Divorce in China: Institutional Constraints and Gendered Outcomes, Xin He

Abstract

There are two roads to divorce in China. One is registered divorce, the other is litigation divorce. When both parties have reached an agreement on whether to divorce, how to divide their common property, and raise children if necessary, they can apply for a registered divorce in a relevant authority. Before the promulgation of China’s Civil Code, both parties, with necessary personal certificates and a divorce agreement, could successfully register their divorce within an hour in the marriage registration authority with jurisdiction. Although a 1-month cooling-off period has been set up in the Civil Code, divorce petitioners can register their divorce on the first day of the second month after the cooling...