Who will belong to the children after the divorce, and there is also the issue of property.

Child rearing: Children under the age of two are expected to live with their mothers.

Several Specific Opinions of the Supreme People's Court on the Handling of Child Support Issues in Divorce Cases by the People's Courts"1. Children under the age of two years generally live with their mothers. If the mother has any of the following circumstances, she may live with the father:

1) Suffering from incurable infectious diseases or other serious diseases, and the children are not suitable to live with them;

2) There are conditions for raising children who do not fulfill their obligation to support them, and the father requires the child to live with him;

3) The child is unable to live with the mother due to other reasons.

2. Where both parents agree that a child under the age of two lives with the father and there is no adverse impact on the healthy growth of the child, it may be permitted.

The amount of child support may be determined on the basis of the actual needs of the child, the affordability of both parents and the actual standard of living in the locality. For those with a regular income, child support payments can generally be paid at the rate of 20 to 30 per cent of their total monthly income.

The period of payment of child support is generally until the child reaches the age of 18.

Child support payments should be made on a regular basis, and may be paid in a lump sum if conditions permit.

In any of the following circumstances, an adult child who has not yet lived independently, and the parents have the ability to pay, shall still bear the necessary child support expenses:

1) Unable to work or not completely incapacitated, but their income is not enough to support their livelihood;

2) Those who are still in school;

3) There is no ability and conditions for independent living.

The court will decide who will raise the child on the basis of the principle that it is conducive to the child's development, and the party who wants the child must provide evidence to the court in accordance with the above principles.

Alimony is generally 20-30% of the other party's salary, but it also takes into account the actual living conditions in the local area.

If the child is under the age of two, the child shall be raised by the woman, and the man shall pay part or all of the child support.

There are a lot of factors in it

Legal analysis: the divorce of the parents does not affect the ownership of the property in the name of the child, this part of the property still belongs to the child, the property is registered in the name of the child, and its ownership belongs to the child, not the divorced parents.

Divorced couples are non-property owners and can only divide the joint property of the husband and wife. After the divorce, the parent who is raising the child can continue to manage the property in the child's name as the child's legal guardian until he or she reaches the age of majority.

As the legal guardian of the child, you can only dispose of acts and property that are beneficial to the child's rights and interests.

Legal basis: Civil Code of the People's Republic of China

Article 1062 The following property acquired by husband and wife during the existence of their marital relationship shall be the joint property of the husband and wife and shall be jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inheriting or donating property, except as provided for in Item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

Article 1063 The following property shall be the personal property of one of the husband and wife:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

Article 1087:In the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If an agreement is not reached, the people's court is to make a judgment based on the specific circumstances of the property and in accordance with the principle of taking care of the rights and interests of the children, the woman, and the innocent party.

The rights and interests enjoyed by husbands or wives in the contracting and management of family land shall be protected in accordance with law.

After a divorce, the property belongs to the children, and it is generally not possible to get it back. After the divorce, the property belongs to the children, which is an act of gift, and the act of gift cannot be revoked after the transfer of property. If the property has not been delivered to the child, the gift can be revoked.

But since it is to be returned, it means that it has been delivered, and the gift cannot be revoked at this time.

[Legal basis].Article 658 of the Civil Code (effective January 1, 2021).

The donor may revoke the gift before the transfer of rights to the donated property.

The provisions of the preceding paragraph do not apply to notarized gift contracts or gift contracts with the nature of public interest or moral obligations such as disaster relief, poverty alleviation, or assistance to the disabled, which must not be revoked in accordance with law.

Article 663.

If the donee has any of the following circumstances, the donor may revoke the gift:

1) Seriously infringing upon the lawful rights and interests of the donor or the donor's close relatives;

2) Failure to perform the obligation to support the donor;

3) Failure to perform the obligations agreed upon in the gift contract.

The donor's right of revocation shall be exercised within one year from the date on which the donor knew or should have known the reasons for revocation.

At the time of divorce, the child's property is still the child's own. The child's property, whether in name or in fact, belongs to the child, and the parents, as guardians, should protect the child's property. If the parents divorce, it does not affect the ownership of the property in the name of the child, this part of the property still belongs to the child, the property is registered in the name of the child, and its ownership belongs to the child, not the divorced parents.

The law is based on bad evidenceArticle 22 of the Civil Code.

Adults who cannot fully recognize their own conduct are persons with limited capacity for civil conduct, and the implementation of civil juristic acts is carried out by their legally-designated **person** or with the consent and retrospective consent of their legally-designated **person; However, they may independently carry out civil juristic acts that are purely beneficial or that are compatible with their intellectual abilities and mental health.

Article 34 of the Civil Code.

The duties of the guardian are to carry out civil juristic acts and protect the personal rights, property rights and other legitimate rights and interests of the ward.

Legal analysis: For children under the age of two, the principle is to be raised directly by the mother. For children who have reached the age of two, and the parents fail to reach an agreement on the issue of child support, the people's court is to make a judgment based on the specific circumstances of both parties and in accordance with the principle of the best interests of the minor child.

Where children have reached the age of 8, their true wishes shall be respected.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the township marriage registration office.

The divorce agreement shall clearly state the intention of both parties to divorce voluntarily, and the opinions on matters such as child support, property, and debt disposition.

Article 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members by their grandchildren;

3) Having bad habits such as gambling and drug addiction that they have repeatedly taught and not changing;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.