Family Law 2026 Comparisons

Grounds for Divorce

In China, the primary ground for divorce is the “breakdown of mutual affection” between spouses. According to Article 1079 of the Civil Code, specific circumstances include bigamy, cohabitation with a third party, domestic violence, abuse or abandonment of family members, persistent gambling or drug abuse despite repeated admonitions and separation due to marital discord for two full years. The core criterion is the breakdown of mutual affection.

The same grounds do not apply to same-sex spouses or civil partners, as Chinese law does not recognise same-sex marriage or civil partnerships. Marriage is exclusively defined as between a man and a woman.

Divorce Procedure

In China, there are two procedures for divorce.

• Divorce by agreement (Consensual Divorce): Both parties must voluntarily agree to divorce and apply together to the marriage registration authority. The voluntary divorce process also includes a “divorce cooling-off period” system: within 30 days from the date the marriage registration authority receives the divorce application, either party can withdraw the application. Within the next 30 days after the cooling-off period ends, both parties must appear in person to apply for the divorce certificate; otherwise, the application is deemed withdrawn. The timeline is generally 1-2 months.
• Divorce by litigation (contested divorce): If one party seeks divorce and the other disagrees, the initiating party can file a divorce lawsuit with the court. The court will first attempt mediation. If mediation fails, the court will issue a judgment. The timeline varies depending on the complexity of the case – generally 3–6 months, but complex cases may take longer.

Parties do not necessarily have to initiate litigation; divorce by agreement does not require court proceedings. There is no mandatory requirement for a separation period prior to divorce, but separation for two full years can serve as evidence of the breakdown of mutual affection.

• The rules for service are based on the Civil Procedure Law. The court serves legal documents such as the copy of the complaint and summons to the defendant through methods including direct service, service by detention (leaving the documents at the recipient’s residence with certain conditions), service by mail, entrusted service or service by public announcement. Service by public announcement is used when the defendant’s whereabouts are unknown; the announcement period is 30 days.
• Religious marriages have no legal effect in China; marriages must be legally registered to be valid. Divorce also requires legal procedures (either by agreement or litigation).

Other Processes

Other processes include the following.

• Annulment of marriage: According to Article 1051 of the Civil Code, grounds for annulment include bigamy, kinship within prohibited degrees of relationship and failure to reach the legal age for marriage. An annulment must be adjudicated by the court, and the marriage is void ab initio.
• Judicial separation: Chinese law does not have the concept of “judicial separation”. However, the fact of separation can be used as evidence in divorce proceedings (eg, separation for two years can be considered as “breakdown of mutual affection”). There is no independent separation procedure.

The primary jurisdictional basis for divorce lawsuits is the court of the defendant’s domicile or habitual residence (Civil Procedure Law Article 21). Under special circumstances, the court of the plaintiff’s domicile may also have jurisdiction (eg, if the defendant is not within Chinese territory or their whereabouts are unknown).

This does not apply to same-sex spouses or civil partners, as the law does not recognise such relationships.

The concepts of domicile, habitual residence and nationality are relevant to determining jurisdiction in divorce matters, and courts primarily consider the defendant’s domicile or habitual residence:

• domicile – the location of a citizen’s household registration (Hukou);
• habitual residence – the place where a citizen has resided continuously for more than one year; and
• nationality – Chinese nationality is a factor in determining jurisdiction, but domicile or habitual residence are usually the primary factors.

A party to divorce proceedings can contest jurisdiction. A party can raise a jurisdictional challenge during the defence period, which the court will review. Concurrently with the challenge, a party can apply for a stay of proceedings.

When reviewing the application, the court considers factors such as the connection of the case to Chinese courts, whether a foreign court is more convenient to hear the case, whether significant interests of Chinese citizens are involved, etc. In practice, Chinese courts generally prefer to exercise jurisdiction unless there are other statutory reasons not to.

Determining which court has jurisdiction is the first step in initiating litigation. According to Chinese law, the determination of jurisdiction primarily follows the following principles.

