Debt division after divorce under study

China’s top court is studying how to fix a judicial interpretation of the Marriage Law that forces divorced couples to jointly pay off debts incurred during the marriage.

Many people have been forced to pay off spousal debt that was borrowed without their knowledge or consent.

“Forty-five deputies to the National People’s Congress advised us in March to review Article 24 in the court’s interpretation of the Marriage Law over its irrationality,” Liang Ying, director of the research office of the NPC Standing Committee’s Legal Affairs Commission, said on Monday. “About 1,000 letters from the public have complained about it since last year.”

“We held seminars with the Supreme People’s Court in June to discuss the article, while the top court conducted surveys in eight regions,” he said. “A solution is on the way.”

Li Xiuping was one of those affected by the interpretation. She was divorced in November 2014, but about half a year later she was named as a defendant because her ex-husband had a private debt of 2.8 million yuan ($428,000).

Commenting on Article 24, she told Southern Metropolis Daily: “I had no idea about the debt. It’s the interpretation that put me in debt.”

Li wrote 20 letters to the legislature in February that included more than 10,000 signatures.

Liang, the research director, said the case would be watched and the top court would be urged to take action.

“We read the letters and launched a review of the interpretation,” Liang said.

Judge Wang Liren from Hubei province said the article does not comply with the spirit of the law.

“It could be considered a judicial mistake,” he added.

Reviewing documents — administrative rules and local laws and regulations, as well as judicial interpretations — is a significant duty of the NPC Standing Committee, which has the power to nullify documents that contradict the Constitution and laws.

“We not only take the initiative to review laws under the Constitution, but also based on requests from the public and organizations,” said Shen Chunyao, chairman of the Legal Affairs Commission.

This year saw 1,116 requests for reviews of judicial interpretations, according to a report submitted to the committee for reading on Sunday.

“We’ll improve our reviews, and check whether improper or problematic documents are fixed next year,” Liang said.

We not only take the initiative to review laws under the Constitution, but also based on requests from the public and organizations.” Shen Chunyao, chairman of the NPC Standing Committee’s Legal Affairs Commission