 There is an irrefutable presumption that the marriage has broken down if the parties have been living apart for one year and both apply for divorce or if the respondent consents to the divorce.After a separation period of three years, there is an irrefutable presumption that the marriage has broken down, without any comments being required from the parties to the proceedings.In China, divorce does not come as easy as considerations of children such as custody and their support, as well as property are considered for divorce .