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(I) of Interpretation of the Supreme People's Court of Ningbo on the Application of the Marriage and Family Section of the Civil Code

Ningbo Author：LuXu WANG

In order to correctly try the cases of marriage and family disputes, this interpretation is formulated according to the relevant legal provisions of the the People's Republic of China Civil Code, the the People's Republic of China Civil Procedure Law and so on, combined with the trial practice.

1. General Provisions

Article 1 Persistent and frequent domestic violence can be identified as "abuse" in Articles 1042, 1079 and 1091 of the Civil Code ".

Article 2 The situation of "cohabitation with another person" stipulated in Article 1042, Article 1079 and Article 1091 of the Civil Code of the People's Republic of China refers to the continuous and stable cohabitation between a spouse and the opposite sex outside marriage, not in the name of husband and wife.

Article 3 Where a party institutes legal proceedings solely seeking dissolution of a cohabitation relationship, the people’s court shall not accept the case; if the case has already been accepted, the court shall issue an order dismissing the lawsuit.

The people's court shall accept the lawsuit brought by the parties because of disputes over property division or child support during cohabitation.

Article 4 The people's court will not accept the lawsuit if the party only brings the lawsuit on the basis of Article 1043 of the Civil Code; if the lawsuit has been accepted, it will be ruled to reject the lawsuit.

Article 5 If a party requests to return the bride price paid according to the custom, the people's court shall support it if it is found out that it belongs to the following circumstances:

(I) both parties have not gone through the marriage registration formalities;

(II) Both parties have completed the marriage registration procedures but have not actually lived together;

(III) premarital benefits and cause hardship to the payer.

The application of the provisions of the second and third items of the preceding paragraph shall be conditional on the divorce of both parties.

2. Marriage

Article 6 If both men and women make up marriage registration according to the provisions of Article 1049 of the Civil Code, the validity of the marriage relationship shall be counted from the time when both parties meet the substantive requirements of marriage stipulated in the Civil Code.

Article 7: With regard to men and women who have lived together in the capacity of husband and wife without having registered their marriage in accordance with Article 1,049 of the Civil Code and who bring a lawsuit seeking divorce, different treatment shall be accorded:

(I) before the promulgation and implementation of the Regulations on the Administration of Marriage Registration by the Ministry of Civil Affairs on February 1, 1994, if both men and women have met the substantive requirements of marriage, they shall be treated as de facto marriage.

(II) after the promulgation and implementation of the Regulations on the Administration of Marriage Registration issued by the Ministry of Civil Affairs on February 1, 1994, if both men and women meet the substantive requirements of marriage, the people's court shall inform them to make up for marriage registration. If the marriage registration is not completed, it shall be dealt with in accordance with the provisions of Article 3 of this Interpretation.

Article 8 For men and women who live together in the name of husband and wife without going through marriage registration according to Article 1049 of the Civil Code, if one party dies and the other party claims to enjoy the right of inheritance as a spouse, it shall be dealt with according to the principle of Article 7 of this interpretation.

Article 9 The subjects who have the right to request the people's court to confirm the invalid marriage according to the provisions of Article 1051 of the Civil Code, including the parties to the marriage and the interested parties. Among them, stakeholders include:

If the (I) is based on bigamy, it is the close relatives and grass-roots organizations of the party concerned;

If the (II) is under the legal age of marriage, it is the close relative of the person who has not reached the legal age of marriage;

(III) Where the ground is a prohibited kinship relationship, it applies to the close relatives of the parties involved.

Article 10 The parties request the people's court to confirm the marriage is invalid according to the provisions of Article 1051 of the Civil Code. If the legal situation of invalid marriage has disappeared when the lawsuit is filed, the people's court will not support it.

Article 11. After a people’s court accepts a case requesting the confirmation of the invalidity of a marriage, an application by the plaintiff to withdraw the lawsuit shall not be permitted.

If mediation is not applicable to the trial of marital validity, a judgment shall be made according to law.

Where property division and child support are involved, mediation is possible. If a settlement is reached through mediation, a separate mediation statement shall be prepared; if no settlement is reached, a judgment shall be rendered accordingly.

