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(I) Wages, bonuses, and remuneration for labor services;(II) Proceeds of production, business operation or investment;(III) Proceeds of intellectual property rights;(IV) Property inherited or donated, except for that provided for in Item (III) of Article 1063 hereof; and(V) Other property which should be in their joint possession.Husband and wife shall have equal rights in the disposition of their common property.
Article 1063    The following property shall be deemed as the movables of either party of a couple:(I) The property that belongs to one party before marriage;(II) Compensation or indemnity obtained by one party for a personal injury;(III) The property to be in the possession of one party as determined by a will or by a contract of gift;(IV) One party's daily necessities; and(V) Other property which should be in the possession of one party.
Article 1064    Debts incurred jointly by a couple in the form of signatures by the couple, acknowledgement by either spouse after such debt was incurred by the other spouse or other form of expression of their common will, as well as debts incurred by either spouse in his or her own name during the existence of the marriage relationship for the purpose of meeting the needs of the couple's daily family life shall be deemed as joint debts of the couple.Any debt that is incurred by either spouse in his or her own name during the existence of the marriage relationship beyond meeting the needs of the couple's daily family life shall not be deemed as common debt, unless the creditor can prove that such debt is used for the couple's life or common production or operation activities, or is incurred based on expression of the couple's common will.

Article 1065    Both the husband and the wife may conclude an agreement that the property acquired by them during the existence of the marriage relationship and the property acquired before marriage shall be in their separate possession or in joint possession with the other party or that part of the property shall be in their separate possession and the other part shall be in their joint possession with the other party. Such an agreement shall be in writing.Where the husband and the wife agree that the property acquired by them during the existence of the marriage relationship shall be in their separate possession, debts contracted by the husband or the wife shall be paid off with the movables of the party of the husband or the wife, if the other party knows that there is such an agreement.
Article 1066    During the existence of the marriage relationship, either of them may make a request to the people's court for partition of their common property under any of the following circumstances:(I) Where one party commits the acts that seriously harm the interests of common property, such as concealing, assignment ring, selling off, destroying, or squandering common property or forging common debts; or(II) Where one party disagrees with payment of relevant medical costs for a person to whom the other party is legally obliged to maintain, who suffers from a serious disease and needs medical treatment.
Article 1076    Where both husband and wife intend to get divorced voluntarily, they shall sign a written divorce agreement and shall apply for divorce registration in person to the marriage registration office.The divorce agreement shall set forth both parties' intention of voluntary divorce and consensus on matters of children rearing, property and debt settlement through consultation.
Article 1079    If one party alone desires a divorce, the organization concerned may carry out mediation or the party may directly file a divorce suit in a people's court.In dealing with a divorce case, the people's court should carry out mediation; and divorce shall be granted if mediation fails because mutual affection no longer exists.In any of the following circumstances, divorce shall be granted if mediation fails:(I) Bigamy or cohabitation with another person;(II) With domestic violence, maltreatment or abandonment of family members;(III) With gambling, drug taking and other bad habits, which are not changed after repeated education;(IV) Having separated from each other for two full years due to lack of mutual affection; or(V) Other cases which lead to the alienation of mutual affection.Where one party is declared to be missing and the other party starts divorce proceedings, divorce shall be granted.Where, after the people's court has made a judgment that divorce shall not be granted, both parties live apart for another year and a party files a divorce suit again, divorce shall be granted.
Article 1082    A husband may not apply for a divorce when his wife is pregnant, or is within one year after the birth of the child, or within six months after the termination of her gestation, except where the wife applies for a divorce, or where the people's court deems it necessary to accept the divorce application made by the husband.
Article 1084    After divorce, children under the age of two shall, in principle, be directly put in the custody of their mother. If the Parents of a child who has reached the age of two fail to reach an agreement on the matter of the child's rearing, the people's court shall, in accordance with the actual conditions of both parties and on the principle of benefiting the minor child to the greatest extent, make a judgment. If a child has reached the age of eight, his or her real willingness shall be respected.
Article 1085    If, after divorce, the children are directly put in the custody of one party, the other party shall bear part or the whole of the cost of maintenance.
Article 1086    After divorce, the father or the mother who does not directly bring up the child shall have the right to visit his or her child, and the other party shall have the duty to cooperate.
Article 1087    At the time of divorce, the husband and the wife shall seek agreement regarding the disposition of their common property. If they fail to reach an agreement, the people's court shall, on the basis of the actual circumstances of the property and on the principle of taking into consideration the rights and interests of the child, the wife and the innocent party.Article 1089    At the time of divorce, the husband and the wife shall repay their common debts jointly. Where their common property is insufficient to pay the debts or where the property is in their separate possession, the two parties shall discuss alternative ways of payment; if they fail to reach an agreement, the people's court shall make a judgment.
Article 1091    Where one of the following circumstances leads to divorce, the innocent party shall have the right to claim compensation:(I) Bigamy;(II) Cohabiting with another person;(III) Domestic violence;(IV) Maltreating or abandoning family members; or(V) With any other grave faults.

Article 1092    Where one party of a couple conceals, assigns, sells off, destroys or squander the common property of the couple, or forges the common debts of the couple in an attempt to encroach upon the property of the other party, the former may get less or no property when the common property of the couple is partitioned because of divorce. After divorce, if the other party discovers the above, it may bring a suit in the people's court to demand re-partition of the common property of the couple.