• Consolidated adjudication with divorce proceedings: If a request for property division is made simultaneously with the initiation of divorce proceedings, then the property division claim will be under the jurisdiction of the court handling the divorce case. The jurisdiction over divorce cases generally follows the principle of “the plaintiff follows the defendant”, meaning the case falls under the jurisdiction of the People’s Court where the defendant is domiciled. If the defendant’s domicile is different from their habitual residence, the case falls under the jurisdiction of the People’s Court of their habitual residence.
• Separate property division lawsuit after divorce: When spouses file a separate lawsuit specifically for property division after having already divorced through agreement or court judgment, the cause of action is “post-divorce property dispute”. Such lawsuits also follow the general territorial jurisdiction principle, meaning they fall under the jurisdiction of the People’s Court where the defendant is domiciled.
• Common misconception regarding immovable property and exclusive jurisdiction: It is particularly important to note that property division disputes arising from divorce, even if they primarily involve immovable property, do not fall under the “exclusive jurisdiction over immovable property” stipulated in the Civil Procedure Law. This is because such disputes are inherently related to marriage and family matters, not purely disputes over property rights. Guiding opinions and precedents from the Supreme People’s Court clarify that this approach aims to achieve a “one-stop resolution” for family disputes and avoid forcing parties to initiate multiple lawsuits in different locations where properties might be situated.

A party who believes the court accepting the case lacks jurisdiction may raise an objection in accordance with the law.

• Subject and time limit: The party entitled to raise a jurisdictional objection is usually the defendant. The objection must be raised within the statutory period for submitting a defence, which is 15 days from the date the defendant receives the copy of the statement of claim.
• Court’s handling: The court will review the jurisdictional objection raised by the party. If the objection is upheld, the court will rule to transfer the case to a competent court. If the objection is rejected, the court will rule to dismiss it.

Foreign Divorce and Financial Proceeding in a Foreign Jurisdiction

A party can apply to stay proceedings to pursue property division proceedings in a foreign jurisdiction, but the situation becomes more complex when foreign elements are involved.

• Application for stay of proceedings: In divorce cases involving foreign elements, it is possible for one party to apply to a Chinese court for a stay of the property division proceedings within China, citing reasons such as the need for the matter to be resolved first in a foreign court or the existence of a jurisdiction agreement between the parties.
• Factors considered by the court: When deciding whether to grant a stay, the court will comprehensively consider various factors, including but not limited to: the location of the property, the place of residence of the parties, judicial efficiency and fairness, and the recognition and enforcement of judgments. Generally, if the main property is located within China, Chinese courts tend to exercise jurisdiction to avoid prejudice to the parties’ rights and interests and wastage of judicial resources.

After a couple divorces abroad, if there remains undivided property within China, Chinese courts can accept lawsuits regarding the division of such property.

• Establishment of jurisdiction: The primary connecting point for Chinese courts to assert jurisdiction over such cases is the location of the property. As long as the property to be divided is located within China, the parties can file a lawsuit with the People’s Court where the main property is located.
• Recognition of foreign divorce judgment: An important preliminary procedure is the recognition of the foreign divorce judgment by a Chinese court, if the divorce was obtained through a foreign court judgment. The parties need to apply to the competent Intermediate People’s Court for recognition of the foreign divorce judgment. Chinese courts will only accept the subsequent property division lawsuit after recognition is granted. In cases of divorce by agreement, notarised and authenticated divorce documentation needs to be provided.

Service

The service of process in divorce property division litigation fundamentally adheres to the general provisions of the Civil Procedure Law of the People’s Republic of China, aiming to ensure that litigation documents are effectively delivered to the parties involved to safeguard their right to be informed and to defend themselves. Since property division is typically adjudicated together with the divorce case itself, the service rules align with those for divorce cases. The specific methods of service include the following.

• Direct service: This is the most basic method, where court personnel personally deliver the litigation documents to the recipient or an adult family member living with them for acknowledgment. In judicial practice, to ensure effective service, judges or court clerks might perform this task with the assistance of local grassroots organisations.
• Service by mail: When the recipient lives far from the court, service is often effected through registered mail, such as special court delivery. However, this method can face challenges like incorrect addresses or the recipient being away, leading to situations where delivery is attempted but not successful.
• Leaving of documents: This applies when the recipient or an adult family member living with them refuses to accept the documents. Traditionally, this required a representative from a relevant grassroots organisation or the recipient’s workplace to be present as a witness. However, the law now allows the process to be recorded by taking photos or videos, which is deemed as effective service, alleviating to some extent the difficulty of finding a witness.
• Service by public announcement: If all other methods are unsuccessful and the whereabouts of the recipient are unknown, the court will issue a public announcement. Service is deemed effective 30 days after the announcement is made.

