Work Guidelines for the Implementation of the Property Declaration System for Divorce Cases
(discussed and approved at the 3rd meeting of the Civil Execution Professional Committee of the Trial Committee of the Shenzhen Intermediate People's Court Trial Committee on March 14, 2019)
In order to ensure the fair handling of the issue of joint property division of husband and wife in divorce cases in accordance with the law and safeguard the legitimate rights and interests of the parties and interested parties, in accordance with the "Marriage Law of the People's Republic of China", "Civil Procedure Law of the People's Republic of China" and other laws, combined with trial practice, the following work Guidelines for the implementation of the property declaration system for divorce cases:
Article 1 For divorce disputes involving property division, when serving the parties the notice of acceptance of the case and the notice of response, the people's court shall also serve the "Notice on the Report on the Joint Property of the Couple of the Party in Divorce Cases" and the "Declaration Form for the Joint Property of the Party in Divorce Cases", and inform the parties of the relevant requirements, rights and obligations and corresponding legal consequences for filling out the "Declaration Form for the Joint Property of the Party in Divorce Cases".
Article 2 The parties to a divorce litigation shall truthfully fill out the "Declaration Form for the Couple of the Couple of the Parties in Divorce Cases" before the expiration of the evidence period, and provide relevant evidence of the property held by oneself or preliminary evidence and evidence clues about the existence of the property.
Third The declaration content involved in the "Declaration Form for the Couple of Couples of a Divorce Cases" refers to all the property, rights and other common property of the couple obtained after marriage, including: (1) income such as wages, housing provident fund, pension insurance, bonus, allowance, subsidy, etc.; (2) real estate such as land and real estate; (3) movable property with a large value such as vehicles, valuable private goods; (4) bank deposits; (5) production and operating income such as rent, government allowances, rural collective organization dividends; (6) equity and its income; (7) securities such as stocks, funds; (8) investment insurance; (9) income from intellectual property; (10) property inherited or donated, except for property determined to belong to one of the husband or wife in the will or gift contract; (11) other property or rights that belong to the joint property of the husband and wife according to law.
When filling out the "Declaration Form for the Couple of Couples in Divorce Cases", the following situations must be declared: (1) Creditor-debtor; (2) movable or real estate purchased before marriage and repayed after marriage; (3) Other property or rights that are registered in one party or held or kept by one party, both parties have disputed property or rights regarding whether it belongs to the common property of the couple.
Article 4 Divorce property declaration form and related evidence should be handed over to both parties for cross-examination. If one party has objection to the other party’s property declaration, the people’s court may require the other party to make additional declarations on the objection, or may rely on existing technology and means to investigate and collect evidence in accordance with the law based on existing technology and means to verify the authenticity of the declared joint property of the couple and the objection raised by both parties.
Article 5 If one party fails to declare the joint property of the couple under his or her own name or control, and the other party refuses to make additional declarations after the other party raises an objection, and the party that the couple also refuses to make additional declarations, and after review and verification by the people's court, it should be deemed that the undeclared party fails to truthfully fill out the "Report Form for the Couple of the Couple of the Party in Divorce Cases" and is deemed that he has intentionally failed to truthfully declare the joint property of the couple.
Article 6 If a party fails to truthfully fill out the "Report Form for Couple Property of a Party in a Divorce Cases" and has verified that there is intentional or gross negligence, it should be determined that the party has committed the act of hiding the joint property of the couple as stipulated in Article 47, Paragraph 1 of the Marriage Law of the People's Republic of China. When dividing the joint property of a couple, the party may be given less or no discarded of the hidden part of the joint property of the couple.
Article 7 After the lawsuit for the division of joint property of husband and wife is terminated, if one party finds that the other party has not declared in this case, it may file a separate lawsuit in accordance with the law to request division. When handling the property, if the people's court verifies that there has been no truthful declaration of the joint property of the couple, if it is verified that there is intentional or gross negligence, the party that has not declared may be sentenced to the failure to declare the property or not.
