The "Interpretation (II) on the Application of the Marriage and Family Provisions of the Civil Code of the People's Republic of China" was adopted at the 1933rd meeting of the Judicial Committee of the Supreme People’s Court on November 25, 2024. It is hereby promulgated and will take effect on February 1, 2025.

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In order to properly adjudicate marriage and family dispute cases, this interpretation is formulated in accordance with the Civil Code of the People's Republic of China, the Civil Procedure Law of the People's Republic of China, and other relevant laws, in combination with judicial practice.

Article 1
When a party requests confirmation that a marriage is invalid due to bigamy under Article 1051, Item 1 of the Civil Code, and the spouse has already divorced or died, the defendant's defense that the previous marriage becomes valid after such events, the people’s court shall not support such a defense.

Article 2
When, after the registration of divorce, one party requests confirmation that the divorce is invalid due to the false expression of mutual intent, the people’s court shall not support the request.

Article 3
If a creditor of one spouse provides evidence that the property division in a divorce agreement affects the realization of their claim, and requests the court to annul the relevant clause with reference to Articles 538 or 539 of the Civil Code, the people’s court shall comprehensively consider the overall division of the couple’s joint property, the implementation of the agreement, child support obligations, and divorce fault, and shall support the request in accordance with the law.

Article 4
In disputes regarding property division in cohabitation relationships where both parties have no spouse, if there is an agreement on property acquired during cohabitation, it shall be handled according to the agreement. If there is no agreement and the parties cannot reach a consensus, the people’s court shall handle the case as follows:
1. Income such as salary, bonuses, service fees, intellectual property gains, property inherited or received as a gift, and individual production, operation, or investment returns shall belong to the respective parties.
2. Property jointly purchased, jointly produced, operated, or invested in, or other property that cannot be separated, shall be divided based on the contribution ratio of each party, considering factors such as cohabitation conditions, whether there are joint children, and contributions to the property.

Article 5
If during the marriage, one party transfers a property to the other party or to both parties for registration, and the ownership has not yet been transferred during the divorce proceedings, and there is a dispute about the ownership or division of the property, the people’s court may, based on the parties’ requests and the purpose of the transfer, consider the duration of the marriage, cohabitation and the bearing of children, divorce fault, contribution to the family, and market price of the property at the time of divorce, and determine whether compensation should be paid by the party receiving the property, and the specific amount of compensation.
If one party transfers their property to the other during marriage and there is a dispute regarding the property ownership or division during divorce proceedings, and the marriage has been relatively short and the giving party has no serious fault, the people’s court may, based on the purpose of the transfer and other relevant factors, decide to award the property to the giving party and determine compensation to be paid by the receiving party.
If the giving party provides evidence that the other party has engaged in fraud, coercion, severe violation of their or their close relatives' legal rights, or failure to fulfill support obligations, and requests to annul the civil action, the people’s court shall support the request according to the law.

Article 6
If one party spends joint property for online rewards during marriage on a live streaming platform in amounts that far exceed the family's usual consumption and seriously damages the joint property, this may be considered “squandering” as defined under Articles 1066 and 1092 of the Civil Code. If the other party requests a lesser or no division of joint property during the divorce, the people’s court should support this request.

Article 7
If one spouse donates joint property to others for purposes of bigamy, cohabitation with someone else, or other serious violations of marital obligations, and the other spouse claims that the civil act violates public order and morality and is therefore invalid, the people’s court should support the claim and deal with it in accordance with Article 157 of the Civil Code.
If one spouse transfers joint property, seriously harming the interests of the family, and the other spouse requests a lesser division of joint property or no division during divorce, the people’s court shall support the request in accordance with the law.

Article 8
When a property is purchased during the marriage by one party’s parents using full funds, and the gift contract explicitly states that the property is only for their child, it should be handled according to the agreement. If no clear agreement exists, the court shall, when dividing joint property in a divorce, award the property to the contributing child and determine whether compensation should be paid to the other party.
If one party’s parents partially fund the property purchase, or both parties’ parents contribute, and the gift contract specifies that the gift is solely for one child, it should be handled according to the agreement. If there is no agreement, the court shall divide the property based on the proportion of the contribution and other factors, and may award the property to one party and determine whether compensation is needed.

Article 9
If one spouse transfers shares in a limited liability company, which were purchased using joint property but are registered solely in their name, and the other spouse claims the transfer is invalid because it was done without their consent, the people’s court shall not support this claim unless there is evidence proving that the transferor and the transferee colluded maliciously to damage the legal rights of the other spouse.

Article 10
If both spouses invest joint property in a limited liability company and both are registered as shareholders, and there is no agreement or the agreement is unclear regarding the ownership of the shares, during divorce proceedings, if one spouse requests the division of shares based on the amount of capital contributed as recorded in the shareholder registry or the company’s articles of association, the people’s court shall not support this request. Instead, the court shall handle the division of joint property according to the provisions of Article 1087 of the Civil Code.

Article 11
If one spouse claims that the property that could be inherited by the other spouse is joint property of the marriage, and requests to annul the other party’s renunciation of inheritance on the grounds of infringement on joint property, the people’s court shall not support this claim unless there is evidence proving that the renunciation of inheritance prevents the renouncing spouse from fulfilling their legal support obligations.

