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Community property and separate property rules of China divorce law

China is one of countries that embrace the law of community property. Community property is a theory of law in which the husband and the wife are treated as co-owners of property in a form similar to a partnership.

All of the property owned by married couples in China can be classified as community property, separate property, or quasi-community property. The China legislature has enacted statutes to govern how property, and debts, acquired during a marriage must be classified.

 

What is the cost of hiring a China divorce lawyer

The cost of a divorce in Shenzhen varies widely.  The average divorce in China costs approximately $2,000.00. This a relable price you can trust in Shenzhen or even China. However, it is also possible thatsome acrimonious divorces cost the spouses hundreds of thousands of dollars. Choose us, trust us, and you will be secured with a valuable service and your rights and intrests will be perfectly protected in China,especially if you are a foreigner/expat.

The reason the cost of divorces varies greatly is that the overwhelming majority of divorce attorneys bill hourly.  In Shenzhen divorce attorneys charge between $200.00 and $600.00 per hour.  The hourly rates of divorce attorneys in Shenzhen vary depending on the part of the state you live in (rates in Shenzhen City are generally higher than the rest of the state) and the experience level of the attorney.

 

Tips you should know when you decide to retain a Chinse family lawyer

The first time that you call, a Chinese family law attorney might speak with you briefly over the phone to introduce himself and to get a sense of what services you might need. He may offer to schedule an initial paid meeting in his office. It is a good idea to ask the lawyer whether he charges a fixed fee for the consultation, so that you know beforehand what you are getting into.

Do not hesitate to contact other Chinese lawyers before you set up a meeting with any of them. This is your chance to get an idea about how different law offices will handle your calls in days to come. Any law office worth your time and money will handle your call professionally and courteously.

 

Ways to get a divorce in China: by divorce agreement and by divorce litigation

The People’s Republic of China has been like a sleeping giant who woke up, yawned and stretched and entered the new millennium with massive economic reforms that radically changed life for the Chinese.

Today China is the world’s largest exporter of goods and the second largest importer worldwide. It has unseated Japan for the second largest economy in the world and it is predicted that by 2020 China will outstrip the United States in gross domestic product.

With new fiscal policies, however, come significant social change and divorce reform followed on its heels. Women were granted the right to divorce their spouses in 1949 but throughout the decades that followed, divorce was frowned upon and required permission of the state, which was rarely granted.

Divorced persons were ostracized and scorned as immoral and bourgeois by the Communist party.
Divorce laws were amended in the 1980′s, which permitted divorce by agreement with relatively simple paper work at a government office for a cost of $6.00. However, to obtain a divorce you required permission from your employer. Many couples stayed together rather than face the embarrassment of disclosing their marital difficulties. Frequently, employers refused to consent.

In 2003 significant changes were made to the divorce law, eliminating the need for an employer’s approval. A ten to twenty-minute visit to a government office, the correct papers, and a $1.00 fee was all it took.

 

What is a no-default divorce and do you need a divorce law in China

What is a "no fault" divorce?

"No fault" divorce describes any divorce where the spouse asking for a divorce does not have to prove that the other spouse did something wrong. All states allow no fault divorces.

To get a no fault divorce, one spouse must simply state a reason for the divorce that is recognized by the state. In most states, it's enough to declare that the couple cannot get along (this reason goes by such names as "incompatibility," "irreconcilable differences," or "irremediable breakdown of the marriage").

In some states, however, the couple must live apart for a period of months or years before they can obtain a no fault divorce.

 
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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.