Dividing real estate during a cross-border divorce in China can be complex, influenced by several key factors. This article provides insights into the critical aspects that determine how properties purchased during marriage are split, especially when one spouse is foreign. 1. Core Principle: Real Estate Law of the Property’s Location Applies In cross-border divorces, the fundamental principle is that the property law of the location where the property is situated governs its division. According to Article 36 of the Chinese […]

In China, the dissolution of marriage can be pursued through two primary methods: consensual divorce and litigation divorce. Below is a detailed explanation of each process, designed to provide clarity and a professional outlook on how to navigate divorce in China. Consensual Divorce (For Couples Married in China) Eligibility and Process: Consensual divorce is available when both spouses mutually agree to end their marriage. This process allows the parties to negotiate terms regarding child support, visitation rights, and the division […]

In this comprehensive guide, Attorney Wang Ao from the Shenzhen office of Landing Law Offices explores why foreign plaintiffs should consider filing lawsuits in China first. This article also outlines strategies for winning cross-border lawsuits, particularly in light of the newly amended Civil Procedure Law of the People’s Republic of China (effective January 1, 2024), which introduces significant changes to cross-border litigation. Abby Wang, Partner at Landing Law Offices and ranked first in Greater China’s legal practice area by the […]

If you’re planning to file a lawsuit in China, it’s essential to understand the legal requirements and processes to ensure a smooth and effective litigation experience. Here are the top points foreign litigants should keep in mind when pursuing legal action within the People’s Republic of China. 1. Understand the Chinese Legal System Thoroughly Foreign litigants should familiarize themselves with China’s unique legal system, which is rooted in civil law and distinct from the common law systems often used in […]

Divorce cases involving a Chinese citizen and a foreign national are legally permitted in China. According to Chinese law, these cases are adjudicated under the People’s Republic of China legal framework, including divorce-related matters like the division of property. Here’s a legal breakdown of how foreign-related divorce cases are handled: Case Overview In the divorce dispute between Xia and C. Roger Wayne (Roger), case number (2022) No.9897 Hu 0115 Civil Trial, Xia is a Chinese citizen, while Roger is a […]

In China, the dissolution of marriage can be pursued through two primary methods: consensual divorce and litigation. This comprehensive guide provides a detailed explanation of each process, tailored to offer clarity and a professional legal perspective. Consensual Divorce (For Couples Married in China) Eligibility and Process: Consensual divorce is an option when both spouses mutually agree to end their marriage. In such cases, the parties have the autonomy to negotiate terms regarding child support, visitation rights, and the division of […]

Introduction: In today’s society, with the increasing frequency of international interactions, cross-border marriages and issues related to illegitimate children are also on the rise. This article will combine Chinese judicial practices and relevant legal provisions to explore the legal responsibilities that foreign fathers of illegitimate children should bear under the Chinese legal framework. I. Custodial Obligations of Foreign Fathers of Illegitimate Children According to the Civil Code of the People’s Republic of China, parents have the obligation to nurture and […]

Introduction: With an increasing number of people considering transferring property to their children, the various taxes associated with different methods often lead to confusion. This article aims to compare the different methods of transferring property to children in the Shenzhen area, analyzing aspects such as taxes and transfer methods to help readers find the most cost-effective approach. I. Comparison of Taxes and Fees During the property transfer process, major taxes and fees to consider include land value-added tax, stamp duty, […]

Introduction: Child abduction cases are unfortunately not uncommon, often involving disputes between the parents. In Hong Kong, child abductions perpetrated by one parent fall under legal protection. This article will explore the impact of the Hague Convention on International Child Abduction on such cases in Hong Kong, and it will discuss the actions full-time moms should take to protect themselves and their children in such situations.   In Hong Kong, child abduction cases are governed by the Child Abduction and […]

After Tom married a Chinese girl named Xiufang, he always wanted to have a child. However, Xiufang discovered she couldn’t conceive after undergoing medical examinations. Tom consulted a lawyer, wondering if he could file for divorce in this situation. If Xiufang does not agree to the divorce, what can he do?   Attorney Abby’s Response:In China, if the couple cannot reach a consensus on divorce through consultation, they can only divorce through litigation. However, Tom cannot demand a divorce on […]