Article 8 If a party fails to truthfully fill out the "Report Form for Couple Property of the Party in Divorce Cases" and constitutes a civil litigation stipulated in Article 47, paragraph 2 of the Marriage Law of the People's Republic of China, the people's court may impose a fine or detention on the party in accordance with the relevant provisions of Article 111, paragraph 1, item 1 of the Civil Procedure Law of the People's Republic of China and the relevant provisions of the "Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China", and shall be held criminally liable in accordance with the law.
Article 9 Litigation regarding property disputes, custody disputes, etc. that require clarification of the joint property of the couple, can be implemented in accordance with the contents of these work guidelines.
Article 10 This working guide shall come into effect on the date of its issuance. This work guide shall apply to cases that have not been concluded after implementation.
Article 11 If laws, regulations or judicial interpretations have new provisions on the content of this work guide, they shall be handled in accordance with the new provisions.
Attachment :
1 "Notice of Report on the Common Property of the Couple of the Couple of the Tribe"
2 "Declaration Form for the Couple of the Tribe"
Attachment 1
( ) Report on the Common Property of the Tribe of the Tribe in the People's Court for Divorce Cases
In order to equally protect the rights of the parties to the divorce lawsuit divorce lawsuit and prevent and curb the behavior of the parties to the divorce lawsuit hiding and transferring the common property of the couple, the parties to the divorce lawsuit should truthfully declare the common property of the couple. The relevant requirements are informed as follows:
1. The scope and process of property declaration
0 ●Applicable circumstances
If property division is involved in divorce proceedings, both spouses must fill out the "Declaration Form for Couple Property in a Divorce Cases".
●Reporting time
From the date when the plaintiff, defendant (or appellant, respondent) receives this notice until the expiration of the evidence period. With the consent of the People's Court, the declaration period may be extended.
●Report content
All property, rights and other common property obtained after marriage, including: (1) income from wages, housing provident fund, pension insurance, bonus, allowance, subsidy, etc.; (2) real estate such as land and real estate; (3) movable property with high value such as vehicles, valuable private goods; (4) bank deposits; (5) production and operating income such as rent, government allowances, rural collective organization dividends; (6) equity and its income; (7) securities such as stocks, funds, etc.; (8) investment insurance; (9) income from intellectual property; (10) property inherited or donated, except for property determined to belong to one of the husband or wife in the will or gift contract; (11) other property or rights that belong to the joint property of the husband and wife according to law.
At the same time, it must also be declared: (1) creditor-debtor; (2) movable or real estate purchased before marriage and repayed after marriage; (3) other property or rights that are registered in one party or held or kept by one party, both parties have disputed property or rights regarding whether it belongs to the common property of the husband and wife.
●Reporting requirements
(1) Both husband and wife must fill out the declaration separately; the declaration must be true, comprehensive, and must not be concealed or omitted.
(2) When submitting the declaration form, corresponding evidence should be submitted at the same time, such as labor contract, wage income certificate, real estate ownership registration certificate, house (vehicle) loan contract, bank deposit details, etc.
(3) If the table space is insufficient, additional paper should be attached to submit it together. The relevant evidence should be submitted in duplicate within the time limit specified by the People's Court as well as this form. The People's Court shall deliver one copy of the attached document and the other copy to the other party.
2. Legal consequences of failure to declare truthfully
●If the people's court verifies that there are situations such as intentional concealment or incomplete declaration, it may apply the provisions of Article 47 of the Marriage Law of the People's Republic of China to rule that he or she will not divide the property;
●If the above situations that fail to declare truthfully constitute acts that hinder civil litigation, the people's court may impose a fine or detention on the party in accordance with the law. If a crime is constituted, criminal liability shall be pursued in accordance with the law;
●After the lawsuit for the division of joint property between husband and wife is terminated, if one party finds that the other party has not declared in this case, it may file a separate lawsuit in accordance with the law to request division.When handling the property, if the people's court verifies that there is no truthful declaration of the joint property of the couple, if it is verified that there is intentional or gross negligence, the party that has not declared may be sentenced to the party that has not declared is less or does not divide the property.
