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.

Foreign Grantor Trust: A Pre-immigration Tax Planning for Assets in China

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As a cross-border family lawyer in China, there are always clients from USA or China dealing with estates inheritance or asset transfer to United States. Very often, American tax issues are one of the core concerns. Thus, I have endeavored to take the trouble to understand American complex federal tax systems esp in regard of estate planning issues.

American

Death Compensation from Fatal Accidents Not Part of Estate of the Deceased under China Laws

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Dealing with inheritance issues, we occasionally encounter inquiries about death compensation arising from fatal accidents though we don’t generally deal with many personal injury cases in China. Instead, we focus on how death compensation is treated in the course of inheritance and estate administration.

Can the estate claim death compensation?

Cross-border Divorce in China III: a Closer Look at What Law Governing Division of Marital Properties

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We are talking about China courts dividing marital properties involved in cross-border divorce cases where choice of law applicable to the division of marital properties plays a deciding and vital role that could lead to wildly different result.

Cross-border Divorce and Property Division

By the way, this is not the first post discussing property division…

China Civil Code Amends Rules Regarding Marital Properties Bought with Parents Money

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A recent case prompted us to delve into the issue of ownership of home properties bought by couples with capital contribution from their parents.

Stunning Shanghai Real Estate You Can't Even Afford to Look at
Shanghai Luxury Property

It is commonplace in China (esp. in first tiered cities like Beijing, Shanghai, Shenzhen and Guangzhou) throughout the country, young couples often buy their first home, with substantial…

Can a Foreigner Take Life Insurance Proceeds Out of China?

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Insurances are popular in China. People in China rural villages are buying various insurance products, mainly, health insurance, and personal accident insurance. In urban population, many people buy life insurances (with dividend payout or investment components), and annuity insurance as well.

Problem of China Life Insurance with Foreign Beneficiaries

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…

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