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What materials are required for divorce under the new regulations of the Civil Code in 2022？
Time:2025-08-28 Views:1069
The new regulations of the Civil Code in 2022 have added a specific fixed part for determining divorce and marriage protection for special groups.
The new regulations of the Civil Code in 2022 are mainly grasped from the following aspects
1. Reasons for divorce.
The divorce regulations in 2022 place greater emphasis on determining whether the marital relationship has broken down. One typical example is the situation where the couple has been separated for more than two years. It is not the case that a divorce can be granted just because the couple has been separated for two years. It is only when the couple has been separated for two years due to the breakdown of their marital relationship that a divorce can be granted. Some couples, although separated, have not reached the point of emotional breakdown. In such cases, they will not be granted divorce.
2. The time of divorce.
The time of divorce mainly refers to some special restrictions on the time of divorce.
During the period when the wife is pregnant, within one year after giving birth, or within six months after an abortion, the husband cannot file for divorce.
During pregnancy, within one year after childbirth, and six months after an abortion, women often have little or no economic income during these periods. To ensure the woman's livelihood, the man cannot file for divorce during this period.
For cases where a divorce is not granted in the first instance judgment, one can only file a lawsuit again six months later.
This is a mandatory provision of our country's law. After the first divorce lawsuit is ruled against, the plaintiff can only wait for six months before filing for divorce again.
Note: In the first divorce lawsuit, the defendant does not need to wait for six months. The six-month time limit only applies to the plaintiff.
3. Materials for divorce.
When filing for divorce, the parties involved should prepare some relevant evidence materials.
① Marriage certificate;
② Property proof materials;
③ Basic information of the children;
Where one party is at fault, the other party shall bear the burden of proof.
In divorce proceedings, if one party has a legal fault, the other party may claim damages for divorce.
4. Special groups of people who have divorced.
If the spouse of an active-duty military member requests a divorce, the consent of the military member is required, except where the military member is at a serious fault.
This is a regulation in our country that protects military marriages and is a special case in divorce disputes.
Where one party to a divorce is a person without or with limited capacity for civil conduct, the other party shall fulfill the obligation of marital support. If the marital relationship can no longer be maintained, the court may grant a divorce after arranging for a person without or with limited capacity for civil conduct.
The final reminder from the editor of Faneng Law Firm:
The Marriage and Family Chapter of the 2022 Civil Code has not undergone significant changes compared to previous legal provisions. The main focus is on providing more detailed and specific regulations for litigious marriages, such as the determination of the breakdown of marital relations.
This article is an original piece by Fan Neng Law Firm. Reproduction in any form is prohibited without permission.
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