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China Divorce Lawyer

Grounds for divorce in China

Our China divorce lawyer summarized several grounds for divorce. To successfully sue for divorce, your situation have to meet one of the grounds. If you fail to show relevant evidence to meet the requirement, that does not necessary mean that you cannot divorce. You can sue for divorce twice in a court to get divorce. So it is only a matter of time. We have Shanghai divorce lawyer, Guangzhou divorce lawyer, Beijing divorce lawyer, Tianjin divorce lawyer in our team. Contact us if you have any questions and they will be replied the same day.

Grounds for Divorce

China has both no-fault and fault grounds for divorce.

In order to bring a no-fault divorce action the party bringing the action must simple state that for the last twenty-four months that the marriage is iirretrievably broken down.

 

China One-Child Policy

The one-child policy (simplified Chinese: 计划生育政策; traditional Chinese: 計劃生育政策; pinyin: jìhuà shēngyù zhèngcè; literally "policy of birth planning") is the one-child limitation in the population control policy of the People's Republic of China (PRC). The Chinese government refers to it under the official translation of family planning policy. It officially restricts married, urban couples to having only one child, while allowing exemptions for several cases, including rural couples, ethnic minorities, and parents without any siblings themselves.As a China family lawyer as well as a China divorce lawyer, I don't know whether this policy is good or bad.

A spokesperson of the Committee on the One-Child Policy has said that approximately 35.9% of China's population is currently subject to the one-child restriction. The Special Administrative Regions of Hong Kong and Macau are completely exempt from the policy. Also exempt from this law are foreigners living in China.

This policy was introduced in 1978 and initially applied to first-born children in the year of 1978. It was created by the Chinese government to alleviate social, economic, and environmental problems in China, and authorities claim that the policy has prevented between 250 and 300 million births from its implementation until 2000, and 400 million births from 1979 to 2011. The policy is controversial both within and outside China because of the manner in which the policy has been implemented, and because of concerns about negative social consequences. The policy has been implicated in an increase in forced abortions, female infanticide, and underreporting of female births, and has been suggested as a possible cause behind China's gender imbalance. Nonetheless, a 2008 survey undertaken by the Pew Research Center reported that 76% of the Chinese population supports the policy.

 

Elements of being a good China divorce lawyer

A China divorce lawyer is many times the key actors in a divorce trial. We have good Shanghai divorce lawyer and Beijing divorce lawyer in our team. Having a good lawyer can be the difference between losing a lot because of your divorce and not losing at all. Specialized divorce lawyers know all the tricks of divorces and use them to obtain as much as they can for their clients.

Therefore, it is very important to have one of the best divorce lawyers on your side in any divorce proceedings! While it can be difficult to find a very good divorce lawyer, some key factors do stand out! The best 5 characteristics a good divorce lawyer are: proactive, being a good negotiator, assertive, problem solver and approachable.

Proactive

Having a proactive divorce lawyer on your side is very important as the other lawyer will be kept on the defensive. A proactive lawyer will have the initiative and maintain his strategy for obtaining the final purpose: your demands.

Being a good negotiator

Being a good negotiator is another key characteristic your divorce lawyer should have. This is because in many cases this ability of negotiation will bring you better results from your divorce. Also, when it comes to contested divorces, you will need the services of a good trial lawyer on your side.

Assertive

The assertive type of lawyer is a confident one, but not arrogant as well. He should know when to be assertive and when it is not the case. The confidence of your divorce lawyer will be of great help especially in court. I am sure, you have witnessed court proceedings and it seems like one lawyer knows his stuff and clearly in charge of the proceedings!

 

How to draft a marital separation agreement in China

A marital separation agreement, also known as a property settlement agreement, is a written contract dividing your property, spelling out your rights, and settling problems such as alimony and custody. A marital separation agreement may be drawn before or after you have filed for divorce - even while you and your spouse are still living together.

Generally, a separation agreement is the result of much discussion and negotiation surrounding divisions of assets and liabilities and any support, maintenance, custody or visitation issues. If you are going through a divorce or separation, the sample separation agreement below will help you to start thinking about and preparing for these discussions and negotiations. Your attorney may choose to use the sample agreement as a resource, but will want to draft an agreement specifically tailored to your situation.

 

China Legal Separation Agreement And Divorce lawyer

As stipulated by China family law, more specifically, divorce law, you have to undertake a two year legal separation before you are allowed to divorce with your spouse. However, this is one of the five grounds of contested divorce. We will discuss how to draw up a separation agreement and what you should do and avoid doing the period of separation.

Instructions On How To Draft A Separation Agreement in China

1 Discuss your legal separation thoroughly with your spouse. You will want to ensure the legal separation agreement is both fair and thorough. Things that should be discussed include child custody, support, and a visitation schedule (if applicable), spousal maintenance, and who will be paying what monthly bills. Property and asset division should also be discussed, including who will take possession of the marital home and who will be paying the mortgage or rent (or if you will be selling the home, instead); dividing of bank accounts, investments, retirement funds, and other assets; and division of credit card debt, loans, and other marital debt. Keep notes or create an outline during your discussion, which you can refer to later when you write your legal separation agreement.

 
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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.