BEIJING, Dec 16 — A Chinese mistress paid a “divorce fee” of 1.2 million yuan (RM736,000) to the legal wife of her married lover, but her request for a refund was denied by the court after the wife accepted the money without agreeing to divorce.
According to the South China Morning Post (SCMP), in December 2013, a man named Han from Shishi, Fujian province, married his wife, Yang, and they have two daughters, ages undisclosed. Han later had an affair with a colleague, Shi, and they also started a business together. In November 2022, they had a son.
Shi attempted to “replace” Yang and offered her 2 million yuan in exchange for a divorce. To start the process, Shi paid Yang 1.2 million yuan at the end of 2022. However, more than a year later, Yang had not agreed to a divorce.
Frustrated, Shi demanded a refund and filed a lawsuit when Yang refused to return the money. Shi argued that there was a “verbal agreement” that the payment was conditional on Yang’s divorce and asked the court to compel Yang to return the money along with interest for breach of contract.
On February 7, SCMP reported that the Shishi People’s Court ruled against Shi, stating that the payment violated societal morals and public order, as it was intended to interfere with a legal marriage. The court also noted that Han and Yang had already entered a “cooling-off” period after signing a divorce agreement, meaning the payment didn’t qualify for a refund under the law.
The “cooling-off” period, introduced by the Chinese government in 2021, requires couples to wait 30 days after applying for divorce before it can be finalized.
It was also revealed that during his marriage, Han spent over 6 million yuan on Shi without Yang’s knowledge.
SCMP spoke to Yue Zengchao, a lawyer from Henan Yushun Law Firm, who explained that the court is unlikely to rule in favour of a third party in such cases, even if the couple hasn’t divorced. He clarified that assets obtained by a married man during an affair without his wife’s consent are considered jointly owned by the couple, and the wife has the right to claim her share from the third party.
It is unclear whether Han will face legal consequences for potentially committing bigamy by having children with Shi while still married to Yang.
The case has generated considerable discussion on Chinese social media, with many people calling the outcome “justice served”.
One commenter said, “The result is truly satisfying. Taking the money and refusing to divorce — this is the perfect way to make her lose both the man and the money!”
Another added, “What kind of man is worth 1.2 million yuan?”
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