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PRC Civil Code Part V: Marriage and Family

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You might feel interested in:Nationality of Children Born in ChinaPRC Civil Code Part VI:  Inheritance
PRC Civil Code: Liability for Medical Malpractice

(I) Wages, bonuses, and remuneration for labor services;(II) Proceeds of production, business operation or investment;(III) Proceeds of intellectual property rights;(IV) Property inherited or donated, except for that provided for in Item (III) of Article 1063 hereof; and(V) Other property which should be in their joint possession.Husband and wife shall have equal rights in the disposition of their common property.
Article 1063    The following property shall be deemed as the movables of either party of a couple:(I) The property that belongs to one party before marriage;(II) Compensation or indemnity obtained by one party for a personal injury;(III) The property to be in the possession of one party as determined by a will or by a contract of gift;(IV) One party's daily necessities; and(V) Other property which should be in the possession of one party.
Article 1064    Debts incurred jointly by a couple in the form of signatures by the couple, acknowledgement by either spouse after such debt was incurred by the other spouse or other form of expression of their common will, as well as debts incurred by either spouse in his or her own name during the existence of the marriage relationship for the purpose of meeting the needs of the couple's daily family life shall be deemed as joint debts of the couple.Any debt that is incurred by either spouse in his or her own name during the existence of the marriage relationship beyond meeting the needs of the couple's daily family life shall not be deemed as common debt, unless the creditor can prove that such debt is used for the couple's life or common production or operation activities, or is incurred based on expression of the couple's common will.

Article 1065    Both the husband and the wife may conclude an agreement that the property acquired by them during the existence of the marriage relationship and the property acquired before marriage shall be in their separate possession or in joint possession with the other party or that part of the property shall be in their separate possession and the other part shall be in their joint possession with the other party. Such an agreement shall be in writing.Where the husband and the wife agree that the property acquired by them during the existence of the marriage relationship shall be in their separate possession, debts contracted by the husband or the wife shall be paid off with the movables of the party of the husband or the wife, if the other party knows that there is such an agreement.
Article 1066    During the existence of the marriage relationship, either of them may make a request to the people's court for partition of their common property under any of the following circumstances:(I) Where one party commits the acts that seriously harm the interests of common property, such as concealing, assignment ring, selling off, destroying, or squandering common property or forging common debts; or(II) Where one party disagrees with payment of relevant medical costs for a person to whom the other party is legally obliged to maintain, who suffers from a serious disease and needs medical treatment.
Article 1076    Where both husband and wife intend to get divorced voluntarily, they shall sign a written divorce agreement and shall apply for divorce registration in person to the marriage registration office.The divorce agreement shall set forth both parties' intention of voluntary divorce and consensus on matters of children rearing, property and debt settlement through consultation.
Article 1079    If one party alone desires a divorce, the organization concerned may carry out mediation or the party may directly file a divorce suit in a people's court.In dealing with a divorce case, the people's court should carry out mediation; and divorce shall be granted if mediation fails because mutual affection no longer exists.In any of the following circumstances, divorce shall be granted if mediation fails:(I) Bigamy or cohabitation with another person;(II) With domestic violence, maltreatment or abandonment of family members;(III) With gambling, drug taking and other bad habits, which are not changed after repeated education;(IV) Having separated from each other for two full years due to lack of mutual affection; or(V) Other cases which lead to the alienation of mutual affection.Where one party is declared to be missing and the other party starts divorce proceedings, divorce shall be granted.Where, after the people's court has made a judgment that divorce shall not be granted, both parties live apart for another year and a party files a divorce suit again, divorce shall be granted.
Article 1082    A husband may not apply for a divorce when his wife is pregnant, or is within one year after the birth of the child, or within six months after the termination of her gestation, except where the wife applies for a divorce, or where the people's court deems it necessary to accept the divorce application made by the husband.
Article 1084    After divorce, children under the age of two shall, in principle, be directly put in the custody of their mother. If the Parents of a child who has reached the age of two fail to reach an agreement on the matter of the child's rearing, the people's court shall, in accordance with the actual conditions of both parties and on the principle of benefiting the minor child to the greatest extent, make a judgment. If a child has reached the age of eight, his or her real willingness shall be respected.
Article 1085    If, after divorce, the children are directly put in the custody of one party, the other party shall bear part or the whole of the cost of maintenance.
Article 1086    After divorce, the father or the mother who does not directly bring up the child shall have the right to visit his or her child, and the other party shall have the duty to cooperate.
Article 1087    At the time of divorce, the husband and the wife shall seek agreement regarding the disposition of their common property. If they fail to reach an agreement, the people's court shall, on the basis of the actual circumstances of the property and on the principle of taking into consideration the rights and interests of the child, the wife and the innocent party.Article 1089    At the time of divorce, the husband and the wife shall repay their common debts jointly. Where their common property is insufficient to pay the debts or where the property is in their separate possession, the two parties shall discuss alternative ways of payment; if they fail to reach an agreement, the people's court shall make a judgment.
Article 1091    Where one of the following circumstances leads to divorce, the innocent party shall have the right to claim compensation:(I) Bigamy;(II) Cohabiting with another person;(III) Domestic violence;(IV) Maltreating or abandoning family members; or(V) With any other grave faults.

Article 1092    Where one party of a couple conceals, assigns, sells off, destroys or squander the common property of the couple, or forges the common debts of the couple in an attempt to encroach upon the property of the other party, the former may get less or no property when the common property of the couple is partitioned because of divorce. After divorce, if the other party discovers the above, it may bring a suit in the people's court to demand re-partition of the common property of the couple.


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