Ningbo Pre-Divorce Legal Risk Self-Test 20 List

What often leads people to suffer losses is rarely a failure to understand a specific law, but rather overlooking crucial details that should have been verified before deciding to divorce. To begin with the conclusion: This checklist presents 20 self-assessment questions across five dimensions—procedural matters, property, debts, children, and evidence. Each question corresponds to a common oversight that could result in actual losses. Award yourself 1 point for each question you can answer clearly; mark those you cannot answer or can only answer vaguely as pending. A score below 15 indicates insufficient preparation, and you should refrain from hastily initiating proceedings. Self-assessment isn’t the answer itself; it’s about breaking down vague anxiety into

20manageable, step-by-step actions.

1. Self-assessment methods and scoring rules

It is recommended to ask yourself each question individually: award one point for a clear, affirmative answer, and mark those that are vague or unanswered as “To Do.” A total score of 20 points: more than 15 points can basically meet the starting conditions; 10-15 points must be completed with the property list and evidence materials before action; If the preparation below 10 points is seriously insufficient, one should first find out the family background and fixed evidence, and do not submit an agreement or complaint directly based on emotion. Items marked as to-dos are the materials and decisions that need to be addressed with priority next— the value of a checklist lies in turning the unknown into the known.

2. Program selection: Items 1-4

Item 1: Whether the parties have reached an agreement on the divorce itself—this determines whether they will pursue a consensual divorce through registration or a contested divorce through litigation: if they can agree, opting for registration is faster and more cost-effective; if no agreement is reached, or if one party conceals assets or refuses to appear, litigation should be pursued, leveraging procedural mechanisms for evidence collection, preservation, and presentation to safeguard their rights. Item 2: Are you aware of the 30-day cooling-off period stipulated in Article 1,077 of the Civil Code, and that failure to jointly apply for issuance of the certificate within 30 days after the expiration of the cooling-off period shall be deemed as a withdrawal? Item 3: If litigation is pursued, has the competent court been determined? In divorce cases, jurisdiction generally lies with the people’s court in the defendant’s domicile; if the defendant’s habitual residence differs from their domicile, jurisdiction rests with the court in the habitual residence. Item 4: Are you aware of the restriction that, following a judgment denying divorce, the plaintiff may not file another lawsuit within six months unless there are new circumstances or new grounds?

3. Property status: Items 5-11

Item 5: Has all real property owned by both parties, together with the dates of acquisition and sources of funding (including contributions from parents, pre-marital purchases, and instances of nominee registration), been listed? Item 6: Do you have information on the financial institutions and account numbers associated with all bank accounts and wealth management accounts? Item 7: Has the balance of the individual housing provident fund account and the individual pension insurance account been verified? Both are considered part of the marital joint property but are often overlooked. Item 8: Has an inventory been conducted of vehicles, precious metals, luxury watches, and other valuable movable assets? Item 9: Has a review been conducted to clarify the equity interests, partnership interests, and the actual controlling operating entities (including those held through nominee arrangements or under undisclosed shareholding)? Item 10: Has a review been conducted of various insurance policies, including their cash values and survival benefits? — The cash value of insurance policies purchased during the marriage using marital property is subject to division. Item 11: Please confirm whether there have been any significant fund movements (large outgoing transfers, unusual expenditures, frequent cash withdrawals) in the past three years.

The most commonly overlooked types of hidden assets include: unpaid year-end bonuses and equity incentives; accounts and business establishments held under another person’s name; resettlement housing units awaiting handover due to demolition projects; loans extended to relatives and friends that have not yet been repaid; and property acquired during marriage but registered in the names of minor children or parents. They both constitute marital property or are forms of marital property that have been transformed; however, they are not openly disclosed—therefore, the party asserting such claims must provide relevant leads so that the court can issue an investigation order with a specific focus.

