VI. The issue of debt repayment during divorce
1. The following debts are joint debts of husband and wife, and should be paid off with the joint property of the husband and wife:
(1) Debts owed by spouses to live together or fulfill their obligations of upbringing and support;
(2) The debts owed by both spouses of individual businesses and rural contracted operators for joint operation, as well as the debts owed by one party engaged in operation, whose income is mainly used for family living together, are joint debts;
(3) The debt received by one party during the marriage relationship due to family separation;
(4) One spouse is abused by the other and is unable to live together and runs away from home. The runaway party owes debts for daily expenses, treatment of illnesses, and raising children.
2. The following debts belong to personal debts and should be paid off by one party with personal property:
(1) The debts agreed upon by both spouses to be borne by individuals, except for those aimed at evading debts;
(2) One party, without the consent of the other party, subsidizes debts incurred by their relatives and friends who have no obligation to support them;
(3) One party raises funds independently to engage in business activities without the consent of the other party, and its income is not actually used for the debts incurred by living together;
(4) Other debts that should be borne by individuals.
3. At the time of divorce, the debts that were originally borne by the couple living together should be jointly repaid. If the joint property is insufficient to be paid off, or if the property belongs to each other, both parties shall pay off; When the agreement cannot be reached, the people's court shall make a judgment.
4. Unless one spouse can prove that the creditor and debtor have clearly agreed on personal debts, or can prove that they fall under the circumstances specified in Article 19 (3) of the Marriage Law.
5. If the divorce agreement of the parties concerned or the judgment, ruling or mediation statement of the people's court has dealt with the issue of the division of the Division of property, the creditor still has the right to claim rights from both men and women with respect to the joint debts of the husband and wife.
If one party claims compensation from the other party based on a divorce agreement or a legal document of the people's court after assuming joint and several liability for repayment of the joint debt, the people's court shall support it.
6. If one of the husband or wife dies, the surviving party shall bear joint and several liability for the joint debts incurred during the marriage relationship.
VII. The issue of fault compensation during divorce
1. If one of the following circumstances leads to divorce, the innocent party has the right to request compensation for damages:
(1) Bigamy; bigamy;
(2) Having a spouse cohabiting with others;
(3) Those who commit domestic violence;
(4) Abusing or abandoning family members.
2. If the innocent party who complies with Article 46 of the Marriage Law, as the plaintiff, files a claim for damages to the people's court based on this provision, it must be filed simultaneously with the divorce lawsuit;
If the innocent party who complies with Article 46 of the Marriage Law serves as the defendant in a divorce lawsuit, and the defendant does not agree to the divorce and does not file a claim for damages based on this provision, they may file a separate lawsuit within one year after the divorce;
In a divorce lawsuit where the innocent party is the defendant and the defendant did not make a claim for compensation based on Article 46 of the Marriage Law during the first instance, if the claim is made during the second instance, the people's court shall mediate. If the mediation fails, the parties shall be notified to file a separate lawsuit within one year after the divorce;
If a party applies for compensation for damages to the people's court on the grounds of Article 46 of the Marriage Law after completing the divorce registration procedures at the marriage registration authority, the people's court shall accept it. However, if the parties have explicitly expressed their abandonment of the request at the time of the divorce agreement, or if the request is made one year after completing the divorce registration procedures, it will not be supported.
VIII. Economic compensation issues during divorce
1. During divorce, if one party is facing financial difficulties, the other party should provide appropriate assistance from their personal property such as housing. The specific measures shall be agreed upon by both parties; When the agreement cannot be reached, the people's court shall make a judgment.
2. If one of the following situations occurs, it belongs to living difficulties:
(1) Relying on personal property and the property obtained during divorce to maintain the basic living standards of the local area;
(2) Having no place to live after divorce.