New Chinese Marriage Law Protects Men’s Assets, Angers Women

A man and woman fight over a house in a new interpretation of China's Marriage Law.

From PCbaby:

Marriage Law’s latest judicial interpretation controversy, accused of favoring the already advantaged

Guide: “Whoever paid the down payment is whoever the house should belong to following a divorce”, “The other party has shall have no right to divide up a house purchased and given by one’s parents following marriage”… The publishing of the Supreme People’s Court’s judicial interpretation of the latest Marriage Law immediately ignited fierce arguments between men and women online. Many netizens believe the new Marriage law is “good news” for men, protecting their advantageous position in a marriage, and damaging the interests of the weaker party.

The new Marriage Law that “encourages completely ‘going Dutch‘” has also been made fun as “delighting real estate developers and pissing off mother-in-laws”. However, there are also netizens who believe that the new interpretation of the Marriage Law may change young people’s ideas on how to choose partners, going from preferring “wealthy second generation” [children of wealthy parents] to preferring mutually compatible “people with future potential”.

Oppose:

“Favors” men, protects the more powerful party

“How can the new Marriage Law be this harsh towards women? The male chauvinism is too serious!” Netizen Chen Di expressed her view through her microblog, and the number of netizens who shared her opinion were not the minority, with many female netizens believing “this sweeps aside the last obstacle against men being unfaithful” and “will cause the divorce rate to go up”. Netizen “Ling Mei” says: “I’ve always believe that there are more unfaithful men than women who cheat men out of their assets, and women devote more than men in the family. (The new Marriage Law) might as well add another article: Whoever the house belongs to is whoever should clean it!” Netizen “寞 香” was even more realistic and blunt: “What woman who doesn’t already have a house will now dare to give birth to a child? After giving birth, if the man cheats on her, wouldn’t she end up sleeping in the streets with her child!” The new Marriage Law has not only enraged women, some male netizens have also expressed “a lot of pressure”. Netizen Yuan Datuo believes: The new Marriage Law may actually lead to — if the house isn’t put under the woman’s name, the woman will refuse to get married, and as a result the man must pay an even higher price for marriage. “If you look at it from the other side, if the parents-in-law buy a house, then the son-in-law also won’t have a stake/claim, right?”

Approve:

Fights marriages by fraud [deceiving someone into marriage], encourages independence

In comparison to the swelling voices of condemnation, some supporting viewpoints believe the new Marriage Law strongly combats the phenomenon of “deceiving someone into marriage” [for their assets], and at the same time also gives the young men of ordinary families a chance to compete with the “wealthy second generation” [children of rich parents]. Netizen LuvJen expressed: “Isn’t the new Marriage Law a good thing? The man paying money to buy the house while the woman gets to marry and then sit idly enjoying the fruits of his labors was always unfair. Is marriage just for obtaining a house?” Netizen “小之与麦田” was very satisfied: For those of us poor and blank youth, this is a good policy. “索男型birt号” says: “If the New Marriage Law can curb the twisted ‘finding a sugar daddy/gold-digging’ view of love, I think it’s good!” There were also female netizens who expressed that the new Marriage Law lets women see clearly that “men are unreliable, one can only rely on oneself”, and “Women of the new age definitely should be able to buy houses by themselves, buy cars by themselves, and become more and more independent and strong.

Jokes:

Delights real estate developers, pisses off mother-in-laws

Some more neutral netizens seemed to be rather pessimistic/cynical, believing that men and women don’t mind believing the worst of each other in fights these days.

“When people are so calculating both before and after marriage, is there still any point to marriage at all?” This reporter discovered that most of the dispute over the new Marriage Law still revolved around “the house” and, because of this, many people believe this is good news for real estate developers, as there will be even more single people willing to buy houses. One female netizen sighed that she’s pregnant and now no matter whether she gives birth to a boy or a girl, they [as parents] will still have to prepare to buy another house [for their child].”

A house and wedding ring rest on a scale.

"The house dad and mom buy their son, the daughter-in-law has no part (claim to)."

Comments from Tianya:

马甲青青百合:

That’s why I say the balance has been upset. For thousands of years, the men contribute more financially while the women have children who take the father’s surname.
Now the law uses the attitude of upholding justice to announce the women that the man doesn’t have to contribute more financially and even what he does will always remain his. What more, all of the rights to the house are always given to the man (I’m talking about ordinary circumstances, so don’t tell me how women can also make money and buy houses).
Which is to say, what men were originally supposed to provide in a marriage they can now perfectly legitimately not provide.
But the contributions of women must be contributed as before. You want to change that Then you go work hard on your own, go consult on your own, because the law is definitely not going to put women first. The discrimination is too obvious.

