Contents
1. Disputes over family marriage are settled by the Court
According to Article 28 of the Civil Procedure Code 2015, disputes over family marriage under the jurisdiction of the Court include:
– Divorce, child custody disputes, division of property during divorce; division of property after divorce.
– Disputes over the division of joint property of spouses during marriage.
– Disputes over changes in direct custody of children after divorce.
– Disputes over the identification of a parent for a child or the identification of a child for a parent.
– Alimony disputes.
– Disputes over childbirth by assisted reproductive technology, surrogacy for humanitarian purposes.
– Disputes over child custody, division of property of men and women living together as husband and wife without marriage registration or when unlawful annulment of marriage.
– Other disputes over marriage and family, except for cases under the jurisdiction of other agencies or organizations as prescribed by law.
Thus, according to the above-mentioned provisions, cases falling under family marriage disputes fall under the jurisdiction of the Court.
2. How to determine how the Court resolves disputes over family marriage?
* Competence of district people’s courts
District-level People’s Courts shall have jurisdiction to settle according to the procedures of first instance civil, marital and family disputes specified in Articles 26 and 28 of the 2015 Civil Procedure Code, except for disputes over compensation for damages caused by improper application of administrative prevention measures in accordance with the provisions of competition law, unless a claim for damages is settled in an administrative case.
(Point a, Clause 1, Article 35 of the Civil Procedure Code 2015)
* Competence of provincial people’s courts
Provincial-level People’s Courts shall have jurisdiction to settle according to the procedures of first instance civil, marriage and family, business, commercial and labor disputes specified in Articles 26, 28, 30 and 32 of the 2015 Civil Procedure Code, except for disputes under the jurisdiction of district-level People’s Courts;
Note: Provincial-level People’s Courts have jurisdiction to settle according to the procedures of first instance civil cases under the jurisdiction of district-level People’s Courts that provincial-level People’s Courts themselves take up for settlement when deeming it necessary or at the request of district-level People’s Courts.
(Point a, Clause 1, Clause 2, Article 37 of the Civil Procedure Code 2015)
* Jurisdiction of Courts by Territory
The territorial jurisdiction of the Court to settle civil cases is determined as follows:
– The court where the defendant resides or works, if the defendant is an individual or where the defendant is located, if the respondent is an agency or organization competent to settle according to the procedures of first instance civil, marital and family, business, commercial or labor disputes specified in Article 26, 28, 30 and 32 of the Code of Civil Procedure 2015;
– The litigants have the right to agree with each other in writing to request the Court of the plaintiff’s residence and work, if the plaintiff is an individual or where the plaintiff’s head office is located, if the plaintiff is an agency or organization to settle civil, marital and family disputes, business, trade and labor specified in Articles 26, 28, 30 and 32 of the Civil Procedure Code 2015;
– The subject of the dispute is real estate, only the court where the real estate is located has jurisdiction to settle.
(Clause 1, Article 39 of the Civil Procedure Code 2015)
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