New Marriage Law to Clarify Personal Property before Marriage

The Supreme Court issued yesterday and invited public opinions on the draft explanation of the Marriage Law of China.
The draft stipulates that if either a husband or wife signs a real estate purchase contract and pays the down payment on a loan with personal property before marrying, and becomes the registered owner of the real property after the marriage, then that real estate can be regarded as his or her personal property and the unpaid loans as the estate owner's personal debts.
It moreover states that real estate purchased by one of the party's parents after the marriage which is registered under that offspring's name can be regarded as the parents' grant to that offspring and the personal property of that particular party.
Experts say the draft explanation might trigger a rise in the divorce rate, especially among young couples, by virtue of canceling out worries of economic loss by parties that have until now only been considering divorce.
As regards child bearing rights, the explanation states that if disputes arise between a husband and wife about child bearing and one party files for divorce for this reason, the court should, if mediation fails, permit the divorce.
"This helps protect women's rights, because in many cases of courts opposing the suit of a wife who has failed to conceive, she is subjected to domestic violence or mental cruelty," one judge said.
The explanation also supports a woman's right to reproductive freedom of choice by regulating that courts should reject claims for compensation by husbands of women who decide to terminate their pregnancies.