Let me reiterate, if the finances/assets are split too clearly, it will only upset the balance. No one is stupid, no one is willing to contribute [to a marriage] for nothing.

那一抹陌上的尘:

Feelings are the most important factor in a marriage, not a house or anything else…

蝶舞仙草20070731:

This new judicial interpretation is what those brainless old government officials do when they have so much time on their hands that their balls ache to dick with the rabble. Are you guys the ones who have nothing better to do every day than to keep your eyes on them? So now they throw this kind of 2B regulation at you guys. Go ahead and argue against each other……… Whoever believes is also a 2B………

马甲青青百合:

Just looking at the number of women in China’s highest levels of government
you will now that things can never be equal. It [government] is a man’s game.
It would be ridiculous to expect the things drafted by men to be equal/fair, were there any women in the drafting process for this marriage law?
In all my years, I know I have the citizen’s right to vote, but do I have the opportunity to vote?
Don’t talk to me about whatever “people’s representative”, have I ever agreed to have him represent me?
The country’s government is all appointed, not elected. They make the rules of the game for themselves to play, without being embarrassed at all.

丁超1998:

So just why are we getting married for?

张打醋1:

The new Marriage Law is simply taking another step towards realizing the basic concepts of “male and female equality” and private property, and the poor Chinese women who have gotten used to depending on men are already unable to bear it [thus complaining].

abc1235188:

Why is this policy being issued now? Of those who made this law, which one of them doesn’t have several houses? They are simply protecting their own assets from being split away by outsiders (daughters-in-law and sons-in-law) and this is the simple truth.

饭煮糊了:

It really isn’t necessary to argue back and forth like this, so tiring.
If women don’t like it, you really can just not get married. Instead, make a living, buy a house, and buy a car by yourselves. When you want to have children, you can even use donated sperm, have the child and have it take your own surname with no arguments. Why do you have to get married? If you have feelings, can’t you just cohabitate? After marriage, women have to take on a lot of duties, such as supporting her husband, raising her children, and being filial to her parents-in-law. All you get is the title of being Mrs. So and So.
The women who willingly devote themselves to their families, willingly give up and invest themselves into their families, if you find yourselves homeless on the streets later, it too isn’t forced upon you by men, okay? It was your own choice, you can’t blame men.
So, the law has its regulations, and women have their choice.

第三账号:

What’s wrong with China’s women, where even having a child is a bargaining chip in the transaction with men. Truly very sad.

yzsss2010:

Hahaha…the more I think about it, the more ridiculous this is… Truly a national joke…

In my opinion, hard times are upon men. Have children but can’t watch them go uncared for, so go take care of them yourselves. Housework must have someone to do them, so go learn how to do them yourselves. What is even more frightening is that one’s parents have to have someone to take care of them in their old age, so go take care of them yourselves…because it is difficult enough for women to survive in an environment where they have neither guarantees nor sense of security. Freely accommodating you by giving you a child is enough of a contribution, there’s no reason to force her to bear the these other burdens, right?

It looks like a law protecting male citizens, but actually it is pushing us male comrades into the abyss. Truly it is too damaging and sinister…

The age of the national joke is upon us…truly TM something a bunch of pig-brains thought up.
╭︿︿︿╮
{/ o o /}
( (oo) ) Idea!!!!
︶ ︶︶

装死的小强:

If you guys truly love each other, would you really be afraid of the Marriage Law not being fair? Would you still care about what surname the child takes or who contributes more? If your feelings aren’t deep enough, why are you getting married at all? Isn’t that just being irresponsible to yourself?

A home ownership certificate separates a man and woman from marriage.

Man: "The house is something my old mother gave me, there's nothing I can do either..." Woman: "Without my name on the home ownership certificate, whether I should marry you or not is something that is very difficult for me to decide."

From Liba:

With the release of the new Marriage Law, I want to get married even less. On what basis are women supposed to provide children for men??? On what basis? On what basis?!

