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China divorce law: Marital assets division rules and regulations

Asset division during divorce is a major bone of contention. For a common citizen of China or a foreigner, it can be quite difficult to figure out how one's assets are to be classified and divided as per legal procedures. Some issues of concern would be whether the assets acquired during marital years would be divided equally or not. In such cases, one must research sufficiently to make sure that all assets are divided most justly during a divorce in China.

The above were just examples of few rules and regulations governing the laws of divorce in China. It is better to hire a divorce attorney in knowledge of the various rules and clauses. Divorce in China cases require several fulfillments of formalities and divorce settlement also takes time therefore; it is advised that hiring an attorney be done at the earliest.

 

China divorce law and child custody rules

Child Custody Basics
If there are children involved in your divorce, the divorce courts will make child custody arrangements. Most states grant parents equal custody rights if it's in the best interest of the child.

With equal child custody rights, both parents have joint child custody, which may include both legal and physical custody. It's also possible for one parent to have sole physical child custody, while the noncustodial parent shares legal custody and gets generous child visitation rights.

 

How to find a divorce lawyer in China

If you've decided to hire a divorce lawyer in China, you need to think of this process as a marathon, not a sprint. Do not settle on the first attorney you call and do not assume that a higher billing rate means a better lawyer. Take your time if you can. Ask friends and family if they know any good divorce lawyers. If they've gone through a divorce, get the names of lawyers they believe did a good job. Don't be surprised if they give you the name of their spouse's lawyer. If you have a friend who's a lawyer, ask your friend who he would hire for a China divorce lawyer, and why.

 

A free sample seperation agreement draw up by a China divorce lawyer

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.

Note that if you and your spouse agree on a resolution to all of the main issues in the sample separation agreement prior to meeting with your attorneys, you may pay less in attorney's fees. This might be a possibility in less complicated separations, such as those stemming from a short-term marriage with no children.

 

How to draw up a divorce agreement in a uncontested divorce

Uncontested Divorce

With a divorce rate that’s rising higher every year, unhappily married people are interested in a quick way to dissolve their unions. An uncontested divorce is their best solution.

An uncontested divorce is an inexpensive and simple divorce. With this type of divorce, parting couples who aren’t fighting against divorcing can dissolve their failed marriage privately. However, some details of your agreement will be available as information on public records.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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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.