ABSTRACT

This chapter presents the divorce system in China, the proposed reform in the Civil Code draft and the other progress of reform in family justice. The Marriage Law of China Amendment 2001 added new provisions such as defining when spousal affection can be held no longer to exist, visitation rights of parents after divorce and compensation for contributions to homemaking, thus responding to people’s expectations in the new century. The marriage registration office will reject applications without a written agreement, where a party has no or limited juristic competence, and if the marriage is not registered in China’s Mainland or an embassy of China. The Civil Code compilation opens a new era for marriage and family law. The importance of this marriage and family part in the Civil Code is self-evident. In its second draft published in June 2019, the reform of divorce articles in the first draft is kept intact.