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Changes in Chinese Divorce Law Raises Interesting Questions

You may or may not be aware of the recent changes in Chinese divorce law. The alterations to the rules which govern the division of property following a divorce did not receive a great deal of coverage within the UK – the Telegraph being the only paper to report the changes – in spite of their importance and the fact that many are likely to feel that legislators in the UK should consider making similar changes to our own laws.

Essentially these changes mean that, following a divorce, the matrimonial home will be retained by the spouse that purchased the property. On the face of things, this is a sensible and just ruling. Unfortunately, though – as I have previously stated in comments placed on other websites – in my opinion, it is an oversimplified framework and certain to result in gender disparity.

Firstly, the ruling fails to take into account the fact that spouses often contribute to the cost of a mortgage even when their name does not appear on the household deeds. What’s more, this new ruling seems to presume that it is only financial contributions that see a couple retain their marital homes. In actuality, even if one half of a marriage makes no monetary contribution to the relevant monthly payments, they will, more often than not, be contributing in other ways.

Consider, for example, how the domestic tasks completed by a housewife on a daily basis can assist her working husband. The fact that the husband returns home at the end of a working day with very few, or even no household chores to complete is of great assistance. It allows him to relax when at home and this is likely to result in him performing better at work the following day.

This improved performance can lead to better stability in employment or even promotion and an increase in his wages – both of which will assist the couple in both retaining and maintaining their property and obtain new possessions. The fact that these new laws could be seen as sexist – with husbands generally owning the marital home – has not been helped by comments from Chinese officials that support the ruling with them having claimed that these new laws are necessary to curb the increasingly materialistic nature of the country’s female population.

We at Quickie Divorce believe that this new ruling is insufficient and, dare we say it, slightly sexist.

Still, others are likely to have different viewpoint and we therefore encourage you to share your opinions with us; it could lead to a lively and interesting debate.

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