Proceedings and Timeline

The financial proceedings in divorce property division litigation generally involve several fundamental stages, including filing the lawsuit, court acceptance, evidence exchange, court hearings and judgment. However, the specific process can vary depending on factors such as whether mediation is involved, the complexity of the property and the level of co-operation from the parties involved. The procedure can be broken down into the following phases.

• The pre-litigation stage: The plaintiff must submit a statement of claim and supporting evidence (property certificates, marriage proof, etc) to the competent court. Before formally accepting the case, the court may institute a divorce cooling-off period of up to 30 days to encourage the parties to calmly negotiate, except in cases involving circumstances such as domestic violence or bigamy.
• The litigation stage: After the case is accepted, the court serves the parties with a Joint Matrimonial Property Declaration Order, requiring them to fully and truthfully declare all joint matrimonial property (wages, real estate, equity, financial assets, etc) within the evidence submission period and to sign a guarantee. Failure to declare completely or truthfully may result in receiving a lesser share or no share of the property. The court then organises evidence exchange and court hearings. If both parties agree, mediation is prioritised to resolve the property division.
• Judgment and enforcement: If mediation fails, the court will issue a judgment based on factors such as the nature of the property, contributions to its acquisition, and the principles of caring for the interests of children and the wife. Once the judgment takes effect, if one party refuses to comply, the other party can apply for compulsory enforcement.

Regarding the timeline, according to the Civil Procedure Law, if summary procedure is applicable, the typical timeframe is three months from the date of case acceptance. For cases using ordinary procedure, the statutory timeframe is generally six months. However, if the case involves complex issues such as overseas assets, division of company shares or asset valuation, the processing time may be extended to 12 months or even longer. Courts prioritise encouraging mediation throughout the process. If the parties can reach a mediation agreement, either before or during the trial, it can significantly shorten the litigation cycle.

The core principle followed by courts when dividing assets in divorce is to distinguish between marital joint property and personal property. Article 1062 of the Civil Code stipulates that the following properties obtained by the spouses during the term of their marriage are considered joint property, owned jointly by the couple:

• wages, bonuses and labour remuneration;
• incomes derived from production, operation and investment;
• proceeds from intellectual property;
• properties obtained by inheritance or gift, unless clearly designated to only one party in the will or gift contract; and
• other properties that should be considered jointly owned.

Spouses have equal rights to dispose of their joint property. Meanwhile, Article 1063 of the Civil Code specifies the scope of personal property, which includes:

• property owned by one party before marriage;
• compensation or indemnity received by one party for personal injury;
• property clearly designated to only one party in a will or gift contract;
• daily necessities used exclusively by one party; and
• other properties that should belong to one party.

However, courts may adjust the distribution proportion based on a comprehensive consideration of factors such as safeguarding the interests of the children, the wife and the innocent party, pursuant to Article 1087 of the Civil Code. For instance, if the wife has borne more responsibilities in raising the children, or if one party is at fault for acts such as domestic violence, the court may rule that the innocent party receives a larger share of the property.

Court Orders and Identification of Assets

Courts can issue various orders in the division of divorce property, including:

• determining property ownership – for example, ruling that real estate or vehicles belong to one party, while the other party receives a compensatory payment;
• ordering compensation payments – for instance, ordering the titled party to compensate the other party for the repaid loan portion and its appreciation regarding a property purchased before marriage but with the loan repaid during marriage;
• addressing joint debts – such as characterising debts and dividing repayment responsibilities; and
• sanctioning acts of concealing or transferring property – a party who hides, transfers, sells, destroys or damages joint property, or forges debts in an attempt to seize the property of the other party, may be awarded a smaller share or no share of the property in the divorce (according to Article 1092 of the Civil Code).

When issuing the aforementioned orders, courts will focus on the following factors.

