Getting divorced in China-Divorce in China

Divorce is a painful experience for everyone especially if you are in a foreign country.

This post will give you a rough picture of how to get a divorce in China and It may not cover every possible detail.

 

Basic rules to get a divorce in China

 

The first question pops up in your mind:  Can I get a divorce in China?Yeah, this is a really good question and you should be clear in the first beginning.  The Chinese divorce law can regulate the following situations:

  • If you married a Chinese woman or man, Normally The Chinese local court has the right to hear the case.

But you should file the lawsuit in the local court (birthplace) or where the defendant lives.

  • If you are married in your own country or any other foreign country, but currently you are both working or living in China. In this situation, The Chinese local court can also have the right to hear your trial.
  • If you are married to a Chinese, but He or She is living abroad. The Chinese court can also hear the case.

Just remember normally you can file the lawsuit in the court ( the defendant birthplace or resident place) in China

  • If you are a foreigner in China, your wife or husband (not Chinese) is in another country and also you are married in China. In this case, The residence Chinese court can hear the case.
  • If you are married in your country or any other foreign country with a non-Chinese, The Chinese court can hear the case on the following situations:

If You live in China and Your wife or husband filed a divorce in China, The Chinese court can hear the Case, but You can not file a divorce against the counterpart abroad.

What should you prepare to file a divorce in China for a foreigner?

  • a notified certificate of your marriage ( if you are not married in China )
  • indictment (Normally drafted by a lawyer)
  • asset list
  • legal proof of residence
  • Passport and visa
  • other stuff required by local court

Splitting Asset and child custody

 

There are a few things you may need to consider when you consider a divorce in China.

Some principles and guidelines to a Divorce in China. 

  • Equally, divide the common asset and properties
  • Alimony to the kids ( 20-30% of average local income)
  • Mortgage (The house owner should bear the dept)
  • Debt  Court fees
  • Court fees: 50-300 RMB if asset is below 200000;
  • If the asset is over 2000000, Court fee will be 0.5% of your total asset.

Attorney fees ( different pricing plans from different lawyers)

  • Bill per hour( 300-2000 RMB Per Hour)
  • Bill per case ( a package deal)
  • An amount of Service fee+ 5%-10% of your asset

How to find a Criminal Defense Lawyer or attorney in China

A lot of expats or foreigners right now live and work in China and you maybe have to deal with police everyday. If you face unfair charges or are being arrested in China, you will have to hire or entrust a defense lawyer or attorney to defend your legal right.

If you are under arrest, your friends or family can hire attorney or lawyer to visit you in the jail. Your friends or family wont be allowed to visit you unless being accompanied by a lawyer or an attorney. So if you commit crime or are arrested in China, Lawyer or attorney will be very important to your legal rights.

 

When can you hire a lawyer or attorney?

After you are interrogated for the first time or in the criminal coercive measures, you can hire or entrust a lawyer or attorney to defend your legal rights.

 

How does lawyer charge in China?

  • Visiting your friend or family member with a lawyer company in jail will cost about 2000 RMB.
  •  Bail: Getting Out of Jail After an Arrest normally cost you 5000 RMB
  • In the trial, Chinese defense counsels or attorneys will normally charge you by a fixed amount of fees from 50000-80000 RMB according to different levels of your crimes.
  • The defendant can also appeal to the senior court after the first trial in China and in this procedure, normally Counsels or lawyers will charge you around 2000-40000RMB.

I have worked with a few excellent defense counsels across in China but I am located in Beijing and Hebei province. If you are in need of an attorney or lawyer in China, please contact me and I can get you a good and affordable attorney in any major cities in China.

Since 2012, I have focused on helping foreign clients living and working in China. I have helped a lot of foreigners or expats in Beijing, Dalian, Shanghai and also other cities in China.

 

 

 

 

How to buy a house or apartment in China?

Many expats and foreigners are now working in China and some of them want to land in China. Beijing, Shanghai, Shenzhen, Guangzhou are the most popular cities for Foreigners in China and The chinese real estate market is very promising and sound. It is believed that the housing market is continuing to soar in the near future.

Does China allow foreigners to buy a house or apartment in China?
Yeah, you can buy a house in China, but you will have to comply with a few rules in China:

Buy a house or apartment in China with Cash
1. You have worked or studied in China over a year
2. Legal residence in China with a valid passport

Buy a house or apartment in China with mortgage:

1.Valid Passport
2. Income status
3. Marriage status
4. Consent from you spouse
I just listed the basic rules above and for more detailed information, i will write another post next time.

For married couple, you can register the house or real estate under your names including you and your wife or husband. It will better protect your interest in the marriage and also the house purchased during the marriage is the common wealth.

