China Family Laws

this is about legal issues relating to cross-border marriage, divorce, inheritance, succession, estate planning and other general civil law issues such as tort, road traffic accidents, personal injury, which often confront expats in China.

Are the Assets in Your China Family Trust Really Safe?

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As we have pointed out in the past in our posts, family trusts in China are of a rare species, mainly because family trusts, an imported legal concept from abroad, have no local soil in history for them to thrive in China.

Can a Trust Provide Asset Protection from Lawsuits?

Recent years, family trusts are a hot topic in financial industry with more and more Chinese rich families are faced with the problem of family …

What Does Inheritance Mean under Chinese Laws?

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Over years, our team has practiced the inheritance/succession law and estate planning for foreign clients with assets in China. In most cases, we have no problem of explaining what inheritance means under Chinese law, but we do have a dispute over what we should do to complete the inheritance of his late father’s estate property in Shanghai, China.

What Does

What if a Party to a China Court Proceeding Dies?

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It is not uncommon that a person dies during an ongoing court proceeding.

What is Probate Law? - Widerman Malek, PL
China Probate Law

So, what will happen and ensue upon the death of a participating party to a court proceeding under Chinese laws? It is more of a procedural issue than a substantive one. Therefore, we should find answers in China Civil Procedure Law.

  1. Stages/Proceedings of a Civil Case under

Landmark Victory: Guangdong High Court Order Lower Court to Exercise Jurisdiction Over Divorce of Two-Foreigner Couple

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It has almost been two years till we attained this long-awaited victory for our client, removing the blockage for the two-foreigner couple to divorce in China court.

Two Foreigners Divorce in China-Jurisdiction Issue

Indeed, at the time of receiving the decision of the appellate court, the client and us almost gave up. We didn’t because there was no other solution…

Good News for Full-Time Housewives: China Landmark Case Ordering Compensation for Housework

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According to news from Beijing Court Network on February 4, 2021, Beijing Fangshan District Court applied the new provisions in China Civil Code and awarded compensation to the full-time housewife in a divorce case for the first time.

Woman Receives $ 7,000 Compensation For Housework In A Breakthrough Chinese  Divorce Decision - Ohio News Time

In the case, the full-time housewife Wang claimed that she was entitled to housework compensation because she was responsible…

The Cooling-off Period in Divorces and Its Impacts

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Since January 1, 2021, with the promulgation of the Civil Code, the cooling-off period of divorce has been officially implemented in the divorce registration process, which has aroused widespread concern in the society. Some people suggest that this is conducive to preventing impulsive divorce and providing the spouse with the opportunity to repair their…

When a Common Law Court Decides on Inheritance of China Real Properties: a Lesson from Vucicevic v Aleksic (2020)

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I was referred to this judgment of UK court on the STEP Forum for UK practitioners.

It is interesting to see the problem arising in that case: a duly issued court decision by a UK court cannot be enforced in Montenegro simply because the UK court judgment failed to clearly describe the accurate address of the property in question.

I am a bit surprised by the fact that…

Steps for Incorporating a Foreign Direct Investment Company in China

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It is sad that to date the whole world is still clouded by the Covic-19 pandemic, and we have all had a hard time for the virus.

world pandemic demographic as of October 22, 2020

Though China was initially hit hardest early January and February, the country has however miraculously contained the virus quickly and effectively. Consequently, after a period of stringent…

Should I Write a Separate Will for My China Assets?

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This question has been raised frequently over time. A recent inquiry was from a client in UK who has a couple of real properties in China. Upon working on his estate planning, he wondered whether he should write a single will covering both his UK and China assets or write a separate will for China assets. By the way, the inquirer is British, domiciled and habitually…

Right of Residence and Cross-border Estate Planning for Properties in China

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Right of residence? Something you may have not heard of before in China. It is no wonder since this new legal concept is just recently created in China Civil Code, which has yet to take effect on January 1, 2021.

Mother's right of residence and my tax bill
Your Home Owned by Others

I. What is Right of Residence?

First, right of residence is a right in real properties, and to be more specific, a right created in…

Cross-border Estate Planning: China Round-Trip Investment Rules

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To many, estate planning is just a part of family law practice having little involvement of corporate and investment laws. It is no longer true in today’s world when clients often have their major assets in the form of ongoing businesses, i.e., companies or corporations.

I. Why Round-Trip Investment Is Relevant

There has been growing demand among Chinese…

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