party, making mediation more difficult. Therefore, even if the defendant has faults, the plaintiff should only mention them briefly 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, the complaint can briefly state that the couple's emotional foundation was weak before marriage, that they discovered personality incompatibility and differences in life and values after marriage, and that they lack effective communication. They can then list facts indicating disharmony in family life, explaining 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 photocopies of both parties' identification cards.
   • Original and photocopies 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, child custody, etc.
   • Both parties need to 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 custody arrangement is mentioned in the divorce agreement, provide the relevant agreement.

5. Property Related Materials (if applicable):

   • If property division is involved, provide proof of property such as real estate certificates, bank savings certificates, etc.
   • A property list can be provided, detailing the couple's common 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 court divorce litigation):

   • If divorce is pursued through court 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 the 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 list for divorce, 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 values.
• Bank Accounts: List all personal and joint bank accounts, including deposits, savings books, and deposit certificates.
• Vehicles: List all vehicle information, 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, artwork, collectibles, etc.
• Income: Include salary, bonuses, dividends, and other income sources.

2. Provide Clear Evidence#

• Property Certificates, Vehicle 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 asset 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, specify whether it is common 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 to avoid purely monetary exchanges.

5. Avoid Omissions#

• Ensure that no assets or liabilities are omitted when filling out the list 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 financial information, so it should be protected to prevent information leakage.

By following these tips, you can present your financial situation in a more organized and transparent manner, 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 evaluation by a relevant department, and the other party has evidence or reasons sufficient to refute it and applies for re-evaluation, the people's court should allow it. Therefore, in litigation, one party should not independently commission evaluators; they should apply for evaluation through the litigation process, and upon court approval, both parties can negotiate to determine a qualified evaluation institution and evaluator. If negotiations fail, the court will designate one. (2) Applications for evaluation should be made within the time limit specified by the people's court and the evaluation fees should be prepaid. If the application is not made or the fees are not prepaid within the time limit, it is deemed waived. (3) If a party has objections to the evaluation opinion, they should raise them in writing within the time limit specified by the people's court. The court should require the evaluator to provide explanations, clarifications, or supplements. If the party still has objections after receiving the evaluator's written response, they should pay the evaluator's appearance fee in advance, and the court should notify the evaluator to appear in court. (4) Evaluators should sign a commitment before starting the evaluation and complete the evaluation within the time limit specified by the court.
When parties challenge the evaluation opinion, they should note: (1) Examine whether the parties were notified to be present during the evaluation; if not, the legality should not be recognized. (2) Examine whether the content of the evaluation record matches the actual situation; if not, the authenticity should not be recognized.
Judges should pay attention to the following when reviewing evaluation opinions: (1) Whether the evaluation opinion's formal requirements are complete, including the names or titles of the clients, the content of the evaluation, the materials for the evaluation, the basis for the evaluation, the scientific and technical means used, explanations of the evaluation process, clear evaluation opinions, explanations of the evaluator's qualifications, and signatures or seals of the evaluators and evaluation institutions. (2) Whether the evaluators have any circumstances that should lead to their recusal but did not recuse themselves. (3) Whether the evaluation institution and evaluators have legal qualifications and whether the evaluation procedures, methods, and analysis processes comply with the inspection and evaluation regulations and technical requirements of their profession, and whether they comply with laws and relevant regulations. (4) Whether the source, acquisition, custody, and submission of the evidence comply with laws and relevant regulations, and whether they match the records of relevant extraction logs and seized item lists. Whether the evidence is sufficient and reliable. (5) Whether the evaluation opinion is clear. (6) Whether the evaluation opinion is related to the facts to be proven in the case, whether there are contradictions between the evaluation opinion and other evidence, and whether there are contradictions between the evaluation opinion and the inspection logs and related photos. (7) Whether the evaluation opinion was timely communicated to the relevant parties, and whether the parties have objections to the evaluation opinion. (8) If the parties have objections to the evaluation opinion or the court believes it is necessary for the evaluator to appear, the evaluator should appear in court. If the evaluator refuses to appear after being notified by the court, the evaluation 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 court personnel regarding the on-site inspection of evidence that can prove the facts of the case or the analysis, inspection, and examination of evidence or sites that cannot be conveniently brought to court. When inspecting evidence or sites, the inspectors must present court credentials and invite representatives from local grassroots organizations or the parties' workplaces to attend. The 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 court should prepare a record of the inspection, noting the time, place, inspectors, attendees, the process and results of the inspection, and have the inspectors and attendees sign or stamp the record. For drawn site maps, the date of drawing, orientation, and the names and identities of the surveyors should be noted.
When parties use inspection records as evidence in litigation, they should pay attention to: (1) Timely apply for inspection of important evidence or sites that cannot be submitted to court. (2) For complex and difficult cases, parties can apply for the court to conduct inspections or request the court to entrust knowledgeable personnel to conduct inspections. (3) If one party applies for an inspection record made by the people's court according to legal procedures, and the other party raises objections but does not provide sufficient counter-evidence, the court should confirm 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 should not be recognized.
• (2) Examine whether the content of the inspection record matches the actual situation; if not, the authenticity should not be recognized.
  Judges should pay attention to the following when preparing and reviewing inspection records:
• (1) Review whether the entity preparing the record has the authority to conduct the inspection.
• (2) For specialized technical issues, appoint or hire knowledgeable personnel to participate.
• (3) The inspectors, invited participants, and parties should sign or stamp 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 supplementary or corrected record should be prepared separately.

(1) Basis for Setting:

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

(2) 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 Chinese citizens marrying foreigners, and for mainland residents marrying residents of the Hong Kong Special Administrative Region (hereinafter referred to as Hong Kong residents), the Macau Special Administrative Region (hereinafter referred to as Macau residents), Taiwan residents (hereinafter referred to as Taiwan residents), and overseas Chinese, the agency responsible for marriage registration is the civil affairs department of the provincial, autonomous region, or municipality directly under the Central Government.

(3) Accepting Authority:

For mainland residents voluntarily divorcing, both parties should jointly go to the marriage registration authority at the permanent residence of one party to handle the divorce registration. In regions 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, Macau, Taiwan residents, and overseas Chinese, both parties should jointly go to the marriage registration authority at the permanent residence of the mainland resident to handle the divorce registration.

(4) 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 The marriage certificate issued by the mainland marriage registration authority or the Chinese embassy (consulate) abroad;

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.