Original title: Beijing’s first “Notice of Declaration of Joint Property of Husband and Wife” issued
Workers’ Daily-China Industry Net reporter Lu Yue
On January 3, 2023, the People’s Court of Chaoyang District, Beijing issued the “Notice of Declaration of Common Property of Husband and Wife” to both parties in a divorce dispute case through the “Cloud Court”. After the implementation, Chaoyang Court issued the first “Marital Property Declaration Notice of Husband and Wife” to the parties concerned.
In the case of Ms. Chen v. Mr. Liu over divorce disputes, Ms. Chen said that the two parties had disagreements after marriage and often quarreled over trivial matters. Mr. Liu had been drinking for a long time and had a violent personality. Ms. Chen was often verbally insulted and domestically abused due to family trivial matters. Mr. Liu is divorced. At the same time, Ms. Chen also requested the court to rule that the legitimate child should be brought up by herself, and that Mr. Liu should pay compensation for mental damage and economic compensation for divorce totaling 150,000 yuan.
In order to equally protect the legal rights of the parties to the divorce proceedings, prevent and curb the behavior of the parties to the divorce proceedings from hiding and transferring the joint property of the husband and wife, the Chaoyang Court, in accordance with the Civil Code of the People’s Republic of China, the Law of the People’s Republic of China on the Protection of Women’s Rights and Interests, and the Civil Procedure Law of the People’s Republic of China According to relevant laws and regulations such as the Law of the People’s Republic of China, the “Common Property Declaration Notification of Husband and Wife” is issued to both parties. The first “Marital Property Declaration Notice of Husband and Wife” issued later.
According to the newly revised “Law of the People’s Republic of China on the Protection of Women’s Rights and Interests”, the second paragraph of Article 67 stipulates: “During the divorce proceedings, both husband and wife have the obligation to declare to the people’s court all the joint property of the husband and wife. One party conceals, transfers, sells, In the case of destroying or squandering the joint property of the husband and wife, or forging joint debts of the husband and wife in an attempt to occupy the property of the other party, when the joint property of the husband and wife is divided in divorce, the other party may share less or no property.” “is an important measure implemented in accordance with this new regulation, which helps to solve the long-standing problem of finding out the joint property of husband and wife in divorce proceedings. At the same time, it also means that the declaration of joint property between husband and wife will officially become an important part of divorce dispute cases.
This time, in order to fully implement the “Law of the People’s Republic of China on the Protection of Women’s Rights and Interests”, the Chaoyang Court delivered the “Notice of Declaration of Common Property of Husband and Wife” and ” Joint Property Declaration Form of Husband and Wife clearly informs the parties of the relevant requirements, rights and obligations, and the legal consequences of not truthfully declaring. This initiative will help the people’s court to verify the property status of the parties in a timely manner, facilitate the fair and efficient handling of the division of joint property between husband and wife in divorce cases, and also help to promote honest litigation by the parties.