Ningbo Divorce Dispute Judgment New Caliber: 14 Views of the Supreme Court of the People's Republic of China Read One by One
In Ningbo, divorce disputes have long been the "big family" of family cases in grass-roots courts. Most of the houses of Ningbo families depend on the contributions of their parents, and most of the children depend on the cooperation of their grandparents. When it comes to divorce, the most common question is: does loyalty agreement work? Who is the parent's down payment? Kids with who? In the past two years, the first people's Court of the Supreme people's Court has answered questions and typical cases one by one through judicial interpretation, legal answer network and typical cases, forming 14 latest judgment views, most of which have been written into the interpretation (II) of the Supreme people's Court on the Application of the Marriage and Family Code of the the People's Republic of China Civil Code (Fa Shi [2025] No. 1, hereinafter referred to as the (II) of interpretation) implemented on February 1, 2025.
The conclusion comes first: fourteen viewpoints are three sentences: rigid identity relationship-bigamy is absolutely invalid, can not be "turned to the right", false divorce can not be turned over; fine division of property-parents' contribution, addition of famous house and buyout of seniority are no longer "registered name plus five or five", but the comprehensive contribution source, marriage duration, family contribution, fault and children's interests are weighed; the procedural path is clear-separation support is incorporated into divorce proceedings, and the court may appoint civil affairs departments and other organizations to act as agents when the disabled party is unsupervised.
1. The validity of loyalty agreements and fault evidence (View 2, View 11)
1. Loyalty agreement: It can be signed, but courts do not enforce it (View 2).
The duty of loyalty in Article 1043 of the Civil Code is an advocacy norm. The caliber of the People's Court: The loyalty agreement is not illegal, but it does not give enforcement power. If one party fails to perform, the other party separately sues for compensation or requires "clean body and leave the house", the court should not accept it. Applicable scenario: Filing a lawsuit based on the “one-million-yuan compensation for infidelity” agreement. The agreement cannot be directly enforced, but it may serve as written evidence of fault. What can actually be realized are the damages compensation under Article 1091 and the equitable division of property under Article 1087. Ningbo’s advice: It is advisable to enter into a written agreement on marital property pursuant to Article 1,065 and have it notarized. The agreement should not include provisions that restrict the right to divorce or the right of access to children.
2. Claim by the faultless party: Does not constitute a counterclaim and is joined to the divorce proceedings (View 11).
Article 1091 of the Civil Code lists five types of fault: bigamy, cohabitation with another person, domestic violence, abuse or abandonment, and other serious misconduct. Interpretation (I) Article 88: If the no-fault party is the plaintiff, damages must be filed at the same time in divorce proceedings; As a defendant, it can be put forward together in the lawsuit. The First People's Court tends to hold that it is a request for merger and does not constitute a counterclaim. If the defendant did not mention it in the first instance but only in the second instance, mediation shall be conducted first and no separate prosecution shall be made. Applicable scenarios: A party being sued for divorce seeks compensation for domestic violence or cohabitation. Ningbo Tip: Write a complaint once with divorce, upbringing and property division; Alarm receipt, injury photo, guarantee and transfer record are the most effective.
2. Property gifts and capital contribution determination (View 12, View 14)
1. Parents’ Funding for Home Purchase: Agreements Prevail; Contribution Ratios Set the Tone (View 12)
Article 1062 of the Civil Code: Property acquired by either spouse during marriage shall, in principle, be jointly owned, unless it is expressly designated as belonging solely to one party. Article 8 of the Interpretation (II) is divided into two categories: one party's parents make full contribution, and there is an agreement of "giving only one's own children" according to the agreement. If there is no agreement, the court may decide that the house belongs to the investor's children, and then the compensation shall be determined by combining the common living time, childcare, fault and contribution. If part of the capital contribution or both parties contribute, there is no agreement to base the judgment on the source and proportion of capital contribution, judgment to one party and reasonable compensation-the highest law example contribution 2:8 generally awarded to 80% of the party, compensation can be high or low. Applicable scenario: After marriage, the parents pay the full purchase price or the down payment, and the property is registered in the names of both spouses. Ningbo Reminder: When making a transfer, retain the transaction record and clearly indicate “funds for home purchase”; if you intend for the funds to belong solely to your own child, be sure to document a written gift agreement; otherwise, the contribution will only be considered as part of the property division.