Article 12 After the people's court accepts a divorce case, if the marriage is really invalid after trial, it shall inform the parties of the situation of invalid marriage, and make a judgment confirming the invalid marriage according to law.

Article 13 If the people's court has respectively accepted the cases of divorce and request for confirmation of marriage annulment for the same marriage relationship, the trial of the divorce case shall be conducted after the case of request for confirmation of marriage annulment is decided.

Article 14 After the death of one or both of the husband and wife, if the surviving party or the interested party requests to confirm the marriage is invalid according to the provisions of Article 1051 of the Civil Code, the people's court shall accept it.

Article 15 If the interested party requests the people's court to confirm the marriage is invalid according to the stipulation of Article 1051 of the Civil Code, the interested party is the plaintiff, and both parties to the marriage relationship are the defendants.

If one spouse dies, the surviving spouse shall be the defendant.

Article 16 When the people's court tries the case of invalid marriage caused by bigamy, if it involves the disposal of property, the legal marriage party shall be allowed to participate in the lawsuit as a third party with independent claim.

Article 17 If a party requests to confirm the marriage is invalid under circumstances other than the three invalid marriages stipulated in Article 1051 of the Civil Code, the people's court shall decide to reject the party's claims.

If the party brings a civil lawsuit on the grounds of defects in the marriage registration procedure, and claims to cancel the marriage registration, it shall be informed that it can apply for administrative reconsideration or bring an administrative lawsuit according to law.

Article 18 If the perpetrator threatens to cause damage to the life, body, health, reputation and property of the other party or his close relatives, forcing the other party to marry against his true will, it can be regarded as "coercion" as mentioned in Article 1052 of the Civil Code ".

The person who requests to cancel the marriage due to coercion can only be the party involved in the marriage relationship of the coerced party.

Article 19 The "one year" stipulated in Article 1052 of the Civil Code is not applicable to the suspension, interruption or extension of the statute of limitations.

The provisions of the second paragraph of Article 152 of the Civil Code are not applicable to the parties who are coerced or illegally restricted in their personal freedom to request the annulment of their marriage.

Article 20 The term "not legally binding from the beginning" as stipulated in Article 1054 of the Civil Code refers to the fact that an invalid or revocable marriage is not legally protected from the beginning until it is confirmed that the marriage is invalid or revoked in accordance with the law.

Article 21 If the people's court confirms that the marriage is invalid or annuls the marriage according to law according to the request of the parties, it shall take over the marriage certificates of both parties and send the effective judgment to the local marriage registration administration.

Article 22 If the marriage is confirmed to be invalid or revoked, the property acquired by the parties during the period of cohabitation shall be treated as joint ownership, except for the property proved by evidence to be owned by one of the parties.

3. Marital relationship

Article 23 The people's court will not support the husband's claim for damages on the grounds that his wife's unauthorized termination of pregnancy infringes his reproductive rights; if the husband and wife have a dispute over whether to give birth, resulting in a relationship that has indeed broken down, and one party's request for divorce is invalid after mediation, the people's court shall deal with it in accordance with the provisions of item 5 of paragraph 3 of Article 10

79of the Civil Code.

Article 24 The "income of intellectual property" stipulated in the third item of the first paragraph of Article 1062 of the Civil Code refers to the property income that is actually obtained or can be obtained clearly during the existence of the marriage relationship.

Article 25 During the existence of the marriage relationship, the following property belongs to the "other property that should be jointly owned" stipulated in Article 1062 of the Civil Code ":

(I) Income obtained from an individual's investment with personal property;

(II) housing subsidies and housing accumulation funds that both men and women actually obtain or should obtain;

(III) the basic pension and bankruptcy resettlement compensation that both men and women actually get or should get.

Article 26 The income generated by the personal property of one spouse after marriage, except the fruits and natural appreciation, shall be recognized as the joint property of husband and wife.

Article 27 A house rented by one party before marriage and purchased with common property after marriage, registered in the name of one party, shall be recognized as the common property of husband and wife.

Article 28 If one party sells the house jointly owned by the husband and wife without the consent of the other party, and the third party purchases in good faith, pays reasonable consideration and has registered the real estate, and the other party claims to recover the house, the people's court will not support it.

