Emeline Hubert
Tel: 06 84 48 92 36

Chinese Divorce Agreement

Under the PRC Procedure Act, a national case that will be settled in summary proceedings lasts between 3 and 6 months. In international cases that may include the distribution of documents abroad and the collection of evidence abroad, the length of the divorce may be longer. In addition, the time limit for cross-border family cases is 30 days for cross-border family cases and, in domestic cases, 15 days. If you have any questions or concerns about the validity of a Chinese divorce in your home country, please ask us. It may seem ridiculous to ask, but in fact, this distinction matters a lot when it comes to ending a relationship. Legally married couples may decide to separate temporarily and hopefully reconcile or obtain a full and final divorce, meaning that the marriage will be permanently terminated by a trial. A legally obtained divorce is the only way to end a marriage for good and is necessary to remarry. With the filing of the divorce, many argued that a couple with two houses could then claim that each had only one house. In this way, they could technically avoid one of the houses being considered a second home which, under the new rules, would be subject to capital gains tax of 20% if sold. After the divorce and the sale of one of the houses, the couple was able to file a remarriage. Here in Shanghai, a registration center in Zhabei district said it had a record 53 divorce applications in one day, well above normal. When the Communists came to power in 1949, women were granted the right to file for divorce, but few even thought about divorce, because people were only fighting to put food on their tables. In the 1950s and 1960s, divorce from the communists was considered immoral and bourgeois.

A divorce required state approval, and it was often almost impossible to obtain. The few people who obtained divorce were often relegated or relegated to a rural area. Each case is different, but in the hands of an experienced Chinese divorce and family law lawyer, a divorce between two foreign nationals can be concluded in less than a month – provided both spouses can agree on all outstanding issues related to their separation. As an international expat divorce lawyer, Flora is often able to have the divorce validated immediately after the trial, which excludes weeks of waiting for the verdict. When it comes to divorcing expatriates in China, experience is the key factor to achieving a positive result. During the processing of a divorce, Chinese courts may also issue property orders and marital arrangements for all children. I have found that in more than ten years of practice in international family law, I am often asked, « Can I divorce as an expatriate in China? »


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