Cross-border Divorce in China: Choice of Law on Division of Matrimonial Properties

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…

Do China courts have jurisdiction over divorce of two foreigners?

With more and more foreigners working and living in China, we have received quite a number of inquiries from foreigners in China who wish to divorce in China with their spouses 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 submited to China courts for resolution, will China…

Mainland and Hong Kong mutual recognition and enforcement of family court judgments

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…

Change title of China property based on a foreign court judgment?

A client from United States just got divorced with his American wife  through court proceeding, and in the American court judgment, a piece of real estate that was bought by the couple in Shanghai China was ordered to be owned by the husband only and the husband in turn will pay a sum of money to the wife.

Now the question is whether and how the husband can remove…

Can I Divorce in a China Court?

I was approached for advice by a foreigner in regard of his contemplated divorce in China with his wife who is also a foreigner.

The facts of the case are: the couple, the husband from USA and the wife from East Asia, got married outside of China; the husband has been working in a Chinese city for more than 3 years, establishing his domicile in China under the…