If one of the husband and wife disposes of the jointly owned house without authorization and causes the other party's loss, and the other party requests compensation for the loss during the divorce, the people's court shall support it.

Article 29. Where, prior to the marriage of the parties, the parents contribute funds for the purchase of a house for both parties, such contribution shall be deemed a gift to their respective children individually, unless the parents explicitly state that the gift is intended for both parties.

After the parties get married, if the parents contribute to the purchase of the house for both parties, it shall be dealt with according to the agreement; if there is no agreement or the agreement is not clear, it shall be dealt with according to the principle stipulated in the fourth paragraph of the first paragraph of Article 10

62of the Civil Code.

Article 30: Insurance benefits for military personnel’s death or injury, disability allowances, and medical and living subsidies shall be regarded as personal property.

Article 31 Article 1063 of the Civil Code stipulates that the personal property of one of the spouses shall not be transformed into the joint property of the spouses due to the continuation of the marital relationship. Unless the parties have otherwise agreed.

Article 32 Before marriage or during the existence of the marriage relationship, if the parties agree to give the real estate owned by one party to the other party or share it, if the donor cancels the gift before the registration of the change of the donated real estate, and the other party requests the order to continue to perform, the people's court may deal with it in accordance with the provisions of Article 6

58of the Civil Code.

Article 33 The people's court does not support the creditor's claim to the debtor's spouse for the personal debt incurred by one party before marriage. Except where the creditor can prove that the debt was used to live together in the married family.

Article 34. If one spouse colludes with a third party to fabricate a debt, and the third party claims that such debt is a joint debt of the spouses, the people’s court shall not support such claim.

If one of the husband and wife has debts in gambling, drug abuse and other illegal and criminal activities, and the third party claims that the debt is the joint debt of the husband and wife, the people's court will not support it.

Article 35 If the divorce agreement between the parties or the effective judgment, ruling or mediation statement of the people's court has dealt with the division of the property of the husband and wife, the creditor still has the right to claim the rights to both the husband and the wife for the joint debt of the husband and wife.

If one party claims that the other party should bear the corresponding debts in accordance with the divorce agreement or the legal documents of the people's court after assuming the liability for paying off the joint debts of the husband and wife, the people's court shall support it.

Article 36: In the event of the death of one spouse, the surviving spouse shall be liable for the repayment of the joint debts incurred during the marriage.

Article 37 The third paragraph of Article 1065 of the Civil Code refers to "the relative person knows the agreement", and one of the spouses bears the burden of proof.

Article 38 During the existence of the marital relationship, except for the circumstances stipulated in Article 1066 of the Civil Code, if one of the spouses requests to divide the common property, the people's court will not support it.

4. parent-child relationship

Article 39 If the father or mother files a lawsuit with the people's court to deny the paternity and has provided necessary evidence to prove it, and the other party refuses to do the paternity test without contrary evidence, the people's court may determine that the claim of the party denying the paternity is valid.

If the father or mother and adult children sue for confirming paternity and provide necessary evidence to prove it, and the other party refuses to do paternity test without contrary evidence, the people's court may determine that the claim of the party confirming paternity is established.

Article 40 During the existence of marriage, both husband and wife agree to carry out artificial insemination, and the children born shall be regarded as children born in wedlock, and the rights and obligations between parents and children shall be subject to the relevant provisions of the Civil Code.

Article 41 Adult children who are still in school and receive academic education of Senior high school or below, or who have lost or partially lost the ability to work and cannot maintain a normal life due to non-subjective reasons, can be regarded as "adult children who cannot live independently" as stipulated in Article 10

67of the Civil Code ".

Article 42 The "maintenance fee" mentioned in Article 1067 of the Civil Code includes children's living expenses, education expenses, medical expenses and other expenses.

Article 43 During the existence of marriage, if both or one of the parents refuses to perform the obligation of raising their children, and if a minor child or an adult child who cannot live independently requests to pay maintenance, the people's court shall support it.