I have read and understood the above notification matters and guaranteed to declare property truthfully in accordance with the law.
Party signature:
Date:
Attachment 2
( ) People's Court Divorce Cases Couple Property Report Form
( ) Guangdong ( ) Civil ( ) ( ) No.
Fill in the Guide
1. Salary, housing provident fund, pension insurance, bonus, allowance, subsidy and other income refers to the actual income of the whole year after deducting income tax, pension insurance, medical insurance, occupational annuity, etc. in the past three years. If the income includes basic annual salary, performance annual salary, term incentive income, etc., it will be included in the salary.
2. Real estate, such as land, real estate, etc. The methods of obtaining real estate mainly include purchase, inheritance, acceptance of gifts, etc. Real estate mainly includes commercial housing, welfare housing, affordable housing, price-limited housing, self-built housing, small-property housing, factory buildings, shops, hotel-style apartments and other properties of different natures. Garages, parking spaces, storage rooms, etc. that have a separate property certificate or have not obtained the property certificate but have been registered by the real estate management department should also be declared.
3. Vehicles, valuable private goods and other movable properties refer to vehicles, jewelry, valuable home appliances and other movable properties. The methods of obtaining them mainly include purchase, inheritance, acceptance of gifts, etc.
4. Bank deposit refers to the balance of RMB or foreign currency deposits in all bank accounts. At the same time, both parties must submit the transaction flows of all bank account within the first year of this divorce lawsuit or within the specified period of this court.
5. Production and operating income such as rent, government allowances, and rural collective organization dividends refer to the income obtained by both parties due to production and operation activities within the specified period of the divorce lawsuit between the two parties or within the specified period of this court.
6. Equity and its income refer to the equity of all limited liability companies, listed companies and other companies under their own name or control, as well as the equity income of both parties in the year before the divorce lawsuit of the two parties, or within the specified period of this court.
7. Stocks, funds and other securities refer to stocks, funds (including public funds and private funds) and other securities under the name or controlled by the person. The parties must declare the securities name, account number, number of holdings and present value. The number of holdings and present value refers to the number of holdings and market value at the close of the previous trading day. At the same time, both parties must submit the stock and fund transactions one year before the divorce lawsuit or the specified period of this court.
8. Investment insurance refers to insurance products of personal insurance investment insurance and property insurance investment insurance that are still effective as of the date of declaration. The parties must declare the full name of the insurance product, policy number, name of the insurance company, accumulated premium payment of the policy, total investment amount and other matters, and report the purchase of investment insurance in the year before the divorce lawsuit between the two parties or within the specified period of this court.
9. Creditor-debtor refers to a claim or debt formed during the marriage, or a claim that has disputes over whether it belongs to a common claim of a husband and wife or a common debt of a husband and wife. The parties must also provide evidence to prove their claims.
10. The movable or real estate purchased before marriage and repayment after marriage refers to the property in which one party signs a movable or real estate sales contract before marriage, pays the down payment with his personal property, and registers the property in his name, and then has the property repayment after marriage. The parties must fill in the time of obtaining the property, the method of obtaining it, the value of the time of acquisition, the down payment amount and payment time, the amount of loan to the bank, the time and amount of repayment before marriage, the time and amount of repayment after marriage, the estimated current price, etc.
11. Other property or interests registered in one party or held or kept by one party refers to property or interests that the parties may have disputes over whether the property or interests belongs to one party or both parties, or whether it belongs to the joint property of the husband and wife. The parties should also declare and provide corresponding evidence to prove their claims.
12. The above reporting guidelines and the "Notice on the Report on the Joint Property of the Couple of the Couple of the Couple of the Divorce Cases" that are not exhausted and belong to the joint property of the couple in accordance with the law, the parties should also declare the truthfully.
13. The parties must sign and sign and fill out the date on each page of the "Declaration Form for the Couple of the Couple of the Parties in Divorce Cases".
I have read and understood the above notification matters and guaranteed to declare property truthfully in accordance with the law.
Party signature:
Date:
