CHINA: A Chinese mistress recently faced a courtroom setback after she attempted to reclaim a substantial “divorce fee” of 1.2 million yuan (US$165,000) from the legal wife of her married lover.
According to the South China Morning Post, the wife accepted the payment but refused to divorce, which frustrated the mistress even more when the court denied her refund request.
A complicated love triangle in Fujian
The story began in December 2013, when a man named Han from Shishi, Fujian province, married his wife, Yang. Together, they have two daughters.
However, Han’s marriage was not without complications—he began an affair with his colleague, Shi, and the two even formed a business partnership. In November 2022, Shi gave birth to a son, further entangling the situation.
In a bid to “replace” Yang, Shi made a bold offer. She proposed to pay Yang 2 million yuan (US$280,000) if the wife agreed to divorce Han.
To kickstart the deal, Shi transferred 1.2 million yuan to Yang by the end of 2022. However, despite the payment, Yang refused to proceed with the divorce, leaving Shi in limbo for over a year.
Court rules against mistress
As time passed, Shi grew increasingly frustrated and demanded a refund of the money. After Yang refused to return the 1.2 million yuan, Shi filed a lawsuit seeking to reclaim the funds.
Shi argued that there had been a “verbal agreement” that the payment was conditional on Yang’s divorce and sought legal action to recover the sum plus interest.
However, on February 7, the Shishi People’s Court ruled against Shi’s claim. The court determined that the payment violated societal moral standards and public order, as it was designed to interfere with an existing marriage.
Moreover, it was noted that Han and Yang were in a “cooling-off” period after submitting their divorce application, meaning the payment did not meet the legal criteria for a refund.
The cooling-off period, introduced in 2021, requires couples to wait 30 days before their divorce is finalized.
Legal implications and social media reactions
The case also highlighted Han’s financial actions during his affair. It was revealed that Han spent over 6 million yuan (US$825,000) on Shi without his wife’s knowledge, raising questions about potential legal repercussions for bigamy.
Legal experts weighed in, with lawyer Yue Zengchao explaining that assets acquired by a married man during an affair without his wife’s consent are considered jointly owned by the couple.
This means that the wife could legally demand the return of her share from the third party. The case has stirred widespread conversation on Chinese social media, with many people calling the court’s decision a win for justice.
One commenter stated, “Taking the money and refusing to divorce – this is the perfect way to make her lose both the man and the money!” Another humorously questioned, “What kind of man is worth 1.2 million yuan?”