China has made significant changes to its divorce laws, aimed at making marriage registration simpler and divorce harder. A new 30-day cooling-off period has been introduced, requiring couples to wait before finalizing their divorce. This period gives couples a chance to reconsider their decision, potentially preventing hasty decisions, but it also raises concerns about women who may feel trapped in abusive or unhappy relationships.
The law overhauls property division, shifting from equal distribution to ownership based on who paid for the property. This means that if one spouse paid for the property, they retain ownership even if the other spouse’s name is on the title. Property gifts from family members to one spouse are also exempt from being shared. This move could hurt women, especially in a society where women’s earning power is often lower than men’s. It shifts the balance of power further into the hands of those who traditionally held it, leaving women in more vulnerable financial positions post-divorce.
Additionally, the law grants equal custody of children to both parents, meaning both parents retain their rights to the children unless there are extenuating circumstances. This aims to reduce custody battles, making the process smoother and ensuring that both parents have a say in raising their children after separation.
The new law has already stirred controversy, particularly among those who view it as a blow to gender equality. Critics argue it makes it more difficult for women, especially those in abusive or financially disadvantaged relationships, to leave their marriages. Some argue the law is more about preserving the family structure than protecting individual rights, which could result in negative outcomes for women and children alike.
The divorce industry in China is also expected to change. Fewer contested divorces are anticipated due to the simplified property division and shared custody laws. Legal experts predict a decline in the demand for divorce-related legal services, as disputes over assets and custody could be minimized. Additionally, spousal maintenance is rarely awarded under the new law, unless both parties agree to it.
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