Article 44 Where a divorce case involves the raising of minor children, the children under the age of two shall be dealt with in accordance with the principles stipulated in the third paragraph of Article 1084 of the Civil Code. If the mother is in any of the following circumstances, the people’s court shall support the father’s request for direct custody:

(I) suffer from long-lasting infectious diseases or other serious diseases, and their children should not live with them;

The (II) has the support conditions and does not fulfill the support obligation, while the father requires the children to live with them;

(III) for other reasons, it is really inappropriate for children to live with their mothers.

Article 45 If both parents agree that children under the age of two should be directly raised by the father, and there is no adverse effect on the healthy growth of the children, the people's court shall support it.

Article 46 For minor children who have reached the age of two, both parents require direct support, and one of the following circumstances may be given priority:

The (I) has been sterilized or has lost fertility for other reasons;

(II) children live longer with them, and changing their living environment is obviously detrimental to their healthy growth;

(III) No other children, while the other party has other children;

(IV) children live with them, which is beneficial to their growth, while the other party suffers from infectious diseases or other serious diseases that cannot be cured for a long time, or has other situations that are not conducive to their physical and mental health, so it is not suitable to live with their children.

Article 47 The conditions for parents to raise their children are basically the same. Both parties require to raise their children directly. However, if the children live together with their grandparents for many years alone, and the grandparents or grandparents require and have the ability to help their children take care of their grandchildren or grandchildren, they can be considered as the priority conditions for parents to raise their children directly.

Article 48 Under the premise of protecting the interests of children, if both parents agree to take turns to directly raise their children, the people's court shall support it.

Article 49 The amount of alimony can be determined according to the actual needs of the children, the affordability of both parents and the actual living standard of the place.

For those with fixed income, the maintenance fee can generally be paid according to the proportion of 20% to 30 of their monthly total income. For those who bear more than two child support, the proportion may be appropriately increased, but generally it shall not exceed 50% of the total monthly income.

If there is no fixed income, the amount of alimony can be determined according to the total income of the year or the average income of the same industry with reference to the above proportion.

In case of special circumstances, the above proportion can be increased or decreased appropriately.

Article 50 The maintenance fee shall be paid regularly, and can be paid once if conditions permit.

Article 51 If one of the parents has no income or his whereabouts are unknown, he or she may use his or her property to offset the maintenance fee.

Article 52 Both parents can agree that one of the parents will directly raise the child and the direct supporter will bear all the child support expenses. However, if the support ability of the direct supporter obviously cannot guarantee the expenses required by the child and affects the healthy growth of the child, the people's court will not support it.

Article 53 The payment period of maintenance is generally until the child is 18 years old.

For those who are over the age of 16 but under the age of 18, who take their labor income as their main source of livelihood and can maintain the local general living standard, their parents can stop paying maintenance fees.

Article 54 When the biological father divorces the stepmother or the biological mother divorces the stepfather, if the stepfather or stepmother does not agree to continue to raise the stepchildren who have been raised and educated by them, they should still be raised by the biological father or mother.

Article 55 After the divorce, if one of the parents requests to change the child support relationship, or if the child requests to increase the child support fee, a separate lawsuit shall be filed.

Article 56 Under any of the following circumstances, if one of the parents requests to change the child-support relationship, the people's court shall support it:

(I) The party living with the children is unable to continue raising them due to a serious illness or disability;

(II) the party who lives together with the children does not fulfill the obligation of raising or has the behavior of maltreating the children, or the party who lives together with the children does have adverse effects on the physical and mental health of the children;

(III) children who have reached the age of eight are willing to live with the other party who has the ability to support them;

(IV) there are other justifiable reasons for the change.

Article 57: Where both parents agree to change the child custody arrangement, the people’s court shall grant such approval.

Article 58 Under any of the following circumstances, the people's court shall support the child's request for the father or mother who can afford to increase the maintenance fee:

(I) The originally determined amount of child support is insufficient to maintain the local standard of living;

The actual needs of (II) factor women who are sick and go to school have exceeded the original amount;

(III) There are other justifiable reasons that warrant an increase.

Article 59 Parents shall not refuse to pay child support because their daughter changes her surname. If the father or mother changes the surname of the child to the surname of the stepmother or stepfather without authorization and causes a dispute, it shall be ordered to restore the original surname.

