A Chinese mistress sued a woman for not divorcing her husband after receiving US$165,000, but the court dismissed the case on moral grounds. - Photo: SCMP composite/Shutterstock
BEIJING: A Chinese mistress paid a “divorce fee” of 1.2 million yuan (US$165,000) to the legal wife of her married lover, only to have her petition for a refund rejected by the court after the wife accepted the money but refused to divorce.
In December 2013, a man surnamed Han, based in Shishi, Fujian province in southeastern China, married his wife, Yang, with whom he has two daughters whose ages remain undisclosed.
Later, Han began an affair with his colleague, identified as Shi. They also entered into a business partnership and welcomed a son together in November 2022.
In an attempt to “replace” Yang, Shi confronted her and proposed a deal, offering to pay 2 million yuan (US$280,000) if Yang agreed to divorce Han. To initiate the agreement, Shi transferred 1.2 million yuan to Yang at the end of 2022.
However, more than a year later, Yang still had not consented to a divorce.
Frustrated, the mistress demanded her money back and even filed a lawsuit to recover the 1.2 million yuan after the wife refused to return it.
In the lawsuit, Shi claimed there was a “verbal agreement” that the payment was contingent upon Yang divorcing Han and requested the court to order Yang to return the money along with overdue payment interest for breach of contract.
On February 7, the Shishi People’s Court ruled against Shi’s request, stating that the payment violated societal moral standards and public order as it was intended to disrupt a lawful marriage.
Additionally, it was determined that Han and Yang had already signed a divorce agreement and were in a “cooling-off period”, which meant that the payment did not meet the legal conditions for a refund.
This “cooling-off” period, imposed by the Chinese government in 2021, requires couples to wait 30 days after submitting a divorce application before the separation is finalised.
It has also been revealed that during his marriage, Han spent over 6 million yuan (US$825,000) on Shi without his wife’s knowledge.
Yue Zengchao, a lawyer from Henan Yushun Law Firm, explained to the Henan Broadcasting System that in such cases, the court is unlikely to side with the third party, even if the couple have not divorced.
“Any significant assets acquired by a married man during the affair, without his wife’s consent, are considered jointly owned by the couple. The wife has the legal right to demand the return of her share from the third party,” Yue clarified.
It remains unclear whether Han might face legal repercussions for potentially committing bigamy by living with and having children with someone else while still legally married.
The case has sparked lively discussion on Chinese social media, with many describing the outcome as “justice served”.
One commenter remarked: “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 quipped: “What kind of man is worth 1.2 million yuan?” - South China Morning Post