4. Debt status: items 12–15

Item 12, whether it is clear about the common debt caliber of Article 1064 of the Civil Code: the common meaning of husband and wife's joint signature or one party's subsequent ratification indicates that the debt incurred for the daily needs of the family belongs to the common debt; Large debts beyond the daily needs of the family must be proved by creditors for common life, common production and operation or based on common meaning. Item 13: Has it been verified whether the counterparty has any significant outstanding external borrowings or guarantee liabilities?—Public court judgments and enforcement information can be reviewed, and attention should be paid to collection calls and correspondence. Item 14: Do you know whether you have provided a guarantee for another person’s debt, or whether you have signed any joint borrowing documents? Item 15: Whether the actual use of credit cards and consumer loans is confirmed—loans taken out in an individual’s name but used for household consumption may still be deemed joint debt.

5. Child arrangements: Items 16–18

Item 16, whether it is clear that the principle of supporting relationship is the most beneficial to minor children: under two years old, the principle of direct supporting by the mother, and over eight years old, the real will of the children should be respected; the party who carries out domestic violence, gambling and drug abuse, bigamy cohabitation, snatching and hiding children is at a disadvantage in the competition (Article 14 of the (II) for Interpretation of Marriage and Family). Item 17: Whether there is a reasonable expectation regarding the amount of child support: For individuals with a fixed income, child support is generally set at 20%–30% of their monthly gross income; for those supporting two or more children, this percentage may be appropriately increased, but it generally should not exceed 50%. For individuals without a fixed income, the amount shall be determined by reference to the average income in the same industry. Item 18: Has an enforceable arrangement been reached regarding the time, place, and manner of visitation? The right of access should be clearly specified in the same agreement or court order as child support and custody arrangements to prevent subsequent disputes.

6. Evidence and Time: Items 19-20

Item 19: Have the key pieces of evidence been secured and backed up in multiple locations? This includes photocopies of the real estate ownership certificate, account information, chat records, transaction screenshots, and police report records, stored separately on my own devices and with a trusted third party to prevent loss due to deletion. Item 20: Has the time cost and personal life arrangements been assessed? During litigation, are there clear plans for housing, children’s schooling, and sources of income? These two factors determine not whether you can win, but whether you can maintain stability throughout the entire process. Securing evidence prior to negotiations and arranging living arrangements before initiating proceedings are prerequisites for avoiding passive compromise.

7. New regulatory additions: self-inspection updates following the implementation of (II)

The (II) for the Interpretation of Marriage and Family (Fa Shi [2025] No. 1) will come into force on February 1, 2025, and five new checkpoints must be added to the list of 20 items: First, the property items-the rules for handling the real estate granted between husband and wife (pre-marital room plus name, marital agreement to the room) have changed: those who have not transferred the ownership cannot be revoked at will, the court shall comprehensively give the purpose, age of marriage, contribution and other judgment attribution. During the self-inspection, you should verify whether any properties under your name are involved in such “arrangements” and confirm their transfer status. Secondly, with respect to debts: if one spouse transfers a substantial amount of property to the other pursuant to a divorce agreement in a manner that harms the interests of creditors, the creditors may seek to have the relevant provisions invalidated (Article 3). When reviewing liabilities, it is necessary to assess whether the property arrangements set forth in the divorce agreement could be challenged by creditors. Third, regarding the issue of children—where one party has abducted or concealed a minor child, that party will be given less favorable consideration in custody disputes; the court may also issue a personal protection order or an injunction against infringement of personality rights (Articles 12–14). During self‑inspection, it is essential to confirm that no such child‑abduction behavior exists; otherwise, the entire case may be lost. Fourth, regarding changes in property—during the marriage, if substantial gifts are made on live-streaming platforms using marital joint property, and such expenditures clearly exceed the family’s ordinary living expenses, they may be deemed “wasteful spending,” and the other party’s claim for a smaller share or no share of the marital property will be supported (Article 6). Fifth, regarding the agreement: A divorce agreement stipulating that joint property shall be awarded to the children may not be unilaterally revoked (Article 20). Be sure to think it through before signing; do not use “giving it to the children” as a delaying tactic.

After incorporating these five items into the original list, the self-assessment criteria for the original items 5, 11, 13, 16, and 18 are correspondingly tightened: for matters involving real estate, verify the transfer status and the purpose of the transfer; for matters involving debt, assess the risk of revocability; for matters involving children, determine whether there has been any attempt to conceal or misappropriate assets. The recent regulatory changes underscore that a legal self‑assessment prior to divorce is not a one‑time exercise; it must be revisited whenever the rules are updated.