• the source of the property and the degree of contribution – for example, if one party purchased a property before marriage and the loan was repaid during the marriage, the other party should be compensated for the repaid portion and its appreciation;
• the duration of the marriage and contributions to the family – a shorter marriage duration with lesser contribution by one party might result in a reduced share for that party;
• protecting the interests of children and the wife – the party with whom the child primarily resides or the wife might receive a larger share of property to ensure their livelihood;
• the degree of fault – a party at fault for bigamy, domestic violence, etc, might receive a smaller share; and
• the utility and economic value of the property – striving to maintain the integrity of productive property, such as company equity.

Courts identify property through a combination of declarations by the parties and investigations initiated by the court. The specific procedures include the following.

• Declaration of marital joint property: In divorce proceedings, both parties are required to complete a Marital Joint Property Declaration Form, fully disclosing wages, real estate, financial assets, etc. A party who fails to declare honestly may be awarded a smaller share or no share by the court based on Article 1092 of the Civil Code.
• Court investigation and evidence collection: One party can apply to the court to obtain evidence of property from third parties such as banks or real estate registration centres. The court can also issue investigation orders to compel third parties to provide relevant information.
• Sanction measures: Against acts of concealing property, courts may impose compulsory measures such as fines or detention; if a crime is constituted, criminal liability shall be pursued according to law.

Property Regimes

China’s system is based on the statutory system of joint property between spouses, while also allowing for an agreed property system. This means spouses can clarify property ownership through prenuptial or marital agreements (according to Article 1065 of the Civil Code). In the absence of an agreement, the statutory system of joint property applies.

During divorce, the following applies.

• Division of joint property: The principle is equal division, but the proportion may be adjusted considering contributions, fault and other factors.
• Treatment of special property: Assets like real estate and company equity often require valuation to determine their value before division. For example, for a property purchased before marriage with the loan repaid during marriage, the titled party typically compensates the other party for the jointly repaid portion of the loan and its appreciation.
• Latest judicial interpretation: The “Interpretation (II) of the Marriage and Family Section of the Civil Code”, effective in 2025, further clarifies that in cases involving a short marriage duration and significant disparity in contributions, the court may rule that the property belongs to the contributing party, but reasonable compensation must be paid to the other party.

Trusts

Family courts recognise the trust system and examine the nature of trust property with reference to the Trust Law and the Civil Code. The court’s review focuses on the following

• The source of trust property: If the property used to establish the trust constitutes marital joint property, the consent of the spouse is required. Otherwise, the trust may be deemed invalid.
• The legitimacy of the trust’s purpose: A trust established to evade debts or conceal joint property may be deemed invalid by the court according to Article 154 of the Civil Code.
• Court powers: These include ordering the trustee to disclose trust information, confirming the validity of the trust and ordering the return of property. For example, if one party establishes a trust with joint property for the purpose of bigamy, the other party has the right to request confirmation of the act’s invalidity and the return of the property.

In China, spousal maintenance is referred to as “economic assistance” upon divorce. It is only granted if one party faces living difficulties (eg, disability, lack of capacity to work) and the other party has the ability to provide support; then, appropriate assistance should be given (Civil Code Article 1090). It is not a general obligation.

Following the breakdown of a marriage and before the final outcome, a party can apply for “advance execution” or interim measures, but the standard is very strict. It is necessary to prove urgent need (eg, medical expenses); the court may rule on an advance payment.

Chinese law does not provide for ongoing spousal maintenance payments. Economic assistance is typically a one-time or short-term payment. The amount is determined considering factors such as the local standard of living and both parties’ financial capabilities and contributions to the marriage.

China recognises prenuptial and postnuptial agreements, but they must comply with the Civil Code. The content of the agreement must not violate mandatory legal provisions or public order and good morals (eg, an agreement waiving child custody rights is invalid). Agreements regarding property division are generally respected.

Courts respect valid agreements, but may adjust them if they are grossly unfair, emphasising that the agreement must reflect the true intention of both parties. Disputes over marital property agreements are relatively rare in trial practice. However, in cases like (2025) Chuan 0981 Min Chu No 4712, the court, regarding a post-divorce property agreement between spouses, applied Judicial Interpretation I of the Civil Code, Family Part, Article 69(2): “The clauses regarding property and debt handling in the divorce agreement signed by the parties according to Article 1076 of the Civil Code are legally binding on both parties”.

