~ Linn Maung ~
In China, women seeking divorce are struggling against restrictive policies under the Xi government. Women trapped in abusive marriages often find it difficult to leave due to government policies that emphasize family harmony, marriage- and birth-friendly society. While divorce was once considered a cultural taboo, it has now become a political issue. On government instructions, police authorities often hesitate to intervene in such cases, dismissing them as “family disputes.” Courts, too, frequently encourage couples to reconcile rather than grant a divorce.
According to available reports, the rate of successful divorces in court has drastically declined. In recent years, only about 35% of divorce trials resulted in actual divorces, compared to about 70% two decades ago. This decline is attributed to government interventions that prioritize mediation over separation. Judges frequently return women to their families, reinforcing the societal expectation that women must endure their marriages despite suffering abuse or dissatisfaction.
The Cooling-Off Period: A Barrier to Divorce
One of the most controversial policies introduced by the Chinese government is the “cooling-off period” for divorcing couples. Under this rule, couples seeking divorce must wait for 30 days before they can finalize their separation. While the policy was introduced to prevent impulsive divorces, it has faced strong opposition, particularly from women’s rights advocates. Critics argue that this period disproportionately harms women in abusive relationships. If an abusive husband initially agrees to a divorce but later changes his mind during the cooling-off period, the wife is forced to seek divorce through the courts—a process with low success rates and biased outcomes.
Data from 2021 indicates that after the cooling-off period was implemented, China’s divorce rate dropped significantly. In the first half of 2021, 966,000 divorces were registered nationwide—a 50% decline from the same period in 2020. While authorities view this as a success in strengthening family values, many women perceive it as a denial of their right to leave an unhappy or dangerous marriage.
The Role of the Police and Judiciary
Many women seeking divorce have complained that neither the police nor the courts take their grievances seriously. Instead of investigating cases of domestic violence or marital abuse, authorities often pressure complainants to remain in their marriages, even at the cost of their safety. Social media has become a platform for women to share their stories of struggle, police inaction, and judicial insensitivity. However, these complaints rarely lead to substantial changes in the system.
A 2021 report by Beijing Qianqian Law Firm, which provides legal aid to women, revealed that only 30% of divorce cases involving domestic violence were granted divorce. In 1,073 cases analyzed, courts acknowledged domestic violence in just 66 instances, and only 50 of those cases resulted in divorce. These statistics highlight the systemic barriers women face when seeking legal relief from abusive marriages.
The Conflict Between ‘Xi’ and ‘She’
Women’s rights activists have pointed out the apparent conflict between the government’s policies and the needs of women seeking divorce. The reluctance of police to intervene in “family disputes” persists despite the existence of a domestic violence law enacted in 2016. This law allows police to issue warnings to violent spouses and take punitive action if violence continues. However, reports indicate that warnings were issued in nearly 100,000 cases in 2023, but these measures did little to prevent further violence.
Adding to the challenges, news reports suggest that judges frequently dismiss women’s claims of domestic violence and disregard their evidence. Available statistics demonstrate that women face difficulty in securing their legal right to divorce.
The Changing Perception of Marriage and Divorce
Despite these obstacles, attitudes toward marriage and divorce in China are gradually evolving. While divorce once carried significant stigma, younger generations are increasingly accepting the idea that marriages should be based on happiness rather than obligation. Many young people are choosing not to marry at all, prioritizing personal freedom and career ambitions over traditional family expectations.
For those who do marry accept that divorce can happen any time. However, there is a growing trend of documenting divorce as a milestone event. A booming industry in divorce photography has emerged, where former couples pose together with their divorce certificates to commemorate the end of their marriage. This shift reflects a changing perspective on marriage, where separation is not necessarily viewed as a failure but rather as a natural decision when a relationship does not work out.
Government Priorities: Family Stability vs. Women’s Rights
The Xi government remains focused on reversing China’s declining birth rate and strengthening family stability. With an aging population and shrinking workforce, policymakers view marriage and childbirth as national priorities. As a result, measures such as the cooling-off period and court-mandated mediation are seen as tools to discourage divorce and promote stable family structures.
However, these policies come at the expense of women’s rights and personal freedoms. Feminist writer Xiao Meili has strongly criticized the cooling-off period, arguing that it limits women’s autonomy and makes divorce unnecessarily difficult. She insisted that divorce should be a personal choice, not a decision dictated by the state.
The Road Ahead: Will Policies Change?
With China’s annual parliamentary meetings approaching, issues like marriage, divorce, and population policies are expected to be topics of discussion. However, it remains uncertain whether the government will take a more progressive approach or continue to tighten restrictions on divorce.
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