Divorce clause in the new marriage law of 2023

In the newly revised Marriage Law in 2023, the issues of property division and maintenance under no-fault divorce were more clearly defined.

According to the newly revised Marriage Law in 2023, divorce can be divided into fault and no-fault situations, in which the issues of property division and alimony involved in no-fault divorce are clearly defined. Regarding the division of property after the divorce of the innocent party, the newly revised law stipulates that the property acquired by one spouse during the marriage relationship belongs to the personal property of one spouse at the time of divorce; Debts jointly acquired by husband and wife or jointly repaid by husband and wife shall be settled by both parties through consultation at divorce. If negotiation fails, the people's court shall make a judgment according to the specific circumstances. Regarding the maintenance of the innocent party after divorce, the newly revised law stipulates that if the divorce brings financial difficulties to the child support, the innocent party should give appropriate maintenance and fulfill it on time.

How to define the standard of no-fault divorce? The newly revised marriage law stipulates that no-fault divorce refers to the situation that one party has no fault or the fault is not enough to lead to the breakdown of the marriage relationship. Specifically, it mainly includes the following aspects: First, no serious illegal and criminal acts were committed during the marriage; Second, there is no affair or domestic violence; Third, there is no abuse, abandonment or refusal to assume the obligation of support.

Generally speaking, the newly revised Marriage Law in 2023 made more explicit provisions on issues such as property division and alimony in the case of no-fault divorce. In practice, it is necessary to carefully judge whether one party is not at fault according to the specific situation in order to correctly apply the relevant legal provisions. (This answer is for reference only, and the specific questions need to be answered according to the specific situation, which does not constitute legal advice. Specific analysis of specific problems. )

Legal basis:

Article 1077 of the Civil Code of People's Republic of China (PRC) * * * Within 30 days from the date when the marriage registration office receives the application for divorce registration, any party who is unwilling to divorce may withdraw the application for divorce registration from the marriage registration office.