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Basics of China Prenuptial Agreement

The Law Office of China Commercial Law Co., Guangdong works with couples that wish to establish the terms of a settlement agreement either before or after they are married-in the event that they later decide to divorce or legally separate.

The benefits of a prenuptial agreement are that although it costs you attorney's fees now; down the road if things don't go as planned you will save a lot of nerves and money on fees in case of separation or a divorce. It will reduce the number of times you will have to be in court (except issues related to children), because other issues have already been resolved in advance in writing. It will speed up settlement and reduce the risk exposure and publicity. If there is a great disparity in the couples existing net worth, pre-nup is the smart choice to prevent problems in the future.

Premarital Contracts Offer More Certainty

What if? It’s a question we ask when we buy insurance, knowing that we cannot control the future, but also knowing that we should be prepared. A prenuptial agreement offers more certainty in the eventuality that the marriage ends in divorce, separation or death.

 

Shareholder Agreement and Divorce in China

Shareