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PRC Civil Code Part V: Marriage and Family
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Article 1063 The following property shall be deemed as the movables of either party of a couple:(I) The property that belongs to one party before marriage;(II) Compensation or indemnity obtained by one party for a personal injury;(III) The property to be in the possession of one party as determined by a will or by a contract of gift;(IV) One party's daily necessities; and(V) Other property which should be in the possession of one party.第一千零六十三条 下列财产为夫妻一方的个人财产：（一）一方的婚前财产；（二）一方因受到人身损害获得的赔偿或者补偿；（三）遗嘱或者赠与合同中确定只归一方的财产；（四）一方专用的生活用品；（五）其他应当归一方的财产。
Article 1064 Debts incurred jointly by a couple in the form of signatures by the couple, acknowledgement by either spouse after such debt was incurred by the other spouse or other form of expression of their common will, as well as debts incurred by either spouse in his or her own name during the existence of the marriage relationship for the purpose of meeting the needs of the couple's daily family life shall be deemed as joint debts of the couple.Any debt that is incurred by either spouse in his or her own name during the existence of the marriage relationship beyond meeting the needs of the couple's daily family life shall not be deemed as common debt, unless the creditor can prove that such debt is used for the couple's life or common production or operation activities, or is incurred based on expression of the couple's common will.第一千零六十四条 夫妻双方共同签名或者夫妻一方事后追认等共同意思表示所负的债务，以及夫妻一方在婚姻关系存续期间以个人名义为家庭日常生活需要所负的债务，属于夫妻共同债务。
夫妻一方在婚姻关系存续期间以个人名义超出家庭日常生活需要所负的债务，不属于夫妻共同债务；但是，债权人能够证明该债务用于夫妻共同生活、共同生产经营或者基于夫妻双方共同意思表示的除外。
Article 1065 Both the husband and the wife may conclude an agreement that the property acquired by them during the existence of the marriage relationship and the property acquired before marriage shall be in their separate possession or in joint possession with the other party or that part of the property shall be in their separate possession and the other part shall be in their joint possession with the other party. Such an agreement shall be in writing.Where the husband and the wife agree that the property acquired by them during the existence of the marriage relationship shall be in their separate possession, debts contracted by the husband or the wife shall be paid off with the movables of the party of the husband or the wife, if the other party knows that there is such an agreement.第一千零六十五条 男女双方可以约定婚姻关系存续期间所得的财产以及婚前财产归各自所有、共同所有或者部分各自所有、部分共同所有。约定应当采用书面形式。夫妻对婚姻关系存续期间所得的财产约定归各自所有，夫或者妻一方对外所负的债务，相对人知道该约定的，以夫或者妻一方的个人财产清偿。
Article 1066 During the existence of the marriage relationship, either of them may make a request to the people's court for partition of their common property under any of the following circumstances:(I) Where one party commits the acts that seriously harm the interests of common property, such as concealing, assignment ring, selling off, destroying, or squandering common property or forging common debts; or(II) Where one party disagrees with payment of relevant medical costs for a person to whom the other party is legally obliged to maintain, who suffers from a serious disease and needs medical treatment.第一千零六十六条 婚姻关系存续期间，有下列情形之一的，夫妻一方可以向人民法院请求分割共同财产：（一）一方有隐藏、转移、变卖、毁损、挥霍夫妻共同财产或者伪造夫妻共同债务等严重损害夫妻共同财产利益的行为；（二）一方负有法定扶养义务的人患重大疾病需要医治，另一方不同意支付相关医疗费用。
Article 1076 Where both husband and wife intend to get divorced voluntarily, they shall sign a written divorce agreement and shall apply for divorce registration in person to the marriage registration office.The divorce agreement shall set forth both parties' intention of voluntary divorce and consensus on matters of children rearing, property and debt settlement through consultation.第一千零七十六条 夫妻双方自愿离婚的，应当签订书面离婚协议，并亲自到婚姻登记机关申请离婚登记。离婚协议应当载明双方自愿离婚的意思表示和对子女抚养、财产以及债务处理等事项协商一致的意见。
