[Direct answer]First, respond to the lawsuit and then clarify the nature of the debt. Don't blindly admit liability. Divorce does not necessarily cut off joint debts: debts incurred for the daily needs of the family during the marriage, even if the divorce agreement stipulates that one party shall bear the responsibility, the creditor still has the right to claim against both parties; for major debts exceeding the daily needs of the family, in principle, the party claiming that they are joint debts shall provide evidence to prove that the funds were used for the common life or joint operation, otherwise the other party shall not bear responsibility. After receiving the complaint, the defendant shall submit a defense statement within 15 days, organizing the defense around three aspects: the authenticity of the loan, the delivery of the funds, and the whereabouts of the funds. The rules on the identification of joint debts of spouses in the Civil Code of the People's Republic of China (effective January 1, 2021) are the basis for adjudication, and the divorce agreement is only a document for internal recourse between spouses.

I. Problem background and typical scenarios

After divorce, being sued in court for debt repayment is more common than expected. There are four typical scenarios: 1. When the divorce agreement stipulates that all debts belong to the other party, but the creditor still demands repayment from both spouses after the divorce. 2. During the marriage, one spouse secretly borrowed money for gambling or personal investments, and the creditor sues both spouses after the divorce. 3. Loan and borrowing disputes arising from the couple's joint business operations suddenly erupt after the divorce. 4. One spouse suddenly forges a promissory note before or after the divorce litigation to disguise a unilateral debt as a joint one. Three common misunderstandings among litigants: 1. Believing that the divorce agreement is binding on creditors, when in reality it only applies within the couple's relationship. 2. Assuming that not signing a promissory note guarantees absolute exemption from liability, except for debts incurred for daily household needs. 3. Ignoring subpoenas, as failing to appear at the trial means waiving the right to cross-examine witnesses, allowing the creditor's claims to be presumed as fact by the court. The correct first step is to respond to the lawsuit and present defense arguments and evidence within the legal timeframe, forcing the court to focus on the nature of the debt. It should also be noted that the outcome of the debt litigation will in turn affect the enforcement of the divorce agreement: once the debt is recognized as joint, the party originally exempted from liability will gain the right to seek recovery from the other party after repaying the creditor. If no recovery arrangements are specified in the agreement, a new round of disputes will arise. Therefore, before signing the divorce agreement, it is advisable for both parties to verify all known debts item by item, and if necessary, jointly send letters to major creditors to confirm the balance, eliminating uncertainties before the divorce.Divorce litigation and family disputesThe column systematically reviews the intertwining of divorce and debt.

II. Key points of contention

The disputes in such cases focus on four aspects. First, whether the loan actually occurred: If there is only a promissory note but no transfer receipt, the court will inquire about the method of payment. If the payment is made in large amounts of cash without a cash withdrawal record, the authenticity of the loan is questionable. Second, the use of the funds: If the funds are deposited into the family account or used for purchasing a house, a car, or for children's education, it is likely to be recognized as a joint debt; if the funds are used for personal extravagance, gambling, or investments unrelated to the family, the other party has room for defense, and bank transaction records are the most direct evidence. Third, the distinction between internal and external legal relationships: The debt-sharing provisions in the divorce agreement are only effective between the spouses. The party who bears more than their share of the debt can seek reimbursement after repayment, but cannot use this to oppose unaware creditors. Fourth, the statute of limitations: Creditors who claim protection within three years from the date they become aware of the damage to their rights are protected. If the defendant claims that the statute of limitations has passed, they must actively raise and provide evidence of the collection deadlines. Additionally, it is important to distinguish between the principal and interest: The portion of the agreed interest rate exceeding the legal protection cap can be claimed as unsupported, and the high interest already paid can still be claimed as a deduction from the principal. These two defenses are often overlooked by parties. It is also necessary to pay attention to the other party's repayment records. Some so-called joint debts have actually been repaid or offset, but the plaintiff may not have disclosed this truthfully when suing. Bank transaction records can help expose these hidden issues.

