Things to know to get divorced in China

It will be a little complicated for foreigners in China to get divorced

1.If you and your wife are married in china, you can go to the Civil Affairs Bureau to get divorce by agreement. It only takes a day.  You will be required to be present along with your wife at the Civil Affairs Bureau.
Bring your certificate of marriage along with your passport/visa. If you don’t want to go to China, you will have to get divorced only by court.
You can talk to your wife and let her file a case against you and you can have your attorney take care of all your Litigation.
 
2.If you two aren’t married in China, you will have to go to court to get divorced.  You can entrust an attorney to represent you in court.

How to rent a car in Beijing

How to rent a car in Beijing

If you want to rent a car in Beijing, you will have to obtain a Driving license from The Beijing Traffic Management Bureau. It will be a little hard for expatriates to pass the driving test in China. There is an alternative option and you can apply for a Chinese driving license if you have driving license obtaining from motherland

You will have to provide the following documents;

You should fill the vehicle driving license form,

1.Your Passport

2. Good stand of health by a local hospital (they will name a list)

3.Translation of your driving license in Chinese Version 

持境外机动车驾驶证的人申请机动车驾驶证,应当填写《机动车驾驶证申请表》,并提交以下证明、凭证: 
(一)申请人的身份证明; 
(二)县级以上医疗机构出具的有关身体条件的证明; 
(三)所持机动车驾驶证。属于非中文表述的,还应当出具中文翻译文本。

How to pay Child Support In China

Every man loves his son or daugther and is willing to pay Child support for them. If you get devorce in China, how much should you pay? According to Chinese divorce law, 20% of your income will have to go to child support and the best part to get divorce in china is there is no alimony to your life and also it’s cheap.

If you don’t have a job, do you have to pay for child support? Yes, you have to but if you refuse to do so and your wife will have to file a case in the court to make you do it.

 

 

How to get a divorce for expats/foreigners in Beijing | China

 

Where once divorce was extraordinarily rare, now  divorce rate increases to 20% percent in China. International Marriages aren’t that easy and couples need more effort to work on that. I am so sorry  my job is to help people divorced.

Anyway, When you can’t love your husband or wife anymore,  then divorce is the only solution to pursue your happiness in the future.

Divorce is, generally, a simple case in China if both parties  are agreed to the divorce and there  is no children custody involved. In Beijing, the procedure for foreigners to divorce their Chinese spouses is the same as regular chinese couple.

According to the Beijing Government website, to get a divorce you should go to the Division of Foreign-Related Marriage Registration at the Beijing Civil Affairs Bureau and file for divorce. If you’re not in Beijing you go to the local Civil Affairs Bureau. You bring your marriage certificates, a divorce agreement signed by both parties along with your passort.

The tricky part of divorcing in China comes when the divorce is against the will of either spouse. Chinese divorce law will require mediation in these cases, and only if the mediation fails will the divorce be granted. Divorce is also automatically granted in cases of abuse, drug use, gambling, and desertion.

Divorce for expat can be very different than for Chinese in China. You may not be sure whether or not a Chinese attorney is appropriate in your case. Some expats are concerned that hiring a Chinese attorney will make the divorce messier or more hostile especially China is not the expat’s motherland. You also may not be sure whether or not the Chinese court has jurisdiction.
When Is the Best Time to Hire a Chinese Attorney?

If you are facing divorce, there are many good reasons to hire a Chinese attorney as early as possible, including:

1. Protection of your property rights;

2. Protection of your custodial rights if there are children involved in your marriage;

3. An attorney can help limit the emotional side of divorce, making it more about the business of dividing assets and coming to an agreement about child custody (if applicable);

4. An attorney will understand the divorce law and divorce practice in China and be able to tell you what your rights and responsibilities are;

5. You won’t have to handle the paperwork or filing procedures; An attorney will do this for you; and

6. If your marriage was not registered in China, you may not be sure whether or not the Chinese court will have jurisdiction over your divorce, an attorney will give you advice how to start the action or mediation.

