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General Rights and Obligations of Married Person Under P.R.C. Law

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f you are going to marry a Chinese lady, you are recommended to know the rights and obligations of married person on China. We are China lawyers handling family law and divorce matters.

Personal rights and obligations:

  • Husband and wife have equal status in the family and are free to use his or her own surname and given name.
  • Either spouse has the freedom to work, to study and to participate in other social activities; neither party may restrict or  interfere with the other party.
  • Both have the duty to comply with birth control law.

Property Related Rights and Obligations

  • All property owned by either husband or wife is marital property is a default rule, unless the claimant can prove otherwise.
  • As a default rule of equitable distribution, marital property is split 50:50 between husband and wife.
  • Unless otherwise provided by written agreement, the property obtained by either husband or wife before the date of marriage is personal property and the other party is not entitled to share.
  • Unless otherwise provided by law or written agreement, any property obtained by either party is marital property that jointly owned by the spouses from the date of marriage.  There are several exceptions, such as gift by either party’s parent.
  • A prenuptial that is written is valid. Spouses may also enter into agreement in the course of marriage setting forth the ownership of property with few exceptions.
  • Most debts incurred by either husband or wife during their marriage burden both, unless creditors know the existence of an agreement between the spouses stipulating separate responsibility for debt.
  • Husband and wife have the obligations to support each other during marriage, while they usually do not have to support each other after divorce.  A spouse is obliged to “assist” the other party to support the other party’s parents.
  • Husband and wife have the right to inherit each other's estate by law.
 

Shanghai Divorce Lawyer: Things You Should Know When Decide to Divorce

Divorce is death of a marital relationship that is supposed to last a lifetime. For whatever reason -- broken promises, infidelity or poor communication -- some marriages do not work out. When a divorce is contentious, most couples hire an attorney to ensure that assets, child support, alimony and other aspects are handled fairly and equitably. When you decide to divorce in Shanghai, our Shanghai divorce lawyer comes into play.

Grounds for Divorce in Shanghai

Most states allow you to file for divorce based on certain grounds. "Grounds" refer to the reasons for the divorce, and these reasons can vary from state to state. Grounds could include adultery or abuse. Some states will grant a divorce if your spouse has been imprisoned for more than one year. Many states also allow divorces based on irreconcilable differences, which means you and your spouse no longer get along in such a way that the marriage can be maintained. This is often called "no-fault" divorce, meaning no blame is assigned to you or your spouse.

Contested or Uncontested Divorce

A divorce generally takes one of two forms. In a "contested" divorce, the parties do not agree on how to resolve the marital issues, or one person wants the divorce and the other does not. Disputed issues can include alimony, child support, child custody, and how to split the marital assets. If the spouses cannot reach an agreement on these matters, contested divorces are decided by a judge. An "uncontested" divorce means both parties agree to the divorce and have reached a mutual agreement on how to resolve the marital issues without the court's help.

If your divorce is uncontested, meaning you and your spouse have worked out the terms, then it's usually a matter of the lawyer making sure all issues have been addressed. The legal fees are generally lower than a mediated or contested divorce. Here's a general rule of thumb: The more complicated and emotional the divorce, the more expensive it will be, according to several attorneys nationwide. Reddy knows all too well how a cantankerous divorce can drive up costs.

 

Essential Terms of China Prenuptial Agreement

Prenuptial Agreement is type of contract created by two people before entering into marriage. This contract could outline each party's responsibilities and property rights for the duration of the marriage. We are China family law lawyers and we draft prenuptial agreement for our clients.

More commonly, prenuptial agreements, also called antenuptial agreement, outline terms and conditions associated with dividing up financial assets and responsibilities if the marriage dissolves. Prenuptial agreements have always been a very controversial topic for couples. Media portrayals of prenuptial agreements show them as devices that celebrities and other similar high net worth individuals use in order to cap the amount of wealth that an ex-spouse can claim. However, when carefully planned and used correctly, a prenuptial agreement can be a fair way of disbursing assets and responsibilities.

Despite some variations, there are some general commonalities in prenuptial agreements and suggested key provisions to consider including to ensure validity and enforceability. Prenuptial agreements:
• are written documents that are signed by both parties
• disclose assets and income of parties, with particular focus upon the disclosure of the wealthier party to the less wealthy party
• in some states, may include a knowing waiver of income and asset disclosures if both parties agree
• cannot result from duress (extreme emotional pressure or stress)
• cannot result from fraud
• should be reviewed and signed well in advance of wedding (the greater the lead time, the better; ideally, several months)
• may be drafted, reviewed, and entered into with or without assistance of counsel
• may result from negotiations between parties, but negotiations are not required
• may include that parties' initials at the bottom of key or all pages of the prenuptial agreement, though there is no legal requirement for this
• may be signed while parties are being video- or audio-recorded to document the parties' understanding of the agreement
• may be accompanied by handwritten statements of the parties in their own words that reflect their understanding and agreement
• must be fair and not leave one party destitute in comparison to the other
• cannot increase the probability of divorce
• cannot limit rights to child support
• cannot waive rights to child support
• will generally be upheld if they contain a blanket waiver of spousal support
• containing specific spousal support agreements are more challenging to uphold
• should not contain frivolous, non-monetary demands
• must be signed voluntarily
• hould not involve any undue influence
• must not be unconscionable.

Contact our China divorce lawyer for more information regarding how to draft a China prenuptial agreement.

 

China Prenuptial Agreement, China Antenuptial Agreement

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s China divorce lawyers, we handle not only those divorce cases, but also those drafting prenuptial agreement, or antenuptial agreement. Some even call this premarriage agreement. A prenuptial agreement is essential for foreign nationals to marry a Chinese national.

A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may be included as well.

Prenuptial agreements are, at best, a partial solution to obviating some of the risks of marital property disputes in times of divorce. They protect minimal assets and are not the final word. Nevertheless, they can be very powerful and limit parties' property rights and alimony. It may be impossible to set aside a properly drafted and executed prenup. A prenup can dictate not only what happens if the parties divorce, but also what happens when they die. They can act as a contract to make a will and/or eliminate all your rights to property, probate homestead, probate allowance, right to take as a predetermined heir, and the right to act as an executor and administrator of your spouse's estate.

 

Chengdu Lawyer

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amily law regulates the private aspects of our lives. Unlike many areas of the law it has a uniquely personal and lasting impact. For this reason it is essential you receive good advice on your legal rights and obligations. Negotiated resolution of disputes, at an early stage, is encouraged.

Our Chengdu Family Lawyer team is dedicated to providing our clients with a service of the highest quality, relying on up-to-date knowledge of legal authorities and a broad range of experience in Chengdu Family Law matters. We have associated offices through our Chengdu law offices. This enables us to be a truly global law firm being able to represent you and your interests worldwide.

We have been successfully protecting our clients' rights in respect to all areas of family law since 1995, including:

  • Marriage
  • De facto relationships
  • Separation
  • Divorce
  • Property “Pre nuptial” agreements for married or de facto couples entered into prior to entering a relationship or during a relationship
  • Property settlement after separation
  • Spousal Maintenance
  • Children’s issues

On top of family law, we also have Chengdu employment lawyer, Chengdu divorce lawyer, Chengdu litigation lawyer, Chengdu trademark lawyer, Chengdu labor lawyer, China English speaking lawyer.

 
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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.