Article 60 During the divorce proceedings, if both parties refuse to support their children, they may first decide that one party should support them temporarily.

Article 61 The people's court may take compulsory measures in accordance with the provisions of Article 111 of the Civil Procedure Law for the parties or other persons who refuse to perform or hinder others from performing the obligations related to child support in the effective judgments, rulings and mediation documents.

5. Divorce

Article 62 If the spouse of a person with no capacity for civil conduct acts as prescribed in the first paragraph of Article 36 of the Civil Code, other persons with guardianship qualifications may request to revoke their guardianship qualifications and appoint a new guardian according to law; if the changed guardian acts on behalf of the party with no capacity for civil conduct to file a divorce lawsuit, the people's court shall accept it.

Article 63 When hearing a divorce case, if the people's court conforms to the situation that "the divorce shall be granted" stipulated in the third paragraph of Article 1079 of the Civil Code, the divorce shall not be denied due to the fault of the party concerned.

Article 64 The "major fault of a soldier" mentioned in Article 1081 of the Civil Code can be judged according to the first three items of the third paragraph of Article 1079 of the Civil Code and the situation where a soldier has other major faults that lead to the breakdown of the relationship between husband and wife.

Article 65 If the visitation right is not involved in the effective divorce judgment made by the people's court, the people's court shall accept the case if the parties file a separate lawsuit on the issue of visitation right.

Article 66 In the process of performing the effective judgment, ruling or mediation statement, if one of the parties requests to suspend the visit, the people's court, after consulting both parties, considers that it is necessary to suspend the visit, and shall make a ruling according to law; after the situation of suspending the visit disappears, the people's court shall notify the party in writing to resume the visit according to the request of the party.

Article 67 Minor children, the father or mother who directly raises the children and other legal guardians who bear the obligations of raising, educating and protecting the minor children shall have the right to request the people's court to suspend their visits.

Article 68 For the relevant individuals or organizations that refuse to assist the other party to exercise the visitation right, the people's court may take compulsory measures such as detention and fines according to law, but it cannot enforce the children's personal and visitation behaviors.

Article 69 The property and debt disposal agreement reached by the parties on the condition of divorce by agreement or divorce mediation in the people's court, if the divorce fails and one party repents in the divorce proceedings, the people's court shall determine that the property and debt disposal agreement has not taken effect, and shall make a judgment in accordance with the provisions of Articles 1087 and 1089 of the Civil Code according to the actual situation.

The provisions on property and debt handling in the divorce agreement signed by the parties in accordance with Article 1076 of the Civil Code are legally binding on both men and women. If a lawsuit is brought by a party due to a dispute over the performance of the above-mentioned agreement after the divorce is registered, the people's court shall accept it.

Article 70 If both husband and wife go back on the issue of property division after divorce by agreement and request to cancel the property division agreement, the people's court shall accept it.

after hearing the case, if the people's court does not find fraud, coercion and so on when concluding the property division agreement, it shall reject the litigant claims of the parties according to law.

Article 71 If the people's court hears a divorce case, involving one-time expenses such as demobilization fee and self-employment fee, which are divided and distributed to military personnel, the amount obtained shall be the joint property of husband and wife by multiplying the duration of the marital relationship by the average annual value.

The annual average value mentioned in the preceding paragraph refers to the amount obtained by dividing the total amount of the above-mentioned expenses paid to the military personnel according to the specific number of years. The specific number of years is the difference between the average life expectancy of 70 years and the actual age of a soldier at the time of his enlistment.

Article 72 When the husband and wife divide the stocks, bonds, investment fund shares and other securities in the common property, as well as the shares of an unlisted joint stock limited company, if negotiation fails or it is difficult to distribute them according to the market price, the people's court may distribute them in proportion according to the quantity.