 

If Your Ex Hires a Chinese Attorney

If your ex hires an attorney, it is wise to also hire an attorney. You should not work with your Ex’s attorney without assistance of your own counsel because your Ex’s attorney will be acting on her /his behalf and in her/his best interest, not yours.
If You Have Children

Child custody is complicated and you likely want to protect your rights as a parent. An attorney can help you by coming up with a strategy that best suits your wishes as a parent. There may be child support and spousal support issues the attorney can help you work out as well depending on incomes of the parties and the length of the marriage. Different city in China has a different level of child support in practice. Although there are some provisions or legal interpretation regulating the child support, the practice is totally different. So your attorney will limit your child support and also protect your children rights or interests.
Collaborative Divorce

Not all divorces are messy court battles. You can seek out an attorney whose practice is focused on collaborative divorce. This means that the parties agree to an out of court divorce. It is similar to mediation in that it aims to find an agreement that will work for and satisfy both parties. This can be a less stressful way to get a divorce.
Getting the Advice of a Chinese Attorney

An experience divorce attorney can help you come to an arrangement in your divorce that focuses on what is most important to you. By using an attorney, you can minimize much of the emotional charge that surrounds divorce. An attorney will have your best interests at heart and will advise you of your options while listening to your needs.

How to divorce in China

Who can get divorced in China

There are three main categories of married couples that can get divorced in China. Firstly, a Chinese citizen married to another Chinese citizen can get divorced in China, even if the couple do not live in China. Secondly, foreign citizens married to Chinese citizens may get divorced in China, even if the couple do not live in China. Lastly, a foreign citizen living in China for over one year married to another foreign citizen for over one year may also get divorced in China.

 

Contentious and non-contentious divorce

 

In China, unlike many other jurisdictions, there are two different ways to get divorced. Couples may divorce by agreement or by litigation.

 

Divorce by agreement

 

A divorce by agreement is permitted where both parties to the marriage desire a divorce. In an agreed divorce the parties are generally free to negotiate child support payments, visitation and property division. If an agreement can be reached and the necessary legal formalities are met then a divorce certificate may be issued by the Marriage Registration Office. This process can often be completed very quickly. The rapid conclusion of a divorce by agreement can help to avoid the emotional strains of a protracted divorce. However, if an agreement is not reached by both parties on all the issues the divorce will need to be conducted through the courts.

 

Divorce by litigation

 

Where only one party desires a divorce the divorce must be conducted through the courts. A contentious divorce will only be granted by a court when one of following conditions is satisfied:

 

●  where circumstances causing the alienation of mutual affection exist
●  where the parties have lived separately for over 2 years because of incompatibility
●  where one party has committed bigamy or has cohabited with a third party
●  where one party is guilty of domestic violence or has maltreated the other party
●  where one party has a long-term gambling or drug addiction
●  where one party is declared missing
 

Where a divorce is conducted through the courts child support, property division and visitation will be determined through litigation or court approved mediation.

 

Divorce will also need to be granted by a court in two other circumstances. Firstly, two foreign nationals may divorce in China if:

 

  • the couple has been married for over one year
  • at least one of the parties has lived in China for over one year
  • both the parties desire the divorce

 

Secondly, unmarried persons that have cohabited since before February 1994 must pursue their separation through the courts.

 

There are also certain restrictions on when a husband may file for a divorce. Generally, a husband may not file for divorce:

 

  • within one year after the birth of a child
  • within six months after the suspension of a pregnancy

 

However, these restrictions will not apply where the wife is in serious default.

 

Whichever route you take, selecting the right law firm to handle your divorce is crucial, particularly when significant assets or large sums of money are involved. As the only dedicated English-speaking Chinese law firm with an international network of divorce expertise,the divorce team of Shanghai Dacheng Law Office is the right choice for any foreign national considering divorce in China.