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The court reasoned that Shi’s payment was in violation of societal moral standards and public order since it was paid to destroy an existing lawful marriage.
It all started when Han, who married Yang in 2013 and has two daughters with her, got into a relationship with Shi. (Representative Image)
An unusual court case in China involving a woman, a couple and a divorce compensation is making headlines. A woman, identified as Shi, paid 1.2 million yuan (Rs 1.39 crore) to her lover, Han’s, legal wife, Yang, in an attempt to get them divorced. Now, Shi has moved the court, seeking a refund after Yang’s refusal to divorce the man.
It all started when Han, who married Yang in 2013 and has two daughters with her, got into a relationship with Shi. Things became serious when they had a son in November 2022. In a bid to try and sort out the situation and “replace” Yang, Shi approached her and offered her a deal: she would pay her a total of 2 million yuan if she agreed to divorce Han. Under this Agreement, by the end of 2022, Shi paid the first instalment of 1.2 million yuan to Yang.
Although the money was exchanged, Yang never divorced her husband. Over a year later, in frustration with Yang’s unwillingness to actually divorce him and return the money to Shi, she filed a case for recovery of the payment. She maintained that there was a verbal agreement in which it was understood the payment was to be done only when Yang actually divorced Han.
However, the Shishi People’s Court denied Shi’s petition for a refund. The court reasoned that Shi’s payment was in violation of societal moral standards and public order since it was paid to destroy an existing lawful marriage.
Furthermore, it was found that Han and Yang were in a “cooling-off period” and were already bound by a divorce agreement, meaning the sum paid did not satisfy the requirements for a refund under the law, SCMP reports.
The Chinese government instituted this “cooling-off” period in 2021, which mandates that spouses wait 30 days following the filing of an application for divorce before their split becomes official.
