If both a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed. If a man or a woman requests a divorce, the relevant authorities may mediate or directly file a divorce proceedings with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.
In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation of a person with a spouse;
1)bigamy or, cohabitation of a married person with any third party;
2) Committing domestic violence or abusing or abandoning family members;
2)domestic violence or, maltreatment and desertion of one family member by another;
3) Those who have bad habits such as gambling and drug abuse that they do not change;
3)bad habits of gamble or drug addiction which remain incorrigible despite repeated admonition;
4) Separated for two years due to emotional discord;
4)separation caused by incompatibility, which lasts two full years; and
5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
5)any other circumstances causing alienation of mutual affection.
If one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.
divorce shall be granted if one party is declared to be missing and the other party thereby files an action for divorce.
Relevant bilingual regulations:
Article 33 of the Marriage Law:
The spouse of an active military member must obtain the consent of the military member if he or she wishes to divorce, unless one of the military personnel is seriously at fault.
if the spouse of a soldier in active military service desires a divorce, the soldier’s consent must b e obtained, except that the soldier commits a serious fault.
Article 34 of the Marriage Law:
The man may not file for divorce during pregnancy, within one year after childbirth, or within six months of the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.
a husband may not apply for a divorce when his wife is pregnant or within one year after the birth of a child or within six months after pregnancy suspension. this restriction shall not apply in cases where the wife applies for a divorce, or when the people’s court deems it necessary to accept the divorce application made by the husband.
Article 35 of the Marriage Law:
After divorce, if a man and a woman voluntarily resume their relationship as husband and wife, they must go to the marriage registration office to register their remarriage.
if, after divorce, both parties desire to resume their husband-and-wife relationship, they shall register for the remarrying of each other with the marriage registration office.
Refer to bilingual example sentences:
even before the family code act was adopted, judges dealing with cases of divorce by mutual consent tended, in the name of the best interests of the child, to base their decisions concerning children’s social and economic rights on the principles of the convention on the rights of the child.
Prior to the adoption of the law on the Family Code, it was customary for judges to give preference to decision-making provisions relating to the socio-economic rights of the child in the name of their best interests in the case of divorce by mutual agreement, on the basis of the main elements of the Convention on the Rights of the Child.
the committee remains concerned about the persistent inequality of women in matrimonial and family matters in law and in practice, including forced marriages, severe discrimination against women demanding divorce and the inferior position of women in relation to the inheritance of conjugal property.
The Committee remains concerned about the persistence of inequalities among women in marriage and family matters, both in law and in practice, including forced marriages, severe discrimination against women seeking divorce and the inferior status of women in the inheritance of matrimonial property.
life-cycle rituals – birth; rites of passage; wedding, divorce and funerary rituals; games and sports; kinship and ritual kinship ceremonies; settlement patterns; culinary arts; designation of status and prestige ceremonies; seasonal ceremonies; gender-specific social practices; practices relating to hunting, fishing and gathering; geonymic and patronymic nomenclature; silk culture and crafts (production [fabrication], sewing, dyeing, cloth designs); wood carving; textiles; body-art (tattooing, piercing, painting).
Rituals throughout the life of a person (birth, upbringing, marriage, divorce and funeral), games and sports activities, rituals of kinship and kinship, patterns of settlement, cooking techniques, rituals of identity and dignity of the elders and inferiors, rituals concerning the seasons, social customs of different genders, hunting, fishing and harvesting customs, names derived from place names and names derived from patronymic names, silk culture and crafts (production [textile], sewing, dyeing, pattern design), wood carving, textiles, ** art (tattoos, piercings, Body painting).