Five years after the divorce hug, the parties involved experienced dramatic changes in appearance; a lawyer analyzes the easily overlooked legal traps in divorce agreements.
Lead
Five years ago, a video of a "divorce hug" attracted widespread attention online. In the video, after a couple completed their divorce procedures at the civil affairs bureau, the woman suddenly turned around and hugged the man, both with tears streaming down their faces. This scene was captured on camera and quickly spread, becoming one of the most talked-about social news stories of that year. Five years later, recent photos of the individuals involved have been exposed, and the changes in their appearance are so significant that many netizens lamented they "couldn't recognize them."
From a legal perspective, public attention often remains at the emotional level, but as practicing lawyers, we should focus more on the legal issues reflected behind this incident—how exactly should a divorce agreement be signed to be valid? How should clauses on property division, child custody, and debt assumption be drafted to avoid future disputes? If one party's life undergoes major changes after divorce, could this trigger a change in custody or a re-division of property? These questions are far more worthy of serious consideration by every party preparing for divorce or already divorced than "changes in appearance."
I. A Divorce Agreement Is Not Valid Simply Because It Is Signed—These Clauses May Be Invalid
Many people assume that once both parties have signed the divorce agreement and obtained the divorce certificate, the agreement is "set in stone." However, under Article 1076 of the Civil Code, a divorce agreement shall state the intention of both parties to divorce voluntarily and shall include their consensus on matters such as child custody, property, and debt handling. In practice, many parties hastily sign the agreement in order to complete the procedures as quickly as possible, only to plant hidden risks.
Common invalid or voidable clauses include: agreeing that "if one party remarries, they shall leave with nothing"—such clauses restricting freedom of marriage are invalid because they violate Article 1042 of the Civil Code, which "prohibits interference with freedom of marriage"; agreeing that "after child support is paid in a lump sum, no further expenses shall be borne"—if the child later becomes ill or education costs increase substantially, the child may still make a separate claim under Article 1085 of the Civil Code; agreeing that "property under each party's name belongs to each party separately" without listing the details—if one party hides or transfers property, it will be extremely difficult for the other party to prove it.
The marital and family law team at Guangdong Zhiming Law Firm has found in practice that more than 60% of post-divorce property dispute cases stem from divorce agreement clauses that are overly general or contain legal defects. It is recommended that parties, before signing, have a professional lawyer review the agreement clause by clause. In particular, when real estate, equity, or large deposits are involved, the specific subject matter, transfer time, and liability for breach must be clearly stated.
2. Custody is not "set in stone" and can still be modified five years later.
Five years after the "divorce hug" incident, changes in the appearance of the parties involved have drawn attention, which brings to mind a legal question: after a divorce, if one party's living situation undergoes significant changes, does it affect child custody?
The answer is yes. Article 1084 of the Civil Code provides that after divorce, children under the age of two shall, in principle, be directly raised by the mother; where the parents cannot reach an agreement on the raising of a child who has reached the age of two, the people's court shall make a judgment based on the specific circumstances of both parties and in accordance with the principle of what is most beneficial to the minor child; where the child has reached the age of eight, his or her true wishes shall be respected. At the same time, Article 56 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code clearly provides that where the party who lives with the child is unable to continue raising the child due to serious illness, disability, or other reasons, the other party may request a change in the custody relationship.
This means that custody is not "set in stone." If the direct custodian's financial situation severely deteriorates, they suffer from a major illness, abuse the child, or the child wishes to live with the other parent and that parent has the ability to raise them, the other parent can absolutely file a lawsuit to request a change of custody. In legal practice, when courts review a change of custody, the core standard is always "the best interests of the minor." Therefore, if one party gives up all property during divorce in order to fight for custody, once they regret it later, trying to redistribute the property through litigation will be extremely difficult.
3. After divorce, property can be redivided only under these two circumstances.
Some parties, many years after divorce, discover that the other party concealed real estate, stocks, or company equity at the time, and wish to redistribute the property. According to Article 1092 of the Civil Code, if one spouse hides, transfers, sells off, destroys, or squanders community property, or fabricates community debts in an attempt to misappropriate the other party's property, that spouse may be given a smaller share or no share when dividing community property upon divorce. After divorce, if the other party discovers such acts, they may file a lawsuit with a people's court requesting a redivision of the community property.
However, two points should be noted: First, the statute of limitations is three years, calculated from the day after the party discovers the issue (Article 188 of the Civil Code); Second, preliminary evidence must be provided to prove that the other party has concealed or transferred assets, otherwise the court will find it difficult to support the claim. In practice, many parties file lawsuits merely based on a "feeling that the other party has money that was not divided," only to have their claims dismissed due to insufficient evidence.
Another scenario involves "property not dealt with at the time of divorce." For example, if a property or a sum of savings was omitted from the divorce agreement, either party may request its division after the divorce. However, if the divorce agreement explicitly states that "property under each party's name shall belong to that party, and there is no other community property," then the difficulty of subsequently claiming a division increases substantially.
4. Three Legal Suggestions for Ordinary People
First, the divorce agreement must be "specific." For real estate, clearly state the location, property ownership certificate number, ownership, and transfer deadline; for bank deposits, clearly state the account, amount, and division method; for debts, clearly state the creditor, amount, and who bears them. Never use vague expressions such as "each party's property belongs to each party" or "no joint property."
Second, maintain awareness of preserving evidence. Before and after divorce, regarding the family's financial situation, the other party's income, large expenditures, etc., try to keep evidence such as bank statements, chat records, and audio recordings. Once signs of the other party hiding or transferring assets are discovered, promptly consult a lawyer and apply for property preservation.
Third, custody arrangements should leave room for flexibility. If one party temporarily gives up custody, the agreement may include provisions for visitation rights and spending summer and winter vacations together, while reserving the right to seek a change of custody in the future. Never give up all rights just to expedite a divorce, as the cost of defending those rights later is extremely high.
The marriage and family team of Guangdong Zhiming Law Firm reminds you that divorce is not only the end of an emotional relationship, but also a rearrangement of a series of legal relationships. Whether it is a consensual divorce or a litigated divorce, it is advisable to proceed under the guidance of a professional lawyer to ensure that provisions on property division, child custody, and debt liability are lawful and valid, and to avoid the predicament of "still litigating even after the divorce."