2. Adding a Name to the Title and Gifting Property: Two Sets of Logic Before and After the Transfer (Viewpoint 14)
There are three situations in Article 5 of the (II) of Interpretation: If it is agreed to grant the untransferred ownership, if the divorce negotiation fails, the court shall, in combination with the granting purpose, marriage duration, common life, fault, contribution and market price, return to one party and determine the compensation, and the party cannot arbitrarily revoke the untransferred ownership; if the transferred ownership has been granted, the marriage is short and the party has no major fault, it can be awarded the compensation, if the party is at fault for a long time or if the party is at fault, the party shall retain and compensate the party; if the party commits fraud, coercion or seriously infringes upon the rights and interests of the party, the party may revoke it. Authentic Case (Typical Case No. 1 from the Supreme People’s Court Press Conference on January 15, 2025): After ten years of joint ownership following the addition of the other party’s name to the property title, and considering the greater contribution made by one party, the court ruled that the house be awarded to that party while ordering a reasonable compensation to be paid to the other—adding a name to the title does not automatically entitle the other party to a 50% share. Applicable scenarios: A pre-marital property is added with the other spouse’s name after marriage, or a transfer agreement has been made but not yet executed. Ningbo tip: has been added to retain the loan repayment, decoration, expenditure records.
3. Child Support Rules (Viewpoint 3, Viewpoint 6, Viewpoint 9)
1. When a child wants to live with the parent who has “less favorable conditions”: Material resources are only one of many factors (View 3)
The sole principle governing child custody is “what is in the best interests of the minor child” (Article 1,084, paragraph 3 of the Civil Code). The principle of less than two years old follows the mother, except for article 44 of the (I) of interpretation; If the agreement fails under the age of two or less than eight, the court shall make a comprehensive judgment. Article 46 lists the priority (sterilization, long life with one party, no other children, etc.). Article 47 adds: priority shall be given to those who have lived with their grandparents for many years and have the ability and willingness to take care of them; At the age of eight, the court should respect for the true will. The First Civil Division emphasized that “conditions” encompass not only material factors, but also companionship and care, as well as physical and mental well-being. Applicable scenario: The other parent has a high income but is consistently absent, and the child wants to live with you. Ningbo tip: It’s common for grandparents to care for grandchildren; in matters like pick-up and drop-off, parent group chats, and medical records, these are more effective than sharing one’s salary.
2. Rejection of Paternity Test: May Be Presumed as Adverse Facts (Opinion 6)
The paternity test is based on the principle of voluntariness, but there is a presumption rule in Article 39 of the (I) of interpretation: if the prosecution confirms or denies the paternity and provides necessary evidence, and the other party refuses the test without contrary evidence, the court can determine that the claim is established. People's first court tends to add: in the case of illegitimate children, there is considerable evidence to prove that the other party is the biological father (mother) and the children are in urgent need of support, the other party can not overturn and refuse to identify, can be presumed to be established. Applicable scenarios: Recognition of paternity for non-marital children; denial of the parent–child relationship during marriage. Ningbo Reminder: While rebutting a presumption may be difficult, a preliminary burden of proof must first be met; the list of accredited forensic institutions is available on the official website of the Ningbo Municipal Justice Bureau.
3. Alimony during separation: to be claimed jointly in the divorce proceedings (View 9)
Explanation (I) Article 43: During marriage (including periods of separation), if one party refuses to fulfill their support obligations, minor children may request child support. The First Civil Division of the Supreme People’s Court has clarified through its legal Q&A platform that, substantively, support is granted; procedurally, it is more efficient to resolve both issues together in a divorce lawsuit. For the amount, see Article 49: 20%-30% of the total monthly income with fixed income, and no more than 50% for more than two children; No fixed income refers to the total income of the year or the average income of the same industry. Applicable scenario: The couple has been separated for several years, the other party has failed to pay child support, and you wish to file for divorce and settle all related matters in one go. Ningbo Reminder: Keep all tuition and medical receipts; alimony for the party with no fixed income may be determined based on the local standard of living.
4. Property division and debt scope (View 5, View 8)
1. Liquidated damages for the lump-sum payment under a divorce agreement: Do not simply apply commercial rules during adjustments (View 5)
Article 464 of the Civil Code: The identity agreement may refer to the applicable contract code. People's Court Q & A: Liquidated damages involving pure identity relations should not be recognized; liquidated damages for the obligation to pay property discounts are valid without invalidity. Can it be adjusted? Reference may be made to the Contract Chapter, but with greater emphasis on good faith and scenarios involving “prompting payment and swift resolution,” without mechanically applying the commercial standards for reduction. Applicable scenario: The agreement stipulates that in the event of late payment of the discounted price, a default penalty of 0.05% per day shall be payable; the other party is in breach of contract. Ningbo Reminder: To request a reduction, one must provide evidence of actual losses; to overturn an agreement on the grounds of "signing at a loss," only fraud or coercion can lead to its revocation (Interpretation (I), Article 70).