In China, there are no specific laws for unmarried cohabiting partners; asset division is handled according to general rules on co-ownership: if common ownership can be proven, division is based on the contribution ratio or agreement; otherwise, the asset belongs to the registered owner. The cohabitation relationship itself does not create property rights.

The length of cohabitation does not affect asset division. However, if the couple has children together, child support or compensation for contributions to the children can be claimed. Cohabitants do not automatically acquire the rights and obligations of spouses.

If one party fails to fulfil the obligations of property division as stipulated in the effective judgment or mediation agreement, the other party should, within the statutory time limit (generally two years, calculated from the last day of the performance period specified in the legal document), submit an application for compulsory enforcement to the original trial People’s Court or the People’s Court in the place where the property to be enforced is located.

Once the case enters the enforcement procedure, the court will issue a “Notice of Enforcement” and an “Order to Report Property” to the person subject to enforcement, ordering them to perform their obligations within a specified time limit and to truthfully declare their property status. If the person subject to enforcement fails to comply by the deadline or refuses to report their property, the court will take compulsory measures in accordance with the law.

The court will locate and control the property of the person subject to enforcement through various means.

• Online control system: The court may, according to law, utilise the nationwide online execution control system to inquire about bank deposits, online funds (such as Alipay or WeChat Pay), securities, vehicles, industrial and commercial registration information, and other assets under the name of the person subject to enforcement, and take direct measures such as freezing and transferring funds.
• Traditional investigation and compulsory measures: These include sealing up (posting seals to restrict disposal), seizing (transferring actual control of the item), auctioning and selling off real estate, vehicles, equipment, etc (eg, judicial auction of real estate). For those who refuse to perform their obligations, the court may take compulsory measures such as fines or judicial detention (for a maximum of 15 days).
• Credit discipline: For persons subject to enforcement who have the capacity to perform but refuse to do so, the court may include them in the list of discredited persons subject to enforcement, restricting high-consumption behaviours such as taking planes or high-speed trains, staying in star-rated hotels and purchasing real estate. If the circumstances are serious, it may constitute the crime of refusing to execute a judgment or ruling, and criminal liability may be pursued.

International Enforcement

Chinese courts recognise and enforce divorce property division judgments made by foreign courts, primarily based on international treaties (such as bilateral judicial assistance agreements) or the principle of reciprocity.

The procedure for applying for recognition and enforcement of a foreign court judgment usually involves two steps.

• Step 1 – application for recognition: First, the party concerned must apply to the competent Intermediate People’s Court in China, requesting recognition of the effectiveness of the foreign court judgment. The application materials usually include a notarised and authenticated copy of the judgment, a Chinese translation, etc.
• Step 2 – application for enforcement: After obtaining the Chinese court’s ruling on recognition, if the debtor still fails to perform, the creditor can apply to the Chinese court for compulsory enforcement based on this ruling. The subsequent enforcement procedure is basically the same as that for domestic cases.

In principle, reporting is allowed, but it must comply with the People’s Court Courtroom Rules. If privacy is involved, the court can restrict reporting. The scope is limited to open court sessions, but family cases are generally not heard in public.

Parties can request anonymisation. The process involves applying to the court for a non-public hearing or anonymised handling; the court decides based on privacy protection. In practice, names are often redacted in family cases.

Outside of formal court litigation, the primary alternative dispute resolution (ADR) mechanisms available to parties for resolving divorce property disputes mainly include negotiation, mediation and arbitration. These mechanisms each have distinct characteristics and provide parties with more diverse and flexible resolution pathways.

Negotiation

This is the most basic and common form of out-of-court resolution. The spouses, either independently or with the assistance of lawyers, engage in amicable discussions on issues such as property division and child support, ultimately reaching a “divorce agreement”. The advantages of negotiation lie in its high degree of autonomy, low cost, high efficiency and conduciveness to ending the marital relationship peacefully. It is particularly suitable for situations where the parties have minimal disagreements and are both willing to handle the matter rationally. This agreement serves as the core document for processing the divorce registration.