Article 73 If the people's court hears a divorce case involving the division of the joint property of the husband and wife in the name of the capital contribution of one party in the limited liability company, and the other party is not a shareholder of the company, it shall be handled according to the following circumstances:

(I) both husband and wife agree to transfer part or all of the capital contribution to the shareholder's spouse through negotiation, and more than half of other shareholders agree, and other shareholders clearly give up the preemptive right, the shareholder's spouse can become the shareholder of the company;

(II) more than half of the other shareholders do not agree to the transfer, but are willing to purchase the amount of capital contribution under the same conditions, the people's court may divide the property obtained from the transfer of capital contribution after the husband and wife have reached an agreement on matters such as the amount of capital contribution and the transfer price. If more than half of the other shareholders do not agree to the transfer and are unwilling to purchase the capital contribution on the same terms, they shall be deemed to have agreed to the transfer, and the spouse of the shareholder may become a shareholder of the company.

The evidence used to prove the shareholders' consent stipulated in the preceding paragraph can be the shareholders' meeting materials or the shareholders' written statement materials obtained by the parties through other legal channels.

Article 74 When the people's court hears a divorce case involving the division of the joint property of the husband and wife in the partnership in the name of one party, and the other party is not a partner of the enterprise, when the husband and wife agree to transfer all or part of the share of the property in the partnership to the other party, the following situations shall be handled respectively:

(I) the unanimous consent of the other partners, the spouse acquires the status of partner in accordance with the law;

(II) other partners do not agree to the transfer and exercise the preemptive right under the same conditions, they can divide the property obtained from the transfer;

(III) other partners do not agree to the transfer, nor exercise the preemptive right, but agree to the partner's withdrawal or reduce part of the property share, the property after settlement can be divided;

(IV) other partners neither agree to the transfer nor exercise the preemptive right, nor agree to the partner's withdrawal or reduce part of the property share, it is deemed that all partners agree to the transfer, and the spouse obtains the status of partner according to law.

Article 75 Where a husband and wife invest in the establishment of a sole proprietorship enterprise in the name of one party, when the people's court divides the joint property of the husband and wife in the sole proprietorship enterprise, it shall be dealt with separately according to the following circumstances:

If one party of the (I) claims to operate the enterprise, after evaluating the assets of the enterprise, the party that obtains the ownership of the assets of the enterprise will give the other party corresponding compensation;

If both parties of the (II) claim to operate the enterprise, the party who obtains the ownership of the enterprise assets will give the other party corresponding compensation on the basis of the bidding of both parties;

If both parties of the (III) are unwilling to operate the enterprise, it shall be handled in accordance with the Law of the People's Republic of China Sole Proprietorship Enterprise and other relevant regulations.

Article 76 When the two parties fail to reach an agreement on the value and ownership of the house in the common property of the husband and wife, the people's court shall deal with them according to the following circumstances respectively:

If both parties of the (I) claim the ownership of the house and agree to bid for it, it shall be allowed;

If one of the (II) parties claims the ownership of the house, the appraisal agency shall make an appraisal of the house according to the market price, and the party who obtains the ownership of the house shall give the other party corresponding compensation;

If both parties of the (III) do not claim the ownership of the house, the house shall be auctioned and sold according to the application of the parties, and the obtained price shall be divided.

Article 77 If both parties have disputes over the house that has not acquired the ownership or has not acquired the full ownership at the time of divorce and the negotiation fails, the people's court is not suitable to decide the ownership of the house, and the people's court should decide that the house should be used by the parties according to the actual situation.

After the parties have obtained full ownership of the house specified in the preceding paragraph, if there is a dispute, they may bring a lawsuit to the people's court separately.

Article 78 If a husband and wife sign a real estate sales contract before marriage, pay the down payment with personal property and borrow from the bank, and repay the loan with the joint property of the husband and wife after marriage, and the real estate is registered in the name of the down payment payer, the real estate shall be dealt with by agreement between the two parties at the time of divorce.

If no agreement can be reached according to the provisions of the preceding paragraph, the people's court may decide that the real estate belongs to the registered party, and the loan that has not been returned is the personal debt of the registered party. The amounts repaid by both parties during the marriage, together with the corresponding increase in value of the property, shall, upon divorce, be compensated by the party whose name is registered on the real estate title to the other party, in accordance with the principles set forth in Article 1087, paragraph 1, of the Civil Code.