2. Buyout of seniority payment: only the corresponding part of the marriage period (viewpoint 8)
People's First Court preferred opinion: The buyout seniority payment shall be dealt with by referring to Article 71 of the (I) of Interpretation (Military Demobilization Fee)-the marriage duration multiplied by the annual average value shall be included in the common property, and the annual average value is equal to the total amount of expenses divided by (seventy minus the age at the beginning of the calculation of the seniority), and only the corresponding converted part of the marriage period shall be the common property. Applicable scenario: Shortly after receiving a substantial severance payment for years of service, the couple divorces, and the other party demands that the full amount be divided equally. Ningbo Reminder: Retain the work seniority verification form and disbursement details; benefits paid before marriage or after divorce are, in principle, not subject to division.
Effectiveness and Procedure of 5. Divorce (Viewpoint 1, Viewpoint 7, Viewpoint 10)
1. Bigamy is absolutely void; no room shall be left for “rectification” or legalization (View 1)
Article 10 of the Interpretation (I) establishes a general correction rule: if the invalid marriage situation has disappeared at the time of prosecution, the lawsuit confirming the invalidity may not be supported. However, Article 1 of the "Interpretation (II)" makes an exception regarding bigamy: claims to legitimize a subsequent marriage on the grounds that the prior marriage has been dissolved or the spouse has died will not be supported—bigamy violates the principle of monogamy and public order and good morals and is absolutely invalid (Article 1,051 of the Civil Code). If you still have feelings, you can re-register after the previous marriage is dissolved. Applicable scenario: A person who was still married to a former spouse registered a marriage with a third party; after the previous marriage was dissolved, the third party asserts that the subsequent marriage is valid. Ningbo Tip: Bigamy or Criminal Liability; Property during bigamy shall be treated as invalid (Article 157), and the rights of children born in wedlock are the same as those of children born in wedlock (Article 1071).
2. “Sham divorce” cannot be reversed: the marriage is dissolved upon registration (View 7)
Article 2 of the "Interpretation (II)": After a divorce has been registered, a request to have the divorce declared invalid on the grounds that the expression of intent was false will not be supported. Article 1080 of the Civil Code: The marriage is dissolved upon completion of the divorce registration. Article 213 of the Civil Procedure Law: Judgments and mediation statements that dissolve a marital relationship may not be subject to retrial. Once the identity is publicly disclosed, it becomes stable. Applicable scenario: After a “sham divorce” for the purpose of buying a home or avoiding debt, one party refuses to remarry. Ningbo tip: false divorce is irreversible, can only talk about property, children and debt.
3. Property clause of fake divorce agreement: internally withdrawn, externally withdrawn by creditors (viewpoint 10)
The effect of the property clause is separate from the effect of the marriage. Internally: If property-related clauses were signed under fraud or duress, they may be revoked pursuant to Interpretation (I), Article 70; by analogy with Article 152 of the Civil Code, the party subjected to fraud must exercise this right within one year from the date they knew or should have known. Externally: In cases of sham divorce to evade debt, creditors may, pursuant to Article 3 of the "Interpretation (II)", request the revocation of the property division clause. The court will make a comprehensive assessment based on the overall division and its implementation, child support obligations, and fault determination; it will not automatically revoke the agreement simply because the division is unequal. Applicable scenario: Divorce after debt gives the property to one party, the debt to one party, the creditor sues. Ningbo tip: individual industrial and commercial households, foreign trade operators have a lot of debt, divorce agreement can not stop the creditor's right to cancel, rational debt settlement is the right way.
6. special subject (person with no/limited capacity for civil conduct) divorce (viewpoint 4, viewpoint 13)
1. When the incapacitated party has no close relatives serving as guardians: the court directly designates an organization to act as the legal representative (View 4).
The first civil court answers questions in two steps: if the person is not identified as a person without civil capacity, the divorce proceedings shall be suspended first and confirmed by special procedures; if the person has been identified, the guardian outside the spouse (Article 28 of the Civil Code: parents, children and other close relatives) shall be the legal representative, but there is no such person, the court may directly appoint the civil affairs department or the neighborhood (village) committee (Article 32) as the legal representative ad litem in accordance with Article 83 of the interpretation of the Civil procedure Law. Applicable scenarios: one party is hospitalized with severe mental disorder, has no parents and children, and the other party sues for divorce without responding. Ningbo Reminder: First apply for a determination of civil capacity before filing for divorce; for matters involving the rights and interests of persons with disabilities, call 123
48to apply for legal aid.
2. Who can act as an agent for the incapacitated party to “initiate” a divorce (View 13)?
The person with limited capacity for civil conduct must express his true intention to divorce, and the agent cannot "decide the divorce" for him; the person without capacity for civil conduct can be the defendant to respond to the lawsuit. If the disabled party wants to "take the initiative" to divorce, there are two types: if the disabled party is already disabled at the time of the conclusion of the marriage, the guardian will take the path of invalidation of the marriage, etc.; If the person becomes disabled after marriage, the guardian shall be changed according to law (Articles 36 and 39), and then the new guardian shall act for divorce. Applicable scenario: One spouse is in a vegetative state or suffers from severe dementia, and the family needs to dissolve the marriage in order to manage assets and make arrangements for the children. Ningbo’s guidance: Proceed in three steps—determine legal capacity, appoint a guardian, and file a lawsuit as the guardian’s representative.