Mediation

When direct negotiation between the parties is difficult, mediation becomes an extremely important method. Mediation refers to a process where a neutral third party (the mediator) facilitates discussions to help the parties voluntarily reach an agreement. In Chinese practice, mediation takes various forms.

• People’s mediation: Conducted by People’s Mediation Committees (typically established within communities, sub-district offices or justice bureaus) under the guidance of judicial administrative departments. This is a free public service, and agreements reached through mediation are legally binding.
• Court-annexed mediation: This is currently a “docket mediation” mechanism strongly promoted by the judicial system. Before filing a lawsuit, or after case acceptance, the court may guide the parties to refer their case to specially invited mediation organisations or the court’s internal mediators for pre-litigation mediation. For example, some courts collaborate with women’s federations and lawyers’ associations to establish specialised family mediation rooms. If mediation is successful, the parties can apply for the court to issue a “civil mediation statement”, which possesses enforceability. If mediation fails, the case is promptly transferred into the litigation process.
• Administrative mediation: In certain circumstances, parties might also seek advisory and mediation services provided by civil affairs departments during the divorce registration process.

Currently, Chinese law does not universally mandate the mandatory prior use of ADR (particularly mediation) for divorce property disputes. However, judicial policy and practice demonstrate a strong tendency to incentivise and guide parties towards it.

The basic principle regarding the use of ADR is voluntariness. The court cannot force parties to accept a mediation outcome.

Potential consequences of non-compliance

While there are no direct administrative penalties (such as fines) for refusing to participate in mediation, there can be potential adverse procedural implications.

• Agreement without judicial confirmation (eg, a privately reached divorce agreement): Its legal nature is that of a binding contract. According to the Civil Code, this agreement is legally binding on both parties. If one party later reneges and fails to perform the agreement (eg, refuses to pay the agreed property settlement), the other party cannot directly apply to the court for enforcement. They must first file a lawsuit with the court, requesting a judgment ordering the other party to perform the agreement. The court will review the legality of the agreement. If it is found valid, the court will issue a judgment, upon which enforcement can then be sought. This adds an extra litigation step, making the process more time-consuming.
• Agreement with judicial confirmation (eg, a civil mediation statement issued by the court):This is the key to ensuring the agreement’s enforceability. When parties reach a settlement during court-annexed mediation or litigation, and the court, after legal review, issues a civil mediation statement, this document holds the same legal effect as a final and effective judgment. If one party refuses to perform, the other party can directly apply to the competent court for enforcement, without needing to initiate a separate lawsuit. This represents the greatest advantage of the seamless connection between the ADR mechanism and the judicial process, as it reflects the parties’ autonomy of will and endows the outcome with the guarantee of state enforcement power.

The court of the defendant’s domicile or the child’s domicile (Civil Procedure Law Article 21) is the jurisdictional ground. Factors considered include the child’s best interests, convenience and the connection of the case to the location.

Domicile (Hukou location) and habitual residence are the primary bases. Nationality serves as an auxiliary connecting factor.

When parents cannot agree on their child’s residence and visitation, either party can file a lawsuit with the court, requesting a judgment on custody and the manner of exercising visitation rights. When handling such disputes, the court’s core principle is to maximise the protection of the minor child’s best interests, resolving the matter through prioritised mediation and flexible judgments。

Courts place great emphasis on mediation in family cases. For example, a court in Fujian, when handling a visitation rights dispute, did not immediately issue an injunction but organised mediation between the parties within 48 hours, ultimately facilitating an agreement on visitation and successfully resolving the conflict. A case from a court in Shandong also showed that a local People’s Mediation Committee, through patient explanation of the law and reasoning, prompted divorced parents to reach an agreement on visitation arrangements.

If mediation fails, the court will rule according to the law. The judgment comprehensively considers various factors, including the following.

• The child’s wishes: For children aged eight and above, the court respects their genuine wishes.
• Parents’ upbringing conditions and capabilities: The court assesses both parents’ economic status, living environment, moral character, etc, to determine what is conducive to the child’s growth.
• Convenience for life and study: For instance, in a case where the parents lived in Guangzhou and Liaoning, the court considered that the 3,000-kilometer distance made the original judgment of twice-monthly visitation impractical. To ensure the maintenance of the mother-child bond, the court changed the visitation method to the child living with the mother for several days during winter and summer vacations.
• Innovative visitation methods: To address practical issues like long distances, courts also innovate visitation methods. For example, in a case in Qinghai, the court supported the mother’s right to weekly video visits via WeChat in addition to in-person visits, establishing the legality of “online visitation”.