Right now it isn’t even really about the house. After all, who doesn’t have a house these days anyway? My own family can’t even keep up with all the rent we collect from our house. Still, I’m angry. So women can have children for men and when the men don’t want them anymore, they still have the right to visit them and in fact I can’t even refuse to let them visit, but on what basis [for what reason] is the divorced woman not entitled to splitting up the house? So women are supposed to endure 10 months of hardship, are supposed to be dumped by men, and are supposed to let men find xiaosan?? And in the end when he’s old, has had enough fun with women, and now wants a child, the child I worked hard to raise up has no choice but to acknowledge him [as father], has no choice but to be filial [to him]? I’d have to be insane/stupid! I genuinely don’t want to get married anymore, nor do I want to have children…

Comments from Liba::

oliver1121:

If it is a woman who doesn’t have a house and has been married 10 years and more, then it is indeed too unfair.
Especially if the man is unfaithful and is the party at fault.
Although the woman doesn’t put in any money when buying the house,
she has provided the family with her her youth.
If 10 years later the man has an affair
and like that no longer wants the woman
causing her to lose both her youth and money [lose everything],
that’s really bleak [for her].

saka:

Resign yourselves to it. If a man is good to you, he’ll think of a way to give you security.

nickel2004:

If you don’t want to have a child, then don’t. Making it out as if having a child is only for others~
If it really gets to the point of divorce, just how much security is half a house going to provide anyway?
It’s not like in really rich households, why make such a big deal over small [ordinary] households, this is too much to bear~

lazycat625:

Why is marriage in so many people’s eyes like a transaction, whether they are losing out, whether it is worth it, whether there is security/a guarantee…?
Is the foundation of marriage not the feelings [between two people]? I really don’t understand it…

8888lulu:

I wonder if the person who wrote this law is an idiot.

They obviously did not consider at all that women generally give more of their blood and sweat in a marriage than men, what with there not being any regulations for compensating [the women in the event of divorce].

What is even more deplorable is that there are even some women who support it. CN. There’s nothing for me to say anymore. Everyone remember, it isn’t enough to have your eyes open [clear] before getting married. People change. If we don’t depend on the law and only depend on morality, just how many people are actually that dependable!?

abcd_dcba:

LZ, don’t be so worked up, this just shows that people have to be a little more careful and a little more sensible before getting married in the future. If you really have no confidence [in the other person], then don’t get married and don’t have children. Besides, there are plenty of independent women and DINKs [Double Income No Kids] these days. everyone has their own way of living.

msp:

The marriage laws in other countries all protect the women, where the majority of the assets are given to the women in divorces.

I don’t know what logic China’s marriage law is based on, as it clearly discriminates in favor of men.

Rommel:

There’s no need for so much discussion as it is already law now. All of you women who are worried and resentful of this had better act fast. Those who haven’t yet married or are about to get married better hurry plead and insist on having your name added [to property ownership documents]. Those of you who are already married better quickly think of a way to have the man and his parents’ names removed. Those of you who don’t yet have children better hurry and threaten to not have children, while those of you who have already had children will just have to deal.

小西西大西西:

I don’t get it. If we’re going to be so clear about pre-marriage property and assets, why not also bring [our laws governing] infidelity in marriage or divorce in line with foreign standards by giving us alimony! Are all of men who drew up and enacted this law keeping mistresses?

GiCs–Oasis:

Only when the laws are perfected will people not worry about these things before marriage.
When the laws are not perfect, people will necessarily be forced to protect their own interests before marriage, regardless of whether they are men or women.

What do you think? Do you agree or disagree with China’s marriage law? What would be the ideal way to protect both the man and woman’s interests in a divorce?

There are pages upon pages of Chinese netizen discussion and arguments all over the Chinese internet, for example on Mop and Sina if you want to see more.

People arguing online sitting on a split house.

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  1. I kind of agree this is good for the independence of women in long run. But before that happens, the society must provide a chance , a favorable condition for women’s independence, such as legal maternal leave, equal job opportunities. And if a woman rejects her boss’s sexual move, she wouldn’t worry it might risk her job….not to mention in rurual area, even for some in the city, women don’t have the right to inherit their parents’ house. I know the law says they do. But the tradition is that once they are married, they are not a member of their parents’ family/community any more. If they are deprived of the right of their husband’s house, when their husbands throw them out, they are not welcomed in their father’s home, where can these women go? Just for you know, there isn’t such a thing as women’s shelter for women abused by their husband here either.

  2. I think it’s a good law. 38%, yes ONLY 38% of Chinese women would consider having a “naked marriage”, and I think this law will improve that score. No more can women demand a man have a house and car before they marry them, as it will never be theirs. I think this law will help destroy the gold digger mentality of the majority, 62%, of Chinese women. Serves them right.

