Is Adultery Illegal In China?

Let me paint you a picture that could easily be a plotline for a soap opera, except it’s real life. Back in 2013, John and Jane tied the knot. Fast forward a bit, and they welcomed a baby girl into their lives. Sounds like a fairy tale, right? But as with all tales, this one had its share of drama.

As the years rolled by, what started as minor household squabbles over who left the cap off the toothpaste blossomed into full-blown arguments over everything from finances to who hogged the remote. By 2022, their once harmonious home had turned into a battleground of clashing lifestyles.

Then came the twist. One day, John stumbled upon a revelation that would make any soap opera scriptwriter proud: Jane was having an affair with a coworker. Cue the dramatic music! Naturally, this discovery led to a heated confrontation that could probably be heard in the next county.

Disheartened and with a heavy heart, John decided he’d had enough. He marched to the courthouse and filed for divorce, requesting an equitable split of their shared assets and demanding compensation for the emotional distress to the tune of 100,000 RMB.

After a thorough examination of the case, the court concluded that the marriage had indeed reached a point of no return. They granted John’s request for a divorce. In a sitcom-like twist of fate, their daughter was placed under Jane’s custody, with John ordered to pay 2,000 RMB per month in child support until she turns 18.

When it came to dividing their shared assets, the court decided to give John 60% and Jane 40%. As for the emotional distress claim, Jane was ordered to cough up 60,000 RMB. Not quite the 100,000 RMB John had hoped for, but still a decent consolation prize.

Now, let’s dive into the legal nitty-gritty of extramarital affairs and their consequences. According to the law, when dividing marital property in a divorce, the innocent party gets some extra love. The cheating spouse is considered at fault for the marriage breakdown and will likely receive a smaller slice of the pie. The exact reduction isn’t set in stone; judges consider factors like the severity of the cheating, the harm caused to the innocent spouse, and the broader societal impact. Generally, the cheater’s share is cut by 10% to 30%.

Courts consider the specifics of the case, the extent of the emotional damage, and the severity of the cheating. The innocent party needs to back up their claims with evidence like video footage and wechat evidence. While there’s no fixed amount for such compensation, it usually doesn’t exceed 50,000 RMB.

The Civil Code of the People’s Republic of China provides clear guidelines on these issues. Article 1079 states that spouses seeking a divorce can request mediation or go straight to court. If the court finds the marriage has irretrievably broken down, it will grant the divorce. Specific grounds include bigamy, cohabitation with another person, domestic violence, abandonment, gambling, drug abuse, or other significant faults. Article 1087 adds that marital property should be divided by mutual agreement or, failing that, by the court, which will consider factors like the interests of children, the wife, and the innocent party. Finally, Article 1091 specifies that if a divorce is caused by certain faults, the innocent party has the right to claim damages.