Article 12
If one party or their close relatives seize or hide a minor child, the other party may apply for a personal safety protection order or an injunction against personality rights infringement, in accordance with Article 997 of the Civil Code. The people’s court shall support such a request according to the law.
If the party seizing or hiding the minor child claims that their actions were justified due to severe circumstances such as gambling, drug use, or domestic violence, the people’s court shall inform them that they can address this issue through legal avenues, such as revoking guardianship, suspending visitation, or changing custody. If no evidence is provided for these claims or the relevant requests are not made within a reasonable period, the people’s court will resolve the issue based on the prior provisions.

Article 13
During separation, if one spouse or their close relatives seize or hide a minor child, making it impossible for the other spouse to fulfill their guardianship duties, and the other spouse requests civil liability, the people’s court may, in accordance with Article 1084 of the Civil Code, temporarily determine custody arrangements for the minor child. The spouse temporarily granted custody shall also be obligated to assist the other party in fulfilling guardianship duties.

Article 14
In divorce proceedings, if both parents request custody of a minor child who is over two years old, and one of the parents exhibits any of the following circumstances, the people’s court shall prioritize awarding custody to the other parent, in accordance with the best interests of the child:
1. Committing domestic violence or abusing/neglecting family members;
2. Engaging in gambling, drug use, or other serious habits;
3. Committing bigamy, cohabitation with another person, or other serious violations of marital duties;
4. Seizing or hiding the minor child, provided that the other parent does not exhibit the serious behaviors described above;
5. Other circumstances that harm the minor child’s physical and mental health.

Article 15
If one parent, as the legal representative, disposes of a house purchased with joint property and registered in the name of a minor child, and the other parent claims that this action violates Article 35 of the Civil Code, thereby harming the child’s interests, the people’s court shall not support the claim.

Article 16
If a divorce agreement specifies that one parent will have direct custody of a minor child or an adult child who cannot live independently, and the other parent will not provide financial support, this provision is legally binding. However, if, after the divorce, the parent with direct custody faces significant economic hardship, which results in a sharp decline in the child's standard of living, or if the costs for the child's living, education, or medical care increase substantially, the minor child or an adult child who cannot live independently may request the other parent to pay child support. The people’s court shall support this request, considering the overall terms of the divorce agreement, the child’s actual needs, the ability of the other parent to pay, and the local standard of living.
In such circumstances, if the parent without direct custody requests a change in custody on the grounds that the custodial parent is unable to support the child, the people’s court shall handle the request in accordance with Article 1084 of the Civil Code.

Article 17
If, after divorce, the parent who does not have direct custody fails to pay child support according to the divorce agreement or any other promise made, the minor child or an adult child who cannot live independently may request the parent to pay the overdue support. The people’s court shall support such a request.
If the child has already reached adulthood and is capable of independent living, the parent with direct custody may request the other parent to pay the overdue support, and the people’s court shall support this request in accordance with the law.

Article 18
For the fact of a stepchild being raised and educated by a stepparent, as referred to in Article 1072 of the Civil Code, the people’s court shall determine this based on the length of time spent living together, considering whether the stepparent actually cared for the child, fulfilled educational duties, and contributed financially to the child’s upbringing.

Article 19
If the biological father and stepmother or the biological mother and stepfather divorce, and one party claims that the rights and duties between the stepparent and the stepchild no longer apply according to the provisions on parent-child relationships in the Civil Code, the people’s court shall support this claim, except where there is a legally established adoption relationship or the stepchild continues to live with the stepparent.
After the dissolution of the stepparent-child relationship, if the stepparent lacks the ability to work and has no means of livelihood, they may request the adult stepchild who was previously raised and educated by them to provide living expenses. The people’s court may support such a request, considering factors such as the stepparent’s caregiving history, the adult stepchild’s ability to provide, and the stepparent’s previous behavior, such as abuse or neglect.

Article 20
If a divorce agreement stipulates that part or all of the joint property shall be given to the children, and one party requests to annul this agreement before the transfer of property rights, the people’s court shall not support the request, unless the other party agrees.
If one party fails to fulfill the obligations specified in the divorce agreement regarding property rights transfer to the children, the other party may request that they continue to perform or compensate for the loss caused by failure to perform. The people’s court shall support this request in accordance with the law.
If the divorce agreement explicitly provides that children can directly claim rights to the relevant property, and one party fails to fulfill their obligations, the children may request compensation or fulfillment according to the provisions of Article 522, Paragraph 2 of the Civil Code. The people’s court shall support the request.
If one party proves that fraud, coercion, or other improper circumstances occurred during the signing of the divorce agreement regarding the transfer of property to the children, and requests to annul the agreement, the people’s court shall support the request. If the party also requests a division of that property, the people’s court shall handle the division according to the provisions of Article 1087 of the Civil Code.

Article 21
In a divorce case, if one spouse provides evidence that during the marriage, they undertook considerable responsibilities related to raising children, caring for elderly family members, or assisting the other spouse with work, and requests compensation in accordance with Article 1088 of the Civil Code, the people’s court may, considering the time and energy spent on these duties, the impact on both parties, the financial ability of the paying party, and local average disposable income, determine the amount of compensation.

Article 22
In a divorce case, if one party is elderly, disabled, or suffering from a serious illness and requests appropriate assistance from the other spouse with the financial capacity to provide support, the people’s court may support such a request, considering the financial situation of the other party.

Article 23
This interpretation shall come into effect on February 1, 2025.

Disclaimer:

The information provided above is for informational purposes only and may not be an exact or legally binding version of the original document. Users of this document should consult a professional legal advisor or the relevant official sources for precise legal advice and guidance.

The Supreme People's Court of the People's Republic of China is the only authoritative source for the official interpretation of the laws and regulations referenced herein.