Original Title: The Benchmarking Significance of the First Marital Marriage Declaration Order
On January 1, the People’s Court of Hengyang County issued the “Community Property Declaration Order of the Parties in a Divorce Case” to both parties in a divorce dispute case. This is China’s first “marital property declaration order” after the newly revised “Law of the People’s Republic of China on the Protection of Women’s Rights and Interests” came into effect.
The property acquired by both husband and wife during the existence of the marriage relationship shall belong to the joint property of husband and wife. During the duration of the relationship, husband and wife have equal ownership of the income, regardless of whether it belongs to both parties or one party. At the time of divorce, according to the provisions of the Civil Code, the joint property of the husband and wife shall be handled by agreement between the two parties; if it cannot be negotiated or the negotiation fails, the court shall divide it according to the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman and the party without fault; Neither party can deprive the other of the right to acquire what is due to it. However, in many divorce cases in the past, it was very common for one party to conceal the joint property of the husband and wife, which made it difficult for the court to conduct property investigations smoothly, and the legal rights of the parties could not be effectively protected.
The People’s Court of Hengyang County issued the “Community Property Declaration Order of the Parties to the Divorce Case” to both parties in the divorce dispute case, which is of symbolic value. 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…” Hengyang County People’s Court issued The “Common Property Declaration Order of Husband and Wife” is a specific innovative measure introduced according to this new regulation, which effectively solves a long-standing problem in the judicial practice of divorce proceedings. At the same time, it also means that property declaration will officially become an important part of divorce dispute cases.
When the People’s Court of Hengyang County issued a “declaration order” to the parties, a series of legal documents such as the “property declaration form” and “commitment letter” were attached to clearly inform the parties of the relevant requirements for filling in the report, their rights and obligations, and the legal consequences of not reporting truthfully. The parties reported truthfully.
The implementation of the couple’s joint property declaration system will help the court to verify the property status of the parties involved in divorce disputes, and ensure that the issue of husband and wife’s joint property division in divorce cases is handled fairly in accordance with the law. The formal implementation of the joint property declaration system for husband and wife will undoubtedly help the court to find out the facts of the case, save judicial resources, improve the efficiency of case trials, and demonstrate the people-oriented sentiment of the law. (Hu Jianbing）