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

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