    • Wouldn’t a guy favor a girl with a house too if he doesn’t have a house of his own? Why wouldn’t girls consider “naked marriage”? In this country, no life quality if you don’t have a house of your own. You have no “hu kou”, no decent school will admit your kid. No law to protect those who rent. The landlord can throw you out any time.
      It’s not about Chinese girls’ gold digger mentality. It’s about the home price that has never stopped rising. The panic, the lack of security…If you don’t have it now, you may never have it forever….or perhaps a girl’s natural instinct to have a home of their own. And in this country, it’s not home of your own unless you actually own it.
      I don’t think it’s fair to call those women who only want a humble home of their own gold digger. For God’s sake, it’s just an apartment and not every man is wendy deng’s husband. And many men are in debt for that apartment. Many women need to pay the mortgage with the man after they get married. If they don’t end up divorce, the woman wouldn’t take anything from the man, but only give. They cook, clean and make the apartment a real home. A person who makes a home should have the same right to the house as the person who bought the home.
      I know women should be independent, strong, powerful like men. But for some women, they only want to go the traditional way and be a good wife and mother. Why does the country have to take away their dream? Is it every man’s wish that all the girls become career oriented, that a couple share the housework and babycare and eat takeout food?
      It’s not likely a woman marries a man for half of the apartment and she still can get it. I have never heard any woman who married a man with that intent and can actually get what she intended! Men are not that stupid. Isn’t that Americans have a system to avoid people marrying a foreigner just to get a green card too?
      If a man with an apartment doesn’t want half of his asset taken away for the possible divorce, he can always get a prenup. Without a prenup, a man/woman should share everything he/she has with his/her spouse, instead of the opposite—- get a prenup if you want to share. All my worldly belongings, I share with thee. Isn’t that what marriage is about?

      • All my worldly belongings, I share with thee. Isn’t that what marriage is about?

        Not without emotion or spirit it isn’t. Worldly oriented only? Look at Eastern concepts of rebirth then think past (even future) lives and even dimensions.

        1/6th of the ’1 life only’ world, the Monotheists (the other 5/6 being Africans, Indians and Chinese), need to rethink REALITY. Marriage may not be everything, finding out who you were and might be, including your former spouse could be the truth of reality.

        Now where does that leave ‘worldly belongings’ ? The world doesn’t belong to anyone, but the idiots who accept the system as it is instead of challenging it so that they may find themselves, will achieve nothing they can bring with them.

        • If you have to keep receipts in a marriage, use a lie detector in a divorce case, calculate who should pay the mortgage, who should cover kid’s education fee, that’s not a marriage. Even children do better than that. When they play together, they share their toys. When marriage still exists, a marriage law shouldn’t deny the meaning of marriage and turn marriage into a cold contract by doing what a prenup should do. After all, despite the high rate of divorce, most people don’t get married in preparation for divorce. But if you do, esp. for those who always want the new ones and the younger ones and want to get rid of the old ones as easily as possible, get a prenup to protect your assets and see if you can still hook up with some young and pretty.
          As for those who don’t think marriage is important, prefer to spend your life seeking yourself or your past/after life, those who want to challenge the system, I admire your courage and respect your choice. But plz respect other “old-fashioned” people who still want a family, kid and peace of life.
          One more point, I don’t think this law will make any positive changes in society like lower the housing price or make Chinese women more independent. It will only cause mistrust between couples, perhaps break a few familes, suppose one party feels the pressure and asks their names added but gets rejected. The only party that benefits from this mess will be our dear party—the goverment, again. They have already started to charge tax on that add-name thing.

  3. fucking ZF! fucking your ass!ZF 真他妈不要脸!

  4. Since there more men in China, this law make sense. But this will spark Chinese women to go overseas to seek foreign husbands. China should build more sexdolls.

  5. Here is an interesting article relating to our topic….

    “Marry for love, not money, China tells its army of gold-digging brides”

    http://www.theprovince.com/life/Marry+love+money+China+tells+army+gold+digging+brides/5285783/story.html

  6. If I had never come to China and met the women in China, I would be completely
    against this law but I have lived in China for such a long time I have no
    problem with this law at all. Hopefully this will stop golddiggers.

  7. What you and much of this discussion misses is that the Western-style stay-at-home moms/housewives are rare in China, only 5-10%, tops of the most wealthy women do so.

    Childcare mostly is provided by grandparents and, for the middle classes, ayis.