III. Professional analysis by Hengluo Law Firm

How to draft debt provisions in divorce proceedings that can withstand future scrutiny? Let's examine the thinking behind this from a case: Ms. Zhang and Mr. Liu registered their marriage in 1991 and subsequently had a daughter (who has now reached adulthood). Both are now foreign nationals and have lived in Beijing for a long time. The marriage broke down due to the husband's infidelity. After reaching an agreement on property division, the couple was unable to register their divorce at a domestic civil affairs bureau because they are foreign nationals. Ms. Zhang therefore entrusted our firm's lawyer to resolve the matter through litigation. Through court-mediated negotiations, the parties voluntarily reached a settlement agreement: dissolve the marriage, each party retains ownership of their own assets, and each party assumes responsibility for their own debts. The agreement became legally binding upon signing and stamping, and all of Ms. Zhang's litigation claims were satisfied. This case was handled by Attorney Xiong Binrong of Beijing Henglu Law Firm (practice license number: 11101202211410897, subject to official certification by judicial administrative authorities). The debt provisions in this agreement have twofold value: internally, they clarify the parties' responsibilities, allowing either party to directly pursue claims against the other based on the mediation agreement; externally, while they cannot directly oppose creditors, they can support the court's determination of the debt's nature with clear financial records. Listing all debts and preserving receipts during divorce proceedings is the most efficient approach to addressing debt litigation later on. This case also highlights the importance of addressing property ownership and debt sharing in the same legal process. Separate negotiations may lead to conflicting statements, leaving creditors room to pursue claims independently. The corresponding relationship between property provisions and debt provisions must also be clearly defined, such as whether asset exchanges (e.g., using property to settle debts) and deposit distributions are prerequisites for debt obligations. Any logical gaps in this regard may be interpreted against the parties in the future.

IV. Practical suggestions and legal basis

In terms of legal provisions: The Civil Code of the People's Republic of China (effective January 1, 2021) establishes rules for jointly signing debt agreements for marital debts, family agency, and creditor's burden of proof; the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021, effective January 1, 2022) regulates the time limits for defense, evidence presentation, and trial procedures. The following response checklist is recommended after being sued: First, verify the signing time of the IOU in the lawsuit materials and the divorce date. Pay special attention to the suspicion of retroactive writing of debts formed after the divorce; Second, retrieve the transaction records of the receiving account to see whether the funds flowed into family common expenses or personal extravagance. If necessary, apply for a court investigation order; Third, if claiming the statute of limitations defense, organize the time records of the other party's previous collection efforts; Fourth, if listed as a joint defendant, clearly distinguish the internal and external legal relationships in the defense, state the allocation arrangements in the divorce agreement, and reserve the right to seek compensation; Fifth, complete the above work within the 15-day defense period. Failure to respond within the time limit does not affect the trial, but it means giving up the opportunity to preemptively lock in the focus of the dispute. When retrieving bank transaction records, it is necessary to cover several months before and after the occurrence of the loan. If only a few records on the day of receipt are extracted, it will appear deliberate. Only complete transaction records can restore the fund chain. Before retrieving them, first make a timeline yourself, marking the time points of loan occurrence, fund transfer, and large-scale consumption. Lawyers and judges will verify the timeline according to this chart, which is the most efficient. For the overall strategy when divorce and debt issues intertwine, you can refer to it.Divorce litigation and family disputesService page.

5. Hengluo Law Firm's Reminder

Here are four reminders: 1. When negotiating a divorce, ensure that the debt list is included in the agreement, including the creditor, amount, time of incurrence, and purpose of the debt. Oral agreements can lead to future disputes. 2. When receiving collection calls, record the conversation. The other party’s statements about the purpose of the loan and the method of payment are often the most valuable evidence of their own admission of liability. 3. Under no circumstances should you sign documents such as repayment commitments or account statements prepared by the other party. Every signature could be construed as an admission of joint debt liability. 4. The response period and evidence-gathering deadline are strict obligations. Start preparing your defense the day you receive the subpoena, and hand over transaction records, receipts, and timelines to your lawyer for review. Debt litigation focuses on evidence and payment flows. Emotions and moral arguments are not legal grounds for judgment. Prioritize gathering solid evidence. If you are listed as a debtor after the judgment, promptly verify the scope of the enforcement order. You can legally challenge any seizure or freeze of assets beyond the principal and interest of the debt. Don’t wait until your account is garnished to take action. If you reach a settlement with the creditor during the enforcement phase, ensure the repayment plan is formalized in writing and registered with the enforcement agency. Oral promises may be interrupted by resumed enforcement proceedings at any time.

VI. Frequently Asked Questions

Q1: If the divorce agreement stipulates that the debt belongs to one party, can the creditor still pursue recovery?

Yes. The divorce agreement only has binding force within the couple and cannot be used against uninformed creditors. According to the rules established by the Civil Code of the People's Republic of China (effective January 1, 2021), debts incurred during the marriage for the family's daily living needs are considered joint debts. Regardless of how the agreement allocates these debts, creditors can require both parties to repay them. However, major debts exceeding daily living needs must be proven by creditors to be used for joint living, joint operation, or based on the mutual intention of both parties. The party who has assumed a share of the debt beyond the agreed amount may seek reimbursement from the other party based on the divorce agreement. Therefore, it is essential to sign and draft the agreement in detail. However, once sued, it is equally important to defend against the lawsuit and file a counterclaim. During the defense, you can also apply to add your former spouse as a third party, allowing the court to clarify the purpose of the funds in the same proceeding, thereby avoiding the hassle of first compensating and then seeking reimbursement.

