Interpretation II (婚姻家庭编解释（二）) is the Supreme People's Court's Interpretation (II) on the Application of the Marriage and Family Book of the PRC Civil Code, effective 1 February 2025. Judicial interpretations are binding on Chinese courts and fill in details the Civil Code leaves open. Interpretation II follows Interpretation I, which took effect with the Civil Code in 2021 and remains in force, including its child support guidelines.
Why it matters
Interpretation II addresses issues that arise frequently in modern Chinese families. In general terms, it clarifies: how to treat a home bought with contributions from one or both sets of parents; divorces arranged to evade debts or purchase restrictions, the so-called "fake divorce"; recovery of gifts that one spouse makes to a third party, such as a lover or a livestreamer, using community property; property promised to a spouse in a marriage or loyalty agreement; and custody disputes where one parent hides or snatches the child. For anyone divorcing in China as of 2026, it shapes how courts approach these questions, although outcomes still depend heavily on the facts and evidence.
How it works in practice
A wife in Shenzhen discovered that her husband had sent large sums of money from their joint savings to a livestreamer over several months. With bank statements and platform records, her lawyer brought a claim to recover the money as an unauthorised disposal of community property, relying on the rules clarified in Interpretation II. Separately, the husband's conduct was raised in the divorce as a factor in dividing the remaining property.
Common mistakes
- Relying on outdated online articles written before February 2025
- Assuming Interpretation II replaced Interpretation I; both apply
- Treating any parental contribution to a home as a gift to the couple without checking the facts
- Believing that taking a child away will secure custody; courts can weigh it against that parent
- Expecting the interpretation to decide the case automatically without evidence