    That said, most white-collar women happily accept a “mommy track” with lesser pay, even though their child does not live with her, but at school or with its grandparents, so she doesn’t work as hard, and because the family primarily uses the man’s income; her salary is her shoe and purse fund. Previously income was divided into “hers” and “ours”.

    Maybe now more white-collar Chinese women will demand equal opportunity and equal pay, since they need to earn their ways professionally, not via dowry.

    • It’s true western stay-at-home housewives are rare here in terms of the percentage in the whole country. But China is a big country with reginional differences. In the south and east coast, more and more women of middle class family have become housewives. ( I would include those small business owners middle class.) Besides, there are many women who have to take less important jobs or give up opportunity for promotion because of childcare….It’s a law. It should take into account the interest of different people. It should not go as simple as whoever has the title to the house owns the house….
      I sympathize those who might lose half of their asset to a golddigger. But what they might lose is not comparable to a homemaker, a mother who has given her life to her family, who has done nothing wrong might end up homeless.
      It’s the same case with men too. I have a rich friend who married a younger and goodlooking guy. The guy has been her driver, housekeeper, nanny, errand boy for 4 years. He has been a good father too. But now I hear the woman complain a lot because the man has put on weight. She is having an affair with another man and thinking to get rid of him. What the man can get now (child custody or money for basic living) is totally up to the rich woman’s generosity because by law she doesn’t owe him anything.

  8. What you and much of this discussion misses is that the Western-style stay-at-home moms/housewives are rare in China, only 5-10%, tops of the most wealthy women do so.

    Childcare mostly is provided by grandparents and, for the middle classes, ayis.

    That said, most white-collar women happily accept a “mommy track” with lesser pay, even though their child does not live with her, but at school or with its grandparents, so she doesn’t work as hard, and because the family primarily uses the man’s income; her salary is her shoe and purse fund. Previously income was divided into “hers” and “ours”.

    Maybe now more white-collar Chinese women will demand equal opportunity and equal pay, since they need to earn their ways professionally, not via dowry.

    Ultimately this will most effect poor, young women marrying richer, older guys. And those are never good situations, no matter how the law slices it.

    • “only 5-10%, tops of the most wealthy women do so.”

      So, 5-10% of the top wealthy women in China are stay at home moms?

      Wow, being a stay at home mom sure does pay well.

      Do stay at home dads get the same pay rate? I’m game.

      Or do you mean wealthy households, because that is a completely different matter.

  9. I am the Chinese lady. I got married at 2001. The first 3 years of marriage, we couldn’t afford the down payment , we just rent an small apartment and live with parent in law. My husband have similar income with me. my father in law also have his retirement pension. all my husband ‘s income and my father in law’s income goes to my mother in law to saved for down payment, my salary most of them are used for living expense and pay the rent. At the fourth year, we plan to buy an apartment. At the day of signing the contract, my daughter got sick and I have to send her to hospital. so it’s just my father in law and my husband go to the real estate office to sign all the paper work. My husband are the only name on that apartment. I had thought this apartment are bought after the marriage and it should belong to family , even someday we got divorced, I am still own half of it, it doesn’t matter whether to have my name on it or not. so I continued to use my salary to support whole family living expense and rent. my husband’s salary all goes to pay mortgage. we finally paid off the mortgage at the ninth year. at that moment, we all feel released. No more mortgage at all, we all think about we will have happy life in the future. But for some reason, after ten years of marriage, we argued a lot and our relationship didn’t get along well just like before. we think it’s a time to find new life, my husband even find his new lover already. when we are discussing the divorce, my husband told me, this apartment are the gift from his parent and belong to himself since this apartment have his own name only. And he even goes to some official office to get notaried document to showing this apartment was a gift from his parent. He told the officer that the downpayment of this apartment was come from his mother and all the mortgage was paid by his father, so this apartment was a gift from parent. According to Chinese new marriage law, I don’t own half of this house. I argue to the officer that even my salary didn’t used for to pay mortgage, but used for pay all the gorcery and kid’s education, but officer ask me to supply evidence, I just collect most recent year’s gorcery receipt, and kid’s tuition fee. but officer told me if I want to claim to contribute same to the family, I need to supply the 12 years daycare fee and rent and all the gorcery receipt. My god, I couldn’t supply all of this. So the divorced officer only ask my husband pay me 5000 Chinese yuan when divorced. Because I don’t have a place to live and my own salary can’t give my daughter a good life, that’s why he ask all the custody of child, and I need to pay him some amount of money for my children’s support . I can choose to pay one time or pay monthly. Frankly to say, My husband let me go myself without a penny and I still own him a lot of money each month till my daughter reach to 18 year old. what a shit Chinese man and Chinese new law