Example of a step-by-step self‑assessment: Taking item 6, “Bank Accounts,” as an example, the passing threshold is to list the account‑opening bank, account holder’s name, approximate balance, and purpose—rather than simply stating “all the money is in the card.” For item 13, “Loans Made to Others,” self‑assessment steps include searching public court documents, paying attention to collection notices, and asking mutual friends. Each “to‑do” item should be translated into specific actions with clear deadlines, rather than remaining at the level of self‑comforting reassurance like “it should be fine.” It is recommended to update the self-check list once every weekend for about half an hour, promptly recording any newly discovered information (such as transfers or debt leads).

Two practical tools for fixing evidence: First, I can print and stamp my account with my ID card at the branch of the opening bank without the consent of the other party, and first find out "the money under my own name"; Second, WeChat chat records and transfer records are fixed through "WeChat bill export + notarization of key pages". Alipay is the same-notarization costs, but it can completely solve the risk of "loss of the original carrier. In Ningbo’s family‑law trials, the threshold for admitting electronic evidence is high (according to the Yinzhou District People’s Court’s white paper); therefore, obtaining notarization in advance is the most reliable method of preserving evidence.

Final Checklist Before Filing: Before submitting the settlement agreement or the complaint, conduct a triple‑check—asset review (ensure the asset list is complete and that there are leads on any undisclosed assets), debt review (verify the scope of joint liabilities and identify the other party’s debts), and child‑related matters (confirm that the parenting plan, visitation arrangements, and child support expectations are well‑defined). Once you’ve passed all three stages, sign off—after signing, try not to change your mind. The purpose of self-assessment has never been to create anxiety; rather, it’s to ensure that every decision is made on the basis of “verified information.”

Two quantitative examples (example, fictitious): First, alimony expectation-one party's monthly income is 15000 yuan and the only child is estimated by the range of 20%-30% of the total monthly income, and the reasonable expectation is about 3000-4500 yuan/month, which can be fine-tuned according to the actual expenses of the children and the local living standard; Second, joint repayment compensation-joint repayment of principal and interest of the real estate before marriage and after marriage is 200000 yuan, double, according to the "value-added index x (joint repayment of the loan 2)" rough calculation, the other party may claim about 200000 yuan compensation. The figures are merely for reference; the key is to give the parties involved a clear sense of “roughly how much they can expect to receive and how much they will have to pay,” so that during negotiations they do not make exorbitant demands or concede too hastily.

The checking action of the debt clues of the other party: search the records of the other party as the defendant or the executed person in the case database of China Judgment Document Network and the People's Court, check whether the enterprise in which it is the shareholder or the legal representative in the national enterprise credit information publicity system has any abnormal operation and tax arrears announcement, pay attention to the collection letter and court summons received during the period of co-residence -- find the clues, timely fix "uninformed, unbeneficial" evidence in divorce agreements or litigation to prevent joint debt determination.

The connection between preservation and marital relief: in the divorce proceedings, if you are worried about the transfer of deposits, real estate and stock rights by the other party, you can apply for property preservation according to law-seal up and freeze the property under the name of the other party to prevent "the execution of the judgment"; during the existence of the marriage relationship, one party has hidden, transferred, sold off, damaged, squandered the common property of husband and wife and other serious damage the common property, the other party may also apply for the division of common property within the proposal in accordance with article 1066 of the Civil Code without waiting for divorce. These two tools, used in conjunction with the 20 self-assessment checklists, transform “rights on paper” into “guarantees for implementation.”

8. Frequently Asked Questions

My self-assessment score is very low—does that mean I can’t get a divorce?

Of course you can get a divorce; a low score just means you weren’t well-prepared. It is recommended to first complete the property inventory and gather all supporting evidence before deciding whether to proceed with registration or litigation, so as to avoid making unnecessary concessions in the terms.

How detailed should the items on the inventory list be?

The finer, the better. At a minimum, specify five items of information: the name of the property, the date of acquisition, the registered owner, the source of funds, and its current status—these directly inform subsequent classification and evidentiary presentation. Property whose source cannot be clearly explained is precisely where disputes over division are most likely to arise.

