Divorce In China Faster And Professional

Divorce In China Faster And Professional

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DIVORCE IN CHINA
Divorce and Family Law in China

We are Chinese lawyers. We are experienced in deal with family law disputes, including but not limited: divorce, child custody, property division and so on.
According to Chinese law, divorce is never easy in china. We know the tendencies of the various judges in your jurisdiction and should be able to use this knowledge to your advantage. Our law firm can help you to make the divorce process faster and strive for your interest.

Our services including but not limited as follows:

Divorce Plan Suggestion
Marital Assets Division
Alimony/Spousal Support
Child Custody
Child Support
Child Visitation
Divorce by Consent
Divorce Agreement Draft
Divorce by Litigation
Appear in Court
Court Mediation Participation
Enforcement of Judgment/Settlement
Recognition and Execution of Foreign Marriage/Divorce Judgments

The divorce procedure is so complicated in china, but we can provide fast divorce service that you can have a final divorce as soon as possible with our Service.

If you have any questions about divorce in chian, please contact us:
Service hotline(wechat): Click to view

 

The divorce procedure is so complicated in china, but we can provide fast divorce service that you can have a final divorce as soon as possible with our Service.

There are two ways of divorce in China: Divorce by Agreement   and Divorce by Litigation .

Divorce by Agreement 

If the parties agree through consultation, they can agree to divorce. But there is a 30-day cooling-off period for an agreed divorce. As stipulated in the Civil Code:

Article 1076

Where both husband and wife intend to get divorced voluntarily, they shall sign a written divorce agreement and shall apply for divorce registration in person to the marriage registration authority.
The divorce agreement shall set forth both parties’ intention of voluntary divorce and consensus on matters of children upbringing, property and debt settlement through consultation.

Article 1077

If, within 30 days after the marriage registration bureaus receive the divorce registration applications, any of the parties does not want to get divorced, he/she may withdraw the divorce registration applications from the marriage registration bureaus.
Within 30 days after the expiration of the above prescribed period, both parties shall in person apply to the marriage registration bureaus for the issuance of divorce certificates; those who fail to make the application shall be deemed to have withdrawn the application.

Article 1078

The marriage registration office, after clearly establishing that both parties desire divorce voluntarily and have reached unanimity through consultation in matters of child rearing and property management and the handling of debts, shall grant registration and issue the divorce certificates.

If you don’t know how to write a divorce agreement, please contact our lawyer for advice.

Divorce by Litigation 

If both men and women cannot reach an agreement by consensus, they can only go to a court with jurisdiction to sue for divorce. The court will grant divorce under any of the following circumstances:

Article 1079 If one party alone desires a divorce, the organization concerned may carry out mediation or the party may directly file a divorce suit in a People’s Court. In dealing with a divorce case, the people’s court should carry out mediation; divorce shall be granted if mediation fails because mutual affection no longer exists. In any of the following circumstances, divorce shall be granted if mediation fails:
(I) Bigamy or cohabitation with another person;
(II) where one party indulges in family violence or maltreats or abandons family members;
or
(III) gambling, drug taking and other bad habits do not change after repeated education;
(IV) having separated from each other for two full years for lack of mutual affection;
(V) other circumstances leading to the shattering of affection between husband and wife. Where one party is declared to be missing and the other party starts divorce proceedings,
divorce shall be granted.

Where, after the People’s Court has made a judgment that divorce shall not be granted, both parties live apart for another year and one party files a divorce suit again, divorce shall be granted.

委托我们程序/PROCEDURE:

1、客户与我们律师事务所签订委托代理合同、授权委托书,并交纳律师费。
To sign the contract and the power of attorney with our law firm and pay attorney fees.
2、律师为客户起草起诉状及整理证据材料。
The lawyer drafts the civil compliant and collates the evidence materials.
3、客户签署起诉状,律师到法院起诉。
The client signs the civil compliant and submits to the lawyer, then the lawyer goes to court to sue.
4、法院受理案件,等待开庭。
The court accepts the case and then waiting for the hearing.

5、法院开庭审理,并作出判决。
The court hear the case and made a judgment.

涉外离婚的特点

►结婚容易离婚难
►离婚耗时长
►外国财产无法处理或执行
►抚养费或许无法执行
►涉外离婚方式选择
►涉外离婚和国内离婚不同,一般需要通过诉讼方式解决,即使双方都是协商好的情形,如果双方均是外国人或者婚姻登记地在国外,也须到法院才可以解决。

涉外离婚中不可避免的问题

►在国外的结婚证书必须经所在国公证并经中国驻该国使领馆进行认证后,中国法院才予以认可其法律效力。
►如何选择离婚管辖法院
►到法院起诉需要准备哪些法律文件
►孩子是外国国籍如何处理抚养权
►抚养费如何计算如何执行
►在外国的财产法院是否处理
►外国离婚判决涉及在中国财产的处理是否有效
►一方在国外起诉离婚,另一方是否还可以在中国起诉离婚
►双方均是外籍中国法院是否受理
►涉外离婚究竟需要多长时间
►不知道外国一方的居住地址如何起诉
►涉外离婚传票等法律文书如何送达
►公告送达需要多长时间
►缺席审理可以判决离婚吗
►诉状、传票、应诉通知、举证通知需要翻译吗
►在国外达成的离婚协议是否有效
►外国离婚判决在中国认可吗
►如何申请承认外国离婚判决
►如何申请承认外国离婚调解书
►涉外离婚如何聘请律师

 

 

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