Article 1079 If one party alone desires a divorce, the organization concerned may carry out mediation or the party may directly file a divorce suit in a people's court.In dealing with a divorce case, the people's court should carry out mediation; and divorce shall be granted if mediation fails because mutual affection no longer exists.In any of the following circumstances, divorce shall be granted if mediation fails:(I) Bigamy or cohabitation with another person;(II) With domestic violence, maltreatment or abandonment of family members;(III) With gambling, drug taking and other bad habits, which are not changed after repeated education;(IV) Having separated from each other for two full years due to lack of mutual affection; or(V) Other cases which lead to the alienation of mutual affection.Where one party is declared to be missing and the other party starts divorce proceedings, divorce shall be granted.Where, after the people's court has made a judgment that divorce shall not be granted, both parties live apart for another year and a party files a divorce suit again, divorce shall be granted.第一千零七十九条 夫妻一方要求离婚的，可以直接向人民法院提起离婚诉讼。人民法院审理离婚案件，应当进行调解；如果感情确已破裂，调解无效的，应当准予离婚。有下列情形之一，调解无效的，应当准予离婚：（一）重婚或者与他人同居；（二）实施家庭暴力或者虐待、遗弃家庭成员；（三）有赌博、吸毒等恶习屡教不改；（四）因感情不和分居满二年；（五）其他导致夫妻感情破裂的情形。一方被宣告失踪，另一方提起离婚诉讼的，应当准予离婚。经人民法院判决不准离婚后，双方又分居满一年，一方再次提起离婚诉讼的，应当准予离婚。
Article 1082 A husband may not apply for a divorce when his wife is pregnant, or is within one year after the birth of the child, or within six months after the termination of her gestation, except where the wife applies for a divorce, or where the people's court deems it necessary to accept the divorce application made by the husband.第一千零八十二条 女方在怀孕期间、分娩后一年内或者终止妊娠后六个月内，男方不得提出离婚；但是，女方提出离婚或者人民法院认为确有必要受理男方离婚请求的除外。
Article 1084 After divorce, children under the age of two shall, in principle, be directly put in the custody of their mother. If the Parents of a child who has reached the age of two fail to reach an agreement on the matter of the child's rearing, the people's court shall, in accordance with the actual conditions of both parties and on the principle of benefiting the minor child to the greatest extent, make a judgment. If a child has reached the age of eight, his or her real willingness shall be respected.第一千零八十四条 离婚后，不满两周岁的子女，以由母亲直接抚养为原则。已满两周岁的子女，父母双方对抚养问题协议不成的，由人民法院根据双方的具体情况，按照最有利于未成年子女的原则判决。子女已满八周岁的，应当尊重其真实意愿。
Article 1085 If, after divorce, the children are directly put in the custody of one party, the other party shall bear part or the whole of the cost of maintenance.第一千零八十五条 离婚后，子女由一方直接抚养的，另一方应当负担部分或者全部抚养费。
Article 1086 After divorce, the father or the mother who does not directly bring up the child shall have the right to visit his or her child, and the other party shall have the duty to cooperate.第一千零八十六条 离婚后，不直接抚养子女的父或者母，有探望子女的权利，另一方有协助的义务。
Article 1087 At the time of divorce, the husband and the wife shall seek agreement regarding the disposition of their common property. If they fail to reach an agreement, the people's court shall, on the basis of the actual circumstances of the property and on the principle of taking into consideration the rights and interests of the child, the wife and the innocent party.第一千零八十七条 离婚时，夫妻的共同财产由双方协议处理；协议不成的，由人民法院根据财产的具体情况，按照照顾子女、女方和无过错方权益的原则判决。Article 1089 At the time of divorce, the husband and the wife shall repay their common debts jointly. Where their common property is insufficient to pay the debts or where the property is in their separate possession, the two parties shall discuss alternative ways of payment; if they fail to reach an agreement, the people's court shall make a judgment.
第一千零八十九条 离婚时，夫妻共同债务应当共同偿还。共同财产不足清偿或者财产归各自所有的，由双方协议清偿；协议不成的，由人民法院判决。Article 1091 Where one of the following circumstances leads to divorce, the innocent party shall have the right to claim compensation:(I) Bigamy;(II) Cohabiting with another person;(III) Domestic violence;(IV) Maltreating or abandoning family members; or(V) With any other grave faults.
第一千零九十一条 有下列情形之一，导致离婚的，无过错方有权请求损害赔偿：（一）重婚；（二）与他人同居；（三）实施家庭暴力；（四）虐待、遗弃家庭成员；（五）有其他重大过错。
Article 1092 Where one party of a couple conceals, assigns, sells off, destroys or squander the common property of the couple, or forges the common debts of the couple in an attempt to encroach upon the property of the other party, the former may get less or no property when the common property of the couple is partitioned because of divorce. After divorce, if the other party discovers the above, it may bring a suit in the people's court to demand re-partition of the common property of the couple.第一千零九十二条 夫妻一方隐藏、转移、变卖、毁损、挥霍夫妻共同财产，或者伪造夫妻共同债务企图侵占另一方财产的，在离婚分割夫妻共同财产时，对该方可以少分或者不分。离婚后，另一方发现有上述行为的，可以向人民法院提起诉讼，请求再次分割夫妻共同财产。
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