The dissolution of the marriage does not affect the parents’ custody rights and their legal duty to raise, educate and protect their children. The core of the legal approach is to determine which parent the child will primarily reside with (direct custody), and how the non-custodial parent exercises their rights and fulfils their obligations.

Custody and Parental Responsibility Remain Unchanged

According to the Civil Code, the relationship between parents and children is not eliminated by divorce. After divorce, regardless of which parent the child primarily lives with, the child remains the child of both parents, and both parents retain the duty to raise, educate and protect the child. This means that custody itself does not change due to divorce; what changes is which parent the child lives with (determination of the primary custodial parent).

In terms of the division of responsibilities, the following applies.

• Primary custodial parent: Responsible for the child’s daily life, study and education.
• Non-custodial parent: Not only has the right to visit the child, which the other parent must facilitate, but also must bear the corresponding child maintenance payments, which is a key way of fulfilling their support duty. For example, cases show that even if one parent assumed full maintenance responsibility in the divorce agreement, the child may still have the right to request reasonable support from the other parent if necessary.

Court Orders

Court orders are not arbitrary and must adhere to clear limitations, with the child’s best interests remaining paramount.

• Must not harm the child’s physical or mental health: This is the most fundamental limitation. If a parent’s visitation is detrimental to the child’s physical or mental health (eg, due to domestic violence or drug abuse), the court may suspend that parent’s visitation rights. Visitation rights should be restored once the reasons for suspension cease.
• Respect the child’s wishes: For children aged eight and above, the court will listen to and respect their wishes when making relevant judgments. For instance, when ruling on changes to custody arrangements or visitation involving extended holiday stays, if the child has sufficient cognitive ability, the court may specifically note the need to obtain the child’s consent.
• Consider practical implementation conditions: Court orders must be operable. For example, in a cross-province visitation case, the court adjusted the visitation method based on changed circumstances to avoid an unenforceable judgment.

Child Maintenance

Child maintenance refers to the expenses paid by parents to fulfil their duty of support for minor children or adult children who cannot live independently. Its purpose is to cover the child’s basic needs, including living expenses, education, healthcare, etc. The legal basis is Article 1067 of the Civil Code, which states that if parents fail to perform their duty of support, minor children or adult children who cannot live independently have the right to demand maintenance payments from their parents.

Maintenance includes living expenses, education costs and medical expenses. It is important to note that routine education and medical expenses are generally considered included in the maintenance payment. However, significant medical expenses arising from sudden serious illness, or additional education costs such as attending high-tuition schools, are typically deemed beyond the normal scope of maintenance and can be claimed separately based on actual need and the parents’ ability to pay.

The amount of maintenance is first determined by agreement between the parents. If no agreement is reached, the People’s Court will make a judgment. The court’s decision is primarily based on three factors: the child’s actual needs, both parents’ financial capabilities and the local standard of living.

Parents can autonomously agree on child maintenance arrangements through a written agreement. Once reached, such an agreement is binding on both parties.

• Validity and content of the agreement: At the time of divorce, parents can reach a written agreement on which parent will have primary custody, how visitation rights will be exercised, the amount of maintenance and payment methods. This agreement, reflecting the genuine intent of both parties, has legal effect, and both parties should abide by it.
• Confirmation and enhancing enforceability: To increase the security of the agreement, both parties can jointly apply to the court for confirmation of the agreement’s content in the form of a civil mediation statement. If one party fails to perform the agreement, the other party can directly apply to the court for compulsory enforcement without needing to file a new lawsuit.
• Modification of the agreement: If circumstances change later (eg, increased child expenses, changes in parental income), the parties can also modify the prior agreement through a new agreement.

The court can make orders regarding child maintenance. The payment period for maintenance generally lasts until the child reaches the age of eighteen. However, the duration can be extended in the following special circumstances:

• the child is still receiving a high school education or below – for example, a court may order a father to pay maintenance until a child who has turned 18 but is still in their final year of high school graduates; or
• the child loses or partially loses the ability to work and cannot maintain a normal life for non-subjective reasons – the parents need to continue bearing maintenance costs.

