A recent case prompted us to delve into the issue of ownership of home properties bought by couples with capital contribution from their parents.
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…
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…
Recently we are dealing with two interesting cross-border divorce cases. The parties to the divorce don’t have habitual residence in China but they have real properties situated in China that need to be divided and partitioned. An interesting legal issue regarding the choice of applicable law appears here that doesn’t seem to be clear in judicial…
With more and more foreigners working and living in China, we have received quite a number of inquiries from foreigners who wish to divorce their spouses in China who are also foreigners.
But what is the take of Chinese courts regarding jurisdiction over such cases? In other words, if such a case is submitted to China courts…
Again this is a post for people who are caught in a divorce proceeding in either China or a foreign country but have marital properties located in China, in particular, real estate such as apartment, house, office or industrial premises.
As a Chinese tradition, parents often buy properties for their children even when they are very young or still babies. Nowadays,…
We all love money but hate debts. In particular, you extremely hate paying debts incurred by others, even if debts incurred by your other half.
In response to the outcries from Chinese wives, on January 17, 2018, China Supreme Court issued a brief new interpretation (hereinafter the “New Interpretation“) on how to decide on what debts shall be …
This is a new sign of integration of Hong Kong into its mainland. The two sides now mutually agreed to recognize and enforce the family court judgments delivered by the courts in the other side in full aspects, meaning that clients who have obtained a divorce judgments (child custody or other family issues decisions) from Hong Kong court (vice versa) can now request…
A client asked an interesting question regarding her attempt to divide her husband’s equity interests in a China limited liability company. Here is the story: the Chinese lady client got married with a foreigner husband ten years ago and now they are in the process of divorcing. The husband has invested indirectly through a BVI company, in a foreign-invested…
As a part of family law practice, divorce cases are increasing in China esp in first-tiered cities such as Shanghai, Beijing and Shenzhen.
With the number of cross-border marriages between Chinese and foreigners, it is good for the foreigner spouse to understand the legal environment in China in case of an inevitable divorce, in particular, in terms of the …
This post is copied from huffingtonpost.com. Good points for people in failing marriages to know and consider. However, when it comes to divorce, or anything involving deep feeling and emotion, no one is as sober as a third party bystander. But, I am not saying the bystanders know the best thing for the people caught in divorce. People are just different.…
Jason Tian, the blogger, Senior Partner at Shanghai Landing Law Offices. You can reach him at: [email protected] or [email protected], or call him directly at+86-13816548421 (also his WhatsApp)
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