Enforcement

Where a party refuses to perform an effective civil judgment or ruling, the court may freeze accounts, seize property, restrict the debtor’s exit from China and impose other compulsory measures. Application should be made promptly, with asset information, so that preservation precedes dissipation.

Entrusting Enforcement Elsewhere

Where the assets lie outside the jurisdiction of the court that tried the case, enforcement may be entrusted to the court in the place of the assets. The commissioning court issues a letter specifying the unperformed obligations, the legal consequences of non-compliance and the time limit; if the entrusted court does not respond, the commissioning court may escalate the matter and, where appropriate, pursue direct enforcement.

Retrial of a Divorce Mediation Order

A mediation order terminating a marriage takes effect once signed; the marital relationship itself cannot be reopened by retrial. However, where the mediation disposes of property, maintenance or custody in a way that is contrary to law, or was procured by fraud or duress, the affected party may apply for retrial of those terms within the statutory period. Whether retrial is available turns on the specific relief sought rather than on the divorce itself.