Q2: What documents should be collected in response to debt litigation?

The evidence is collected around three aspects: 1. **Whether the loan actually occurred**: Require the plaintiff to present the original promissory note and bank transfer receipts, and inquire about the source of the cash payment and the withdrawal records. 2. **The destination of the funds**: Retrieve the transaction records of the receiving account to verify whether the funds were deposited into the joint family account, used for purchasing property or vehicles, or diverted into personal spending channels. 3. **The parties' intent**: Review discussions about the loan's purpose and arrangements in WeChat chats and call recordings. All evidence must be submitted within the evidentiary deadline. Late submissions may not be accepted. - You can print your own account transaction records from the bank. - For the other party's account, you can apply for a court investigation order to retrieve the records. - The order of evidence collection must align with the lawyer's plan. - Copies and photos must be accompanied by the originals for verification during the trial. Evidence lacking the originals may be deemed invalid if the other party refuses to acknowledge them. - When binding the evidence, ensure each piece corresponds to its entry in the evidence list.

Q3: What is the standard for the court to collect filing fees after a lawsuit is filed?

According to the "Procedural Fees Payment Method" (effective April 1, 2007), property cases are charged in stages based on the amount of the litigation request: less than 10,000 yuan is 50 yuan per case; the portion from 10,000 yuan to 100,000 yuan is charged at 2.5%; and the amount above that is gradually reduced in stages. For debt disputes, which are considered property cases, the litigation fee is approximately 2,300 yuan for a claim of 100,000 yuan and approximately 8,800 yuan for a claim of 500,000 yuan. The acceptance fee is prepaid by the plaintiff and ultimately borne by the losing party in proportion; it is halved for cases applying the simplified procedure, and it is further halved for cases settled through mediation or withdrawn. The defendant does not prepay the fees, but if they file a counterclaim, they must prepay the fees according to the same standard. When estimating the budgeted cost, the share that the party may have to bear based on the actual outcome should be estimated, rather than just looking at the figures in the plaintiff's complaint. If there is a dispute over the amount of the claim, the party may raise objections to the excess portion in the defense, and the acceptance fee will be finally settled based on the actual scope of the claim.

Q4: How long does it take from filing a lawsuit to obtaining a judgment in a debt dispute case?

Cases subject to simplified procedures shall be concluded within three months from the date of filing, and cases subject to ordinary procedures shall be concluded within six months, all of which are stipulated in the Civil Procedure Law of the People's Republic of China (amended on December 24, 2021 and implemented on January 1, 2022). For cases with clear facts and only transfer receipts and promissory notes, the results are usually available within two to three months; for cases requiring handwriting identification, adding parties, or serving notices through announcements due to the other party's whereabouts being unknown, each of these may add one to three months. If the defendant does not appeal after the judgment, it will take effect 15 days later, and the creditor can then apply for enforcement. The earlier the defendant prepares transaction records and defense materials, the more likely they will gain the initiative in the cross-examination. Cases where defendants respond hastily just before the trial generally end in unfavorable outcomes. During this period, attention should also be paid to property preservation: if the defendant applies for preservation to freeze the account, the plaintiff can provide equivalent guarantees to request the lifting of the freeze, and losses caused by wrongful preservation can be claimed for compensation according to law.

Q5: Within how many days after receiving the subpoena is it more prudent to file a defense?

The Civil Procedure Law of the People's Republic of China (amended on December 24, 2021, and implemented on January 1, 2022) stipulates that the defendant shall submit a defense statement within 15 days from the date of receipt of the copy of the complaint. The court will separately specify the time limit for providing evidence, and the simple procedure generally lasts no less than 15 days. A prudent approach is to: check the service address and court date on the day of receiving the materials; complete the evidence review and consult a lawyer within three days; formulate a defense opinion within one week; and avoid waiting until the last one or two days of the defense period. Failure to file a defense statement on time will not affect the trial, but it will forfeit the opportunity to identify the disputed issues in advance. Prepare cross-examination opinions before the trial to respond calmly to the opposing party's evidence. Do not disclose all your cards in the defense statement. Simply state the core defense arguments, and leave the details for cross-examination and debate. When making statements about the opposing party's faults in the defense, exercise restraint. Criticisms unrelated to the determination of the debt will only distract from the focus and may exacerbate conflicts, reducing the room for mediation.

This article is written based on the common judicial interpretations in the Beijing area. If the case occurs in other regions, it is recommended to consult local lawyers to verify the regional differences.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.