Creditor's Right to Revoke Property Division Clauses in Divorce Agreements
Source:Supreme People's Court
Author:Wu Jingli
Release Time:2026-07-21
Article 3 of the Interpretation (II) stipulates that if a creditor of one spouse has evidence that the property division clause in the divorce agreement affects the realization of their creditor's rights, and requests the revocation of the relevant clause with reference to Article 538 or 539 of the Civil Code, the court shall comprehensively consider factors such as the overall division and performance of community property, the burden of child support, and fault in divorce, and support it according to law.