I was completely unaware of the debts under the other party’s name—am I still liable for them?

Not necessarily liable. Debts that exceed the needs of daily family life, are not used for common living or joint business operations, and for which the creditor cannot prove that they were incurred with the mutual consent of both spouses, are generally not recognized as marital debts; however, it is important to retain evidence demonstrating that one spouse was unaware of the debt and did not benefit from it.

Can I change my mind after signing the agreement?

If one wishes to retract a decision regarding property division after registering for divorce, the request must be made within one year, and only if there was fraud, coercion, or similar circumstances at the time the agreement was made ("Interpretation of the Marriage and Family Chapter (I)", Article 70); merely feeling disadvantaged is generally not sufficient grounds for revocation.

Should you negotiate a settlement first or file a lawsuit first? How do you decide?

If an amicable agreement can be reached and the other party is willing to comply, proceed with a registered divorce; if the other party conceals assets, refuses to negotiate, or shows signs of asset transfer, initiate litigation and apply for property preservation to use the legal process to secure evidence and preserve the assets.

9. Practical Insights from a Lawyer

What often leads people to suffer losses is not so much failing to understand a particular law, but rather overlooking crucial details that should have been verified before deciding to divorce. The value of conducting a self-assessment lies not in obtaining a score, but in breaking down vague anxieties into specific, actionable steps: questions you can answer confidently indicate that you have a clear understanding; those you find ambiguous or cannot answer are the areas—whether information or decisions—you should prioritize addressing next. You can set a rough guideline for yourself: if the facts are generally clear and the evidence is substantially complete, the conditions for initiating proceedings are met; if the situation falls in between, first supplement the property inventory and gather the necessary evidence before taking action; and if it’s evident that you lack sufficient information, first conduct a thorough investigation of the other party’s assets—don’t rush to submit a settlement agreement or file a lawsuit. Turning “I don’t know” into “I know” is the most practical outcome of this kind of preparation.

The dimensions of the self-assessment can be divided into five categories. Procedurally, first determine whether both parties agree on the divorce itself; this will decide whether to proceed through registration or litigation. Next, confirm that the cooling-off period, jurisdiction for litigation, and the restriction on re‑filing a lawsuit after the first instance court has denied the divorce are clearly understood. Regarding assets, conduct a line-by-line review of real estate, including the date of acquisition and source of funds; bank and wealth management accounts; balances in housing provident fund and individual pension accounts; equity interests and business entities; cash values of insurance policies; and whether there have been any significant fund movements over the past two to three years.On the debt, find out the caliber of the common debt, whether there is a large external debt or a sudden increase in borrowing in the name of the other party. Children and evidence, sort out the custody arrangements, separation facts and storage of key evidence. In particular, don't miss hidden property-unpaid year-end bonuses and equity incentives, accounts and shops held in the name of others, and property registered in the names of parents or children. These are not on the surface and are the most easily overlooked.

Use the list and some of the most practical reminders. First, don't start the procedure when you are most emotional, rush to submit an agreement or complaint, and often hand over the initiative when the property clues are not fixed and the evidence is not preserved. Second, don't rush to sign the agreement, especially when the other party urges "do it quickly and say it later". Once the divorce agreement stating the property and debt treatment plan is registered and effective, there is little room for remedy afterwards. Third, remember the time node: there is a double time limit for registering a divorce between a cooling-off period and a license period, while litigation involves the restriction of re-litigation after the first non-judgment, which will affect your rhythm. Fourth, when updating the rules, signing agreements and verifying property, attention should be paid to linking up with the current handling ideas and not copying the experience of many years ago. Treat this list as a to-do list and repeat it every once in a while, which is much more practical than rushing to the head.

The value of this list lies not in giving answers, but in breaking down vague anxieties into twenty specific actions that can be dealt with one by one. By turning each item marked as to-do into completed, the confidence at the negotiating table is naturally different. What needs to be reminded most is the order: first find out the family background, then talk about the conditions, and finally consider which procedure to take-once the order is reversed, it is often signed before it is clear what can be divided.