China Family Laws

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…

Highlights of Changes to China Marriage Law Brought About by PRC Civil Code

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China enters an era with a civil code - CGTN

The highly expected Civil Code of People’s Republic of China (“the Civil Code”) was adopted by the 13th National People’s Congress (” NPC “) on May 28, 2020 and will take effect on January 1, 2021, in which Part V is “The Marriage and Family”. Upon the implementation of the Civil Code, the current China Marriage Law will be repealed simultaneously,…

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…

Inheritance by Foreigners of Personal Properties in China: Bank Deposits (II)

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We have written a lot of posts related to inheritance of real estate (real properties) in China. Frequently, we get inquiries about and deal with inheritance of personal properties such as stock/equity interests in a company or bank deposits/cash in China.

It is worth a separate post because the rules regarding inheritance of personal properties are quite…

China Civil Code to Reform China Inheritance Law: Estate Administration and New Form of Will

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On May 28, 2020, China has just enacted its first Civil Code, to be effective as from January 1, 2021, a long-awaited legislation that aims to codify China’s fragmented civil laws. Brought under its umbrella are China Civil General Provisions (Chapter I), China Property Law (Chapter II), China Contract Law (Chapter III), China Personal Right Law (IV),…

Video: make a will for your China assets and the points you need to know

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My second video on YouTube channel (China Family and Business Laws) talking about how a foreigner or Chinese living outside of China should consider when they make a will for their assets in China.

I am still trying to accept my own voices and sounds when I find a bit strange. 🙂

Ok, here is the link if you wish to listen, and you are welcome to subscribe this Channel …

My YouTube Channel (China Family and Business Laws) Came Online Today

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I know I should have done this much earlier, as part of my digital marketing efforts. However, to launch a YouTube channel posting videos is so much different from just writing posts esp when I have to speak English in the video.

But I understand a live person in the video will present a much better impression on audience. People who may need our help may have serious…

What Can You Do about Your Tenancy-in-Common Properties in China?

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As you know from posts on this blog, we deal a lot with inheritance issues on behalf of foreign clients with respect to estate properties in China. Very often, such inheritance of properties (typically real estate properties) will end up in a co-ownership of the properties by two or more heirs or beneficiaries. Well, if the co-owners are on good terms, everything…

Cross-border Divorce I: Jurisdiction Matters a Lot

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Every marriage has an end.

Years ago, when I talked with a foreign lawyer friend who used to work in China law firm about cross-border divorces, he mentioned about his parents divorcing across USA-Israel borders, emphasizing the importance of choosing the favorable jurisdiction to litigate. When I started to focus more on cross-border family laws, I have …

Purchase China property in the name of your Chinese girlfriend or wife?

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Very often we get inquiries from foreigners pertaining to purchase of China properties in the name of their Chinese girlfriend or wife for the reason that they are not qualified to purchase properties in China (China has placed restrictions on foreigners buying properties in China ever since 2006). But they are concerned about losing the property once their…

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