When you get divorced, how to split the property or the house?
If it’s the common wealth, either of you can get the house but the one who get the house need to pay half value of the house to the other. The house will be evaluated by real estate appraisal agentcy.

How to find a divorce lawyer in china

China is a big country and there are many lawyers available in China. I have got many emails  from foreigners or expats in China about the divorce in China. The intermarriage between Chinese and expats are increasing very fast in the last ten years. The intermarriage is very fragile and easily to broken up in the initail five years. Many foreigners or expats in China can’t speak Chinese well, and when they encounter divorce in China, they will need a divorce attorney.

The main problem is that where you can find a good English-Speaking Lawyer in a specific city. You can easily find English-Speaking Attornies in Big cities like Shanghai, Beijing and Shenzhen. But it’s very hard to find a good attoreny in rural places and coutryside.  But there will be alternative solution to that and you can find a lawyer in the capital of each province. As the capital city of each province, It will be easier to find one who can speak English and handle your case.

I have known a few English- Speaking lawyers  in many cities of China and if you are in need of a lawyer, please let me know and i can help you find one.

iKang filing an IPO to SEC to list in Nasdaq Stock Market

 

IKang Healthcare Group Inc., a privately held Chinese health-care services provider, is planning to raise up to US$150 million in an IPO on the  Nasdaq stock market, in the latest Chinese company listing planned for the U.S.

IKang  alleged  Chinese social medical insurance hasn’t coverred physical examination service  and people are likely to have physical examination service in public hospitals but more and more  consumers begin to choose  private service with a higher quality.  According to the Prospectus, Ikang runs 42 medicial service  center and also  partners with more than 300 third party service centers.  Ikang has a revenue of 134 million usd  by the end of 2013 with net profit  43% up from 2011 fiscal year.

Quihoo Loses Unfair Competition Appeal Against Tencent

(source by bloomberg.com) Qihoo lost an appeal to China’s Supreme People’s Court against a ruling that it engaged in unfair competition against tencent, according to an official  tweet on microblogging site Sina Weibo.

Qihoo made negative comments against the software and services of Tencent’s QQ instant messaging service, the court said. China’s top court is also considering a separate appeal by Qihoo against another ruling that it had failed to show that Tencent had market dominance in instant messaging that harmed competition.

The dispute between Tencent and Qihoo began in 2010, when Qihoo said Tencent invaded the privacy of users through an anti-virus program coupled with QQ, according to the official Xinhua News Agency. QQ had more than 816 million monthly active users by the end of September, Tencent said in its earnings filings in November.

Qihoo then offered its own security program and Tencent warned its users that this software could cause QQ to not operate properly, according to Xinhua.

http://www.bloomberg.com/news/2014-02-24/quihoo-loses-unfair-competition-appeal-against-tencent.html

Splitting real estate in divorce in China-How to divide property in a divorce

 

[avatar user=”johnw” size=”medium” align=”left” link=”http://www.divorceinchina.com/about/”]attorneyinchina@foxmail.com[/avatar]

Recently I received an email from a foreigner D from Beijing and he was considering a divorce with his Chinese Wife.
D married his Chinese spouse (Changchun) on 14-06-2007 and had been breadwinner from the moment he got married. Their real estate registered on his Chinese spouse, which she bought in 2005 (before marriage) D had financed the decoration and furnishing of the real estate also had paid the mortgage loan from the moment they moved in and his wife never had a job or any income to support the family. They got married in  Tianjin 

A Little Background on splitting real estate in China

JUDICIAL INTERPRETATION III ON MARRIAGE LAW

Under this new interpretation, upon divorce, if the couple cannot reach an agreement on the disposition of the real property, the court will rule that the house and the remaining mortgage loan will respectively be the personal property and debt of the spouse in whose name the house is registered, and the portion of mortgage loan jointly paid up by both and the commensurate portion of increased value of the real property shall be regarded as community property and be split between the spouse.  I will share a couple of common questions you may also want to ask:

  • Based on above Judicial Interpretation III on Marriage Law, Can The co-owner of real property fruit  real estate value increase from marriage during time  (You can share the added value and get compensation in terms of  mortgage,decoration,and furnishing. )
  • Does the Chinese spouse have the legal authority forcing you to leave your real property as long as you are married? ( If you are still in marriage, Police won’t force you to leave your house. )
  • In case the Chinese spouse reject to compensate me properly at divorce, do you need to start court proceedings?( That will leave you no choice but going trial.)
  • In case You need to start divorce court proceedings is it necessary to hire a Chinese divorce attorney? If you have a good knowledge of Chinese, you can go to trial yourself. If you can’t, You will be provided with an interpreter and fees are on you.  Better hire an attorney to help you.
  • In case  divorce has to go trough court proceedings what change do you have being properly compensated? Find an dedicated attorney to help you and collect as much as possible to back you in court trial.  Bank transaction, purchasing contract,any proof to show your wife has no income and no money
  • How much time can take the divorce court proceedings in a worst case scenario?  Normally the court will rule in 6 months.
  • Does divorce court proceedings need to take place in Beijing or Tianjin? If you and your wife are both in beijing, beijing court will hear the case and no need to go to Tianjin.
  • What is your fee of a Chinese divorce attorney?   Need more detailed information. Normally, you will have to pay for attorney fees by hours or can propose a fixed plan to your lawyer. 

