New twist in divorce cases: joint property declaration order!
Compiled from The Paper
Case review
On January 1, 2023, The Paper learned from the Hengyang County People's Court in Hunan Province that the court issued a "Declaration Order for Marital Community Property in Divorce Cases" to both parties in a divorce dispute on that day. This is the first "Declaration Order for Marital Community Property" nationwide since the newly revised Law of the People's Republic of China on the Protection of Women's Rights and Interests officially took effect.
In this case, the plaintiff Fan Moumou and the defendant Chen Moumou, due to long-term separation leading to marital discord and inability to continue living together, requested the court to grant a divorce from the defendant. Additionally, the plaintiff Fan Moumou also requested the court to divide the joint property of the parties during the marriage.
A relevant official from the Hengyang County Court introduced that according to Article 67, Paragraph 2 of the newly revised Law of the People’s Republic of China on the Protection of Women’s Rights and Interests: “During divorce proceedings, both spouses have the obligation to declare all jointly owned marital property to the people’s court…”. The “Order for Declaration of Joint Marital Property” issued by the Hengyang County Court is a specific innovative measure introduced in accordance with this new regulation, effectively resolving a long-standing challenge in the judicial practice of divorce litigation. At the same time, it also signifies that property declaration will officially become an important component of divorce dispute cases.
Law of the People's Republic of China on the Protection of Women's Rights and Interests
Article 67
During divorce proceedings, if one spouse applies to inquire about the property status registered under the other spouse's name and is genuinely unable to collect the information due to objective reasons, the people's court shall conduct investigation and evidence collection, and relevant departments and units shall provide assistance.
During divorce proceedings, both spouses have the obligation to declare all jointly owned marital property to the people's court. If one spouse conceals, transfers, sells, damages, squanders marital joint property, or forges marital debts in an attempt to encroach on the other spouse's property, that spouse may receive a smaller share or no share of the marital joint property during divorce division.
[1] The author's perspective
This time, the first "Order for Declaration of Marital Joint Property" issued nationwide by the Hengyang County Court not only holds landmark significance in China's family trial system, reflecting the noble spirit of justice for the people, but also helps effectively safeguard women's legitimate rights and interests.
In previous divorce cases, it was common for one party to conceal marital joint property. Coupled with the fact that in daily life, one party often lacks understanding of the other's income and property status, the legitimate rights and interests of the parties could not be effectively protected. The implementation of this system not only helps the people's court to verify the parties' property status to the greatest extent, ensuring fair and lawful handling of marital joint property division in divorce cases, but also helps reduce litigation costs and promote honest litigation among parties, marking an important step in China's legal system construction.