7. Frequently Asked Questions
has signed the agreement of "cheating and leaving the house clean", will the court decide according to the agreement?
Basically not. If a lawsuit is filed with a loyalty agreement alone, the court will generally not accept or deal with it, but can only use it as evidence of fault. In order for property arrangements to fall to the ground, a written agreement on marital property must be signed (article 1065) or written into the divorce agreement.
After marriage, parents pay the down payment without written agreement. Who will be counted in the divorce?
The joint property of husband and wife is counted by default (Article 1062), and the contribution is only divided into considerations; to exclude it, it is necessary to make it clear in the gift contract that "only one's own children" (Article 8 of the (II) of Interpretation). A written confirmation should be made and the transfer voucher should be kept.
Can I claim child support for the period of separation when filing for divorce?
Sure. Interpretation (I) article 43 supports marital (including separation) alimony, and the people's first court proposes to deal with it together in divorce proceedings, with the amount determined by article 49 at 20%-30% of the total monthly income.
After a “sham divorce,” if the other party refuses to remarry, can one file a lawsuit to restore the marriage?
No.The registered divorce is irreversible (Article 2 of the (II) of Interpretation and Article 1080 of the Civil Code) and can only be revoked within one year from the date of knowledge of the fraud (Article 70 of the (I) of Interpretation).
If the other party refuses to do a paternity test, can the court directly determine the paternity?
It can be presumed that: if you provide necessary evidence to complete the preliminary proof, and the other party refuses to cooperate without contrary evidence, the court can determine that the claim is established (Article 39 of the (I) of interpretation).
8. Practical insights from a lawyer's experience
This kind of summary is most likely to make people mistakenly think that they have a unified answer and just follow the suit. However, there is always a lot of room for discretion in family cases. The source of capital contribution, the length of marriage, whether there are children or not, and who is at fault will all make the results different. What should really be done is to sort out your own situation into a clear timeline: when did you buy the house, who transferred the money, whose name was registered, who repaid the loan, when did you add the name, and who took the child all the time. By matching these facts and credentials, you can improve your chances of winning more than how many points you memorize.
In practice, the rules outlined in the article can be translated into a few concrete tasks. If parents contribute, keep the remarks at the time of transfer and the chat record at that time, and it is better to have a clear written intention only to their own children. If you have signed a loyalty agreement, don't expect to claim it alone, but take it as a material to prove your fault. What is really useful is hard evidence such as calling the police, seeing a doctor and transferring money. Involving real estate giving or adding names, it is necessary to find out the writing method of the agreement and whether it has been transferred, because these two points directly determine whether the other party can go back on its word.
Finally, there’s the pacing of the program. Divorce, upbringing, property division and damages compensation should not be opened and filed in batches if they can be written into the petition at one time, especially the compensation request of the innocent party, which may not be made up once missed. Mediation runs through the whole process of family cases, and the judge is also happy to see that the two sides can reach an agreement, so don't use all your strength to meet in court, leaving a negotiation opening that can make the other party step down, which often gets results faster than hard judgment. If the other party delays, he will use the idea of first prosecution plus subsequent separation to turn time into something unfavorable to him.
Fourteen viewpoints are three sentences: the identity relationship is rigid, bigamy cannot be supplemented, and false divorce cannot be overturned; the division of property is fine, the source of capital contribution, the length of marriage, family contribution, fault and children's interests are weighed in the same set, and the registered name is no longer the only yardstick; the procedural path is smooth, alimony is incorporated into the divorce lawsuit, and the divorce of the disabled party is organized and agency. The most practical sentence for Ningbo parties: those who can write into a written agreement should not stay in words, while those who can leave vouchers should not wait for litigation to turn over again-the capital contribution flow, loan repayment records, traces of baby and evidence of fault are all hard currency on the negotiation table.
can reach an agreement as soon as possible, and it will be concluded within the 30-day cooling-off period (Article 1077), with the lowest cost. If the talks cannot be concluded, the lawsuit will be filed, and the claims for divorce, child support and separation, visits, property division, debts, damages and economic assistance will be completed at one time. In complex situations, the written documents will be fixed first, and the identification and guardianship procedures will be followed first. There is no regret in the identity relationship, so there is room for maneuver in the division of property-marriage registration should be taken seriously, capital contribution should be left as early as possible, and children's wishes should be taken seriously.