A child can apply for financial provision as the entitled party, but the legal proceedings must be conducted by their legal representative (usually the parent with primary custody). The law does not set a minimum age limit for this right of claim.

The court has the power to make orders on specific issues, based on the child’s best interests. However, the court usually respects the decisions of the custodial parent on daily matters, while major issues require consultation between both parents.

There is no explicit legal concept of “parental alienation” in China. However, in judicial practice, courts recognise behaviour by one parent that alienates the child from the other parent. The court may modify custody or take corrective measures.

Children can give evidence, but special methods are used (eg, video link, testifying in a separate room). Courts cautiously evaluate such evidence, considering it in conjunction with other evidence, and prioritise protecting the child.

Mechanisms include mediation, negotiation, family education guidance, etc. Court-annexed mediation is common. ADR is not mandated, but strongly encouraged. There are no penalties for non-compliance. It has the effect of a contract and can be enforced after court confirmation. Agreements are enforceable. There are no statutory requirements for parties to engage in ADR, but courts may recommend it.

In China, media reporting on juvenile cases follows the principle of “non-disclosure as the rule”. This is not a simple restriction but a systematic protection measure running through the entire process of investigation, prosecution and trial. Multiple laws explicitly stipulate that judicial organs have a duty of confidentiality during proceedings. For example, Article 481 of the People’s Procuratorate Criminal Procedure Rules requires procuratorates not to disclose or disseminate any information, such as the name, address or photo, of a minor involved in a case that could lead to their identification. Article 103 of the Minor Protection Law extends this obligation to all relevant organisations and individuals, including public security organs, courts and judicial administrative departments. The scope of protection covers not only minor criminal suspects and defendants but also equally includes minor victims, witnesses and the minor children of adult parties involved in cases, striving to minimise the “secondary harm” caused by litigation.

News media are required to be objective, prudent and moderate when reporting on incidents involving minors. Some local judicial authorities issue joint statements with media outlets, committing not to publicly disclose the identity information of minors involved in litigation and to avoid sensationalised or exaggerated biased reporting. However, there are exceptions and “case-by-case balancing”. Exceptions may arise when significant public interest is involved, such as the need to disclose information to find missing or abducted minors. For highly socially impactful juvenile crime cases, although the trial remains closed, judicial organs might conduct moderate legal publicity by releasing typical cases. In such instances, all identifiable information is strictly handled, and reporting focuses on the legal significance and warning/educational role of the case, rather than case details or personal identities. This requires judicial organs to carefully balance public right to know and the protection of minors’ rights.

Minors are automatically anonymised in case reports. The scope of anonymisation goes far beyond just the name. The law requires comprehensive shielding of all information that could lead to the identification of the minor, including their address, photos, images, school attended, ID number and home address. When uploading judgment documents to public platforms (eg, China Judgements Online), courts must technically process the documents. Specific operations include:

• replacing the minor’s name with aliases like “Zhang M”;
• blurring detailed home addresses to something like “X City, X District, X Road, Number X”; and
• deleting or concealing personal information like ID numbers and bank account numbers.

There are even cases where courts have received procuratorial suggestions for disclosing minor identity information in public documents, requiring them to withdraw the documents and republish them after proper anonymisation.

Parents can request anonymisation of the proceedings by applying to the court for a non-public hearing or anonymised handling; the court will decide based on the specific circumstances. Beyond applying for a non-public hearing, parents can collaborate with the handling authorities to bind litigation participants. For example, the Measures for Restricting the Disclosure of Information Concerning Minors Involved in Litigation, jointly signed in Beijing’s Haidian District, stipulate that the handling authorities should inform litigation participants, support personnel or observers that they must not disclose or disseminate information about the minors involved in the case externally. Parents can remind and urge the handling personnel to fulfil this notification obligation. If they find that a minor’s information has been improperly disclosed, parents can, based on Article 69 of the Minor Protection Law, request relevant departments to intervene. Violations of minors’ privacy may constitute acts against public security management and be subject to administrative penalties by public security organs according to law.