ABSTRACT

In response to new problems concerning divorce, the Marriage Law of China 1 was amended on 28 April 2001. New provisions include defi ning when spousal affection can be held not to exist, visitation rights of parents after divorce and compensation for contributions to homemaking. 2 Judicial practice since the amendment indicates that the new rules essentially meet people’s needs in the new century. However, rapid social and economic development has brought signifi cant changes in attitudes to marriage and families and the crude divorce rate is rising steadily. (For further discussion of divorce trends, see Chapter 2.2 of this book.) This chapter gives an overview of the divorce system in China, analyses its challenges, and makes suggestions to improve it.