Article 79 During the existence of the marriage relationship, both parties use the common property of the husband and wife to purchase the house that participates in the housing reform in the name of one parent, and register it under the name of one parent. When the other party claims to divide the house according to the common property of the husband and wife, the people's court will not support it. The capital contribution at the time of purchase of the house may be treated as a claim.

Article 80 At the time of divorce, if one of the spouses has not retired and does not meet the conditions for receiving the basic pension, and the other spouse requests to divide the basic pension according to the joint property of the spouses, the people's court will not support it; after marriage, if the spouse pays the basic pension insurance premium with the joint property of the husband and wife, the people's court shall support it.

Article 81 During the existence of the marriage relationship, if the inheritance that one of the husband and wife can inherit as the heir according to law has not been actually divided between the heirs, and the other party requests the division when filing a divorce lawsuit, the people's court shall inform the parties to file another lawsuit after the actual division of the inheritance between the heirs.

Article 82 Where a loan agreement is concluded between husband and wife, and the joint property of husband and wife is lent to one party to engage in personal business activities or other personal affairs, it shall be regarded as an act of disposing of the joint property of husband and wife as agreed by both parties, and the divorce may be handled in accordance with the agreement of the loan agreement.

Article 83 After the divorce, if one party files a lawsuit with the people's court for division on the grounds that the common property of husband and wife has not been disposed of, the people's court shall divide the property according to law after examining that the property is indeed the common property of husband and wife not involved in the divorce.

Article 84 According to the provisions of Article 1092 of the Civil Code, the parties file a lawsuit with the people's court, and the limitation period for requesting to divide the joint property of husband and wife again is three years, counting from the date when the parties find out.

Article 85 If one of the spouses applies for taking preservation measures to the personal property of the spouse or the common property of the husband and wife, the people's court may determine the reasonable amount of property guarantee according to the actual situation within the scope of possible losses caused by taking preservation measures.

Article 86: The “damages” referred to in Article 1091 of the Civil Code shall include both material damages and mental damages. Where compensation for mental damage is involved, the relevant provisions of the “Interpretation of the Supreme People’s Court on Several Issues Concerning the Determination of Liability for Mental Damage in Civil Torts” shall apply.

Article 87 The subject of the liability for damages stipulated in Article 1091 of the Civil Code is the spouse of the party without fault in the divorce proceedings.

The people's court will not support the claims for damages made by the parties based on Article 1091 of the Civil Code in cases where divorce is not allowed.

During the existence of the marital relationship, if the party concerned does not file a divorce lawsuit but separately files a claim for damages according to Article 1091 of the Civil Code, the people's court will not accept it.

Article 88 When accepting a divorce case, the people's court shall inform the parties in writing of the relevant rights and obligations of the parties in the provisions of Article 1091 of the Civil Code. In applying Article 1091 of the Civil Code, the following different situations shall be distinguished:

(I) the no-fault party that meets the provisions of Article 1091 of the Civil Code as the plaintiff to file a claim for damages to the people's court based on the provisions of this article must be filed at the same time as the divorce proceedings.

In (II) divorce cases where the no-fault party is the defendant in accordance with the provisions of Article 1091 of the Civil Code, if the defendant does not agree to divorce and does not file a claim for damages based on the provisions of this article, he can file a separate lawsuit.

(III) the divorce case in which the party without fault is the defendant, if the defendant does not make a claim for damages based on the provisions of Article 1091 of the Civil Code in the first instance, and the claim is made during the second instance, the people's court shall mediate; if the mediation fails, the parties shall be informed to sue separately. If both parties agree that the case should be tried jointly by a people's court of second instance, the people's court of second instance may make the judgment together.

Article 89 After going through the formalities of divorce registration in the marriage registration office, if the parties make a claim for damages to the people's court on the grounds of the provisions of Article 1091 of the Civil Code, the people's court shall accept it. However, if the parties have explicitly waived the request at the time of divorce by agreement, the people's court shall not support it.

Article 90 If both husband and wife have the fault situation stipulated in Article 1091 of the Civil Code, and one party or both parties make a claim for divorce damages to the other party, the people's court will not support it.

6. by-laws

Article 91 This interpretation shall come into force on January 1, 2021.