  10. I am the Chinese lady. I got married at 2001. The first 3 years of marriage, we couldn’t afford the down payment , we just rent an small apartment and live with parent in law. My husband have similar income with me. my father in law also have his retirement pension. all my husband ‘s income and my father in law’s income goes to my mother in law to saved for down payment, my salary most of them are used for living expense and pay the rent. At the fourth year, we plan to buy an apartment. At the day of signing the contract, my daughter got sick and I have to send her to hospital. so it’s just my father in law and my husband go to the real estate office to sign all the paper work. My husband are the only name on that apartment. I had thought this apartment are bought after the marriage and it should belong to family , even someday we got divorced, I am still own half of it, it doesn’t matter whether to have my name on it or not. so I continued to use my salary to support whole family living expense and rent. my husband’s salary all goes to pay mortgage. we finally paid off the mortgage at the ninth year. at that moment, we all feel released. No more mortgage at all, we all think about we will have happy life in the future. But for some reason, after ten years of marriage, we argued a lot and our relationship didn’t get along well just like before. we think it’s a time to find new life, my husband even find his new lover already. when we are discussing the divorce, my husband told me, this apartment are the gift from his parent and belong to himself since this apartment have his own name only. And he even goes to some official office to get notaried document to showing this apartment was a gift from his parent. He told the officer that the downpayment of this apartment was come from his mother and all the mortgage was paid by his father, so this apartment was a gift from parent. According to Chinese new marriage law, I don’t own half of this house. I argue to the officer that even my salary didn’t used for to pay mortgage, but used for pay all the gorcery and kid’s education, but officer ask me to supply evidence, I just collect most recent year’s gorcery receipt, and kid’s tuition fee. but officer told me if I want to claim to contribute same to the family, I need to supply the 12 years daycare fee and rent and all the gorcery receipt. My god, I couldn’t supply all of this. So the divorced officer only ask my husband pay me 5000 Chinese yuan when divorced. Because I don’t have a place to live and my own salary can’t give my daughter a good life, that’s why he ask all the custody of child, and I need to pay him some amount of money for my children’s support . I can choose to pay one time or pay monthly. Frankly to say, My husband let me go myself without a penny and I still own him a lot of money each month till my daughter reach to 18 year old. what a shit Chinese man and Chinese new law‘s loophole to kick me out.

    • a. He told the officer that the downpayment of this apartment was come from his mother and all the mortgage was paid by his father, so this apartment was a gift from parent. According to Chinese new marriage law, I don’t own half of this house.

      This is fair.

      b. I argue to the officer that even my salary didn’t used for to pay mortgage, but used for pay all the gorcery and kid’s education, but officer ask me to supply evidence, I just collect most recent year’s gorcery receipt, and kid’s tuition fee.

      Maybe a lie detector could be used. Receipts or a testimonial by the local grocer consulted to double check cannot confirm if you did spend your own money. There is no way that could be confirmed it was your or his money spent unless the lie detector (or neurotech EEG detector) is used. This needs to be highlighted and amended, maybe cited in case studies to set legal precedents.

      c. Because I don’t have a place to live and my own salary can’t give my daughter a good life, that’s why he ask all the custody of child,

      This is fair.

      d. ;and I need to pay him some amount of money for my children’s support .

      This is not fair, payment limits for support of child should be based on the a flat percentage of earning based on what you and your ex-husband earn. This needs to be amended to be fair.

      What you can afford is a REASONABLE percentage of your earnings that does not compromise your savings or quality of life. If you happen to not be working, you cannot be asked to pay as well. If you quit to not pay and this is proven, at most you can only be fined a flat portion of your assets, whatever those are and be required to pay the instance you start working again.

      These are the loopholes in the new amendment, therefo9re the marriage laws must upgrade themselves according to these new facts. This situations fortunately point out where it can be improved. China’s Judiciary needs really pay attention to ensure that jsx gets justice and make further amendments.

      • Most importantly, which parent does your daughter want to stay with? Or does she prefer shared custody? Or does she change her mind from day to day so that in order not to frustrate or upset her, some travelling to and from eitheer parents’ homes is needed? The happiness of the child needs to be considered most.

        There can be no absolute time schedules in such things otherwise miscarriage of justice occurs, unhappy co-workers and later general citizens result, society falls apart, and Goddess Dian Mu (電母) throws a lightning bolt or the Tripodal Toad (三腿蜮) breaks wind (and a quake) at the city that raised so much ruckus.