Do you need prenup before getting married? If you don’t any serious property, prenup isn’t necessary. If you have real estate in China and also you are thinking about getting married to a Chinese Woman, a prenup will save you from a divorce when splliting your real esate.

 

Chinese companies face more challenges in USA Market

The U.S. International Trade Commission (USITC) today determined that revoking the existing antidumping duty order on steel wire garment hangers from China would be likely to lead to continuation or recurrence of material injury within a reasonably foreseeable time.

As a result of the Commission’s affirmative determination, the existing order on imports of this product from China will remain in place.

ITC complaint is a nuclear weapon for american companies to attack any Chinese vendor who wants to reap the market in USA. Most Chinese companies have no idea of dealing with investigation from ITC and also can’t afford the cost to hire American law firm to help them. I Personally call upon the Chinese companies join the battle together and share the litigation cost. Litigation is costly and time consuming in usa and most Chinese entrepreneurs will choose to ignore the ITC investigation. Normally, they will abandon the USA market. Most Chinese entrepreneurs will only focus on demestic market and has no vision for the oversea market. Huawei is the most innovative and global technology company in China but still have troubles in doing business in America. Huawei recenly announced abondoning USA telecommunication market after years’ hard working.

American market is not friendly to Chinese companies but many more Chinese companies are interested in USA market in order to achieve success globally.

Potential Risks Chinese companies need to know:

America is one of the most innovative and competitive market in the world and it’s very hard for Chinese Companies to win the customers’loyalty.

USA law and regulations is quite different from China and legal risk is the potential barrier in USA market.
Recent developments in U.S. law make clear that a U.S. company may face
serious liability under U.S. laws, including criminal laws, even though it
carefully trains and oversees its employees. These new legal developmen
create particularly difficult risks in emerging markets where corruption
and other forms of illegality are rampant.

Chinese companies don’t believe in law and tend to ignore legal risk. This is a serious mistake for Chinese companies. Any Chinese company should hire law firm to do legal search on the potential risk in order to run business in USA.

How to open/register a WFOE/WOFE in China

A WFOE is the best solution to start a business in china and it can implement your  global strategy independently.  More and more foreign inverstors are likely to get a WFOE registered in China to start their business in China.

Setting up a WFOE is a little bit time consuming process and you had better hire a law firm or consulting company help you incorporate a WFOE in China.

General procedures you can refer to:

  • Name Approval
  • Investing Approval certificate  from China foreign investing Committe
  • Apply for business operation license from China Industry and Commerce Administration
  • Obtain organization code (company ID)
  • Obtain Tax ID
  • Obtain Statistics ID from statistical bureau
  • Obtain Financial registration number

In order to complete each procedure, you will need to submit different documents to various departments. So, hiring a good law firm or registration agent is very important. You can refer to the following chart to understand WFOE in China

Wholly_Foreign-owned_Enterprises

Tesla need a Partner if they want a factory in China

[avatar user=”johnw” align=”left” link=”www.divorceinchina.com/about/”]attorneyinchina@foxmail.com[/avatar]

Due to the seriou smog problem in China, Clean energy electric cars will defnitely prevail in the Chinese  car market. Tesla  has good start in China and Chinese consumers are talking about Tesla on social medias. Also, Tesla has successfully resolved the trademark in China. They have take the trademark back from a business man in China and now they can use the chinese trademark in China. The chinese trademark is called Te Si La which the chinese translation of Tesla. Like i had wrote in another post, Tesla would definitely get the trademark in China. 0124_tesla_full_380

                                 Tesla having trademark problem in China

Right now Model S all-electric battery car  is  $81,070 in the United States but priced at $121,300 in China after shipping costs and import duty and other taxes. If they can build a local factory, the customer can get car subsidy from the goverment and makes tesla more even competive. Each electric car will be given about 10000 USD subsidy normally.

If they want to build a factory in China, they will have to find a partner in China according to the Chinese car industry policy.  Chinese electric car market will become the biggest market in the world.

Tesla may even build a factory in China–dodging those import tariffs and making the Model S even more affordable in an interview with Tesla Ceo Elon Musk.