Article 1080
The marriage relationship is dissolved when the divorce registration is completed, or the divorce judgment or mediation document takes effect.
I. Purpose of this Article
This article regulates the time of dissolution of marriage.
II. Evolution of the Provisions
This article is a new provision, which can be traced back to Article 857 of the Marriage and Family Section of the Civil Code (First Reading Draft). The Civil Code on Marriage and Family (Second Reading Draft), the Civil Code on Marriage and Family (Third Reading Draft), and the Civil Code (Draft) continue this provision. The proposed draft of the Civil Code submitted by scholars has similar provisions. In terms of expression, Article 1773 of the 2013 Draft of the Chinese Academy of Social Sciences stipulates that the time of dissolution of the marriage relationship of registered divorce is "the date on which the marriage registration authority issues the divorce certificate", and Article 431, Paragraph 1 of the 2005 Draft of Renmin University stipulates that the time of dissolution of the marriage relationship of the registered divorce is "when the parties obtain the divorce certificate".
3. Interpretation of Provisions
This article regulates the time for the dissolution of marriage.
The legal consequence of divorce is the dissolution of the existing marriage between the parties. In the divorce process, the time for determining the dissolution of the marriage is:
(1) Registered divorce is the completion of divorce registration, that is, the request for divorce is registered in the register of the marriage registration authority, and the effect of dissolving the marriage relationship occurs.
(2) In the case of divorce by litigation, the marriage relationship is formally dissolved when the court makes a judgment or mediation document, and the judgment or mediation document takes legal effect, and the spouse relationship between the parties no longer exists.
4. Cases
Wang v. Chen, a divorce dispute case
Facts: Wang and Chen established a romantic relationship after they met, and gave birth to a daughter during their relationship, and later registered their marriage. After marriage, due to frequent quarrels, there was a rift in the relationship between the two parties. On August 30, 2015, Wang and Chen signed a "divorce agreement". On March 1, 2016, Wang sued Chen to the court, requesting that the marriage be dissolved, that the custody of the legitimate daughter belong to Wang, and that Chen should pay a lump sum of child support, that Chen should pay 27,000 yuan in accordance with the "divorce agreement", and that the solatium for mental damage should be 50,000 yuan. The court ruled that the relationship between Wang and Chen had indeed broken down, and that Wang's request for divorce was granted, that his daughter Chen Bing was raised by Wang, that Chen should pay 10,000 yuan in child support every year, and that Wang's request for Chen to pay a down payment of 27,000 yuan for a car was not supported because the divorce agreement had not yet taken effect.
5. Analysis
The court's decision was reasonable. A divorce agreement is a formal act, and the principle of distinction of property rights cannot be used to treat identity agreements. The agreement reached by the parties on the division of property as a result of the divorce is legally binding on both parties. However, a separate divorce agreement cannot achieve the legal consequences of dissolving the marriage, and the marriage can only be dissolved after the divorce registration is completed or the court mediates and makes a judgment. If the parties agree to divorce and one party repents in the divorce proceedings, the court shall find that the property division agreement has not taken effect, and divide the joint property of the husband and wife according to the actual situation. The divorce agreement signed by the parties before the divorce in this case has not yet taken effect and cannot be directly performed, so the issue of Wang's request for Chen to pay a down payment of 27,000 yuan for the car cannot be directly performed. As for Wang's request for Chen to pay solatium for moral damages, Wang's request for damages could not be supported because there was insufficient evidence to prove Chen's extramarital cohabitation.