  11. Is this a true story? I thought even according to this “shit law”, if the mortgage is paid after marriage, it doesn’t matter who paid the mortgage who paid other stuff in the family, that part of the apartment should be split at least. But in your case, you had to show the receipt to prove you had paid stuff? Who keeps receipt of groceries anyway? Thank God you had a job and paid some stuff. What about those stay-at-homes who never paid anything? If this is true, I think you should post your story on more Chinese sites and let people know about it. For what’s worth, let this be a lesson for other women. Take precautions and protect themselves. Let’s say start with keeping receipts for every penny that’s been paid out of your own pocket.LOL. Btw, it’s shit man not shit Chinese man. Plz don’t generalize all the Chinese men because of your bad luck with man.

    • a. it doesn’t matter who paid the mortgage who paid other stuff in the family, that part of the apartment should be split at least.

      False. It does matter. What if that home is a massive mansion worth millions? That’s what was being addressed by the amendment. Don’t be dishonest @cc.

      b. Who keeps receipt of groceries anyway?

      True. Use the lie detector or neurotech implants they put in people the psychiatric establishment consider insane. Any justice or reparations for the wrongly accused and the perpetrators of the wrongful operations though? Let the Devil take them if the judiciary doesn’t.

      c. Let’s say start with keeping receipts for every penny that’s been paid out of your own pocket. LOL

      Won’t work. The spouse could say they gave the money for the groceries. Use the lie detector and neurotech EEG method.

      d. Btw, it’s shit man not shit Chinese man. Plz don’t generalize all the Chinese men because of your bad luck with man.

      If you’re a man, glad you said this. If you’re a woman posing as a man, as I believe might be, given the impossibly unfair remonstration against Point a. and the neglect for reasoning behind the amendment above, then you’re being biased towards your own gender and unjustly so at the expense of men.

      • 1 You presume that I might be a woman because” the neglect of reasoning” of my argument? For you, women=lack of reasoning? And you call me baised!I hope your next statement would be: women=weak. Plz make a law to protect the weak and the lack of reasoning, the poor little women then, you strong,smart, full of reason, men!
        2 You presume that I’m a woman because I post in favor of women at the expense of men? There’s a man named Luqi who wrote an article in his blog to give the new law the finger.It’s that blog that sparked heated discussions. Many feminists are men too. What are you gonna say about that?
        3 On what grounds you think I’m posting as man? Wouldn’t it contradict with your statement of “neglect of reasoning”? Or is it only because I defended agaist the “shit Chinese man” bit in last post? Does it seem impossible to you that a woman may speak for Chinese man or even like them(if they don’t have a house). I can only say if you are chinese man, this suggest the lack of security about yourself.

        4 It has nothing to do with my gender. In fact, the law is not about man and woman. It’s about people who have an apartment and people we don’t. Unfortunately, more men than women have apartments.Think about it. Why? And why most Chinese parents buy apartment for their son and not for their daughter? As much as I hate generalizing, but for those “Chinese men” whose apartments have been bought by their parents, split it with your sisters if not with your wife! Or give it back to your parents! Or under their name. Don’t ask the law to protect you.
        5 It’s not about those super rich people who has mansions as you mentioned. It has never been their problem and you are worried about they might be exploited by a gold digger without the law? These people are always lawyered up. Usually a gold digger gets what she deserves and the rich man got his money’s worth. (Think about the hongkong movie star and her three illegitimate sons with the billioniare. No one has heard of her or him complain. It’s a winwin.)

  12. Put aside those sponges whose apartments are bought by parents and those super rich ones, when the law comes to average family, what are the worst that might happen? Some people get bad luck with man/woman, and have a problem of getting rid of them; Some innocent people in marriage who have done nothing wrong get kicked out in the street. If the law can’t be fair to anyone, it should gurantee the bottom line, take the less of the evils.

  13. If you have to keep receipts in a marriage, use a lie detector in a divorce case, calculate who should pay the mortgage, who should cover kid’s education fee, that’s not a marriage. Even children do better than that. When they play together, they share their toys. When marriage still exists, a marriage law shouldn’t deny the meaning of marriage and turn marriage into a cold contract by doing what a prenup should do. After all, despite the high rate of divorce, most people don’t get married in preparation for divorce. But if you do, esp. for those who always want the new ones and the younger ones and want to get rid of the old ones as easily as possible, get a prenup to protect your assets and see if you can still hook up with some young and pretty.
    As for those who don’t think marriage is important, prefer to spend your life seeking yourself or your past/after life, those who want to challenge the system, I admire your courage and respect your choice. But plz respect other “old-fashioned” people who still want a family, kid and peace of life.
    One more point, I don’t think this law will make any positive changes in society like lower the housing price or make Chinese women more independent. It will only cause mistrust between couples, perhaps break a few familes, suppose one party feels the pressure and asks their names added but gets rejected. The only party that benefits from this mess will be our dear party—the goverment, again. They have already started to charge tax on that add-name thing.

    • As for those who don’t think marriage is important, prefer to spend your life seeking yourself or your past/after life, those who want to challenge the system, I admire your courage and respect your choice. But plz respect other “old-fashioned” people who still want a family, kid and peace of life.

      You’re a pro-status quo, pro-establishment poster posing as a disingenuous feminist?

      ” , those who want to challenge the system, ” DO NOT necessarily disrespect other “old-fashioned” people who still want a family, kid and peace of life . . . it’s NOT either/or but shades of both. Read below link and stop polluting the subconscious of the unwary readers.

      http://dont-tread-on.me/hegelian-dialectic/

      • Pro love and marriage equals pro status quo/establishment? First time I’ve heard femists are agaist marriage. When people challenge the system, why not start with, say political. It concerns people with power right? But it’s always safe to bully women, victimize them. Don’t forget this is a nation that used to bind women’s feet, cripple them both body and mind, blame them for whatever mistakes that men did, abort baby girls, exploit their daughers to buy their son’s house (most cases in rurual area), treat women as commodity, divorced women as used goods, now they suddenly realize what they need to do is jut stop paying.

        • ” Pro love and marriage equals pro status quo/establishment? First time I’ve heard femists are agaist marriage. ”

          Who made this statement? Not me. Don’t put words into people’s mouths, then rant as if to pin it on the person you are debating with. This doesn’t count as ethical debating, amounts to mere abuse of the lines of communication. Not so few feminists btw ARE actually against marriage.

          • You’re a pro-status quo, pro-establishment poster posing as a disingenuous feminist?

            So far, I’ve only posted for marriage, not pre-status quo.
            Then you came up with “You’re a pro-status quo, pro-establishment poster posing as a disingenuous feminist?”
            Even though some stream of feminists are against marriage, that doesn’t mean being a feminist, you have to be against it too.

  14. I find this house thing in China rather amusing. In the USA the house belongs to both persons and as such they both have a monetary interest in it, At a divorce it is either sold and the money divided or one person gets it as part of an equitable settlement. But then rarely do you find one persons parents buying part or all of the home for them as a present. Housing prices here are notas nearly inflated as they are there either.

  15. With both parties working this is a good way to protect men. Unlike in the US, where it’s still ok to screw them over.

  16. China is considering revising its marriage law to ensure property bought by individuals before marriage remains the buyer’s sole asset in the event of divorce. The draft proposed in November last year has been welcomed by some experts, however others warn it could spike the national divorce rate.

    Millions of Chinese couples get married every year, but a new draft revision could give couples cold feet about tying the knot.

    The draft bill concerns real estate ownership after divorce, often the cause of intense conflict among divorced couples.

    Currently, if a couple divorces they must share major assets such as property, regardless of whose name the deed is in.

    But if the draft law is passed, the person registered to the property will be entitled to remain its sole owner after a divorce. The other party will be entitled to appropriate financial compensation for his or her mortgage payments.

    Property registered under one person’s name, but purchased by his or her parents, will be considered to belong to that person and not be a common asset of the couple.

    Experts point out that the new draft bill could ease concerns among couples considering marriage who fear that divorce will take away half the property they own before marriage. On the other hand, others worry it could trigger a higher divorce rate because it would make the decision to separate much easier.

  17. women are gold diggers

    All this chinese women who complain that the laws are unfair and biased towards men are PIGS. They don’t want to work hard and buy the house for themselves, think of making money in an easy way by marring men with the intention divorcing him later on so she can acquire 50% of assets. YOU WOMEN ARE LAZY PIGS. You don’t want to stand on your own always want to RELY on men for everything. CHINESE WOMEN GO HANG YOURSELF because you are all useless to CHINAS economy. Don’t talk about how you all contributing to raise children, taking care of the house. YOU WANT TO MARRY RICH MAN so you can make quick money out of him right? CHINESE WOMEN looking to get rich through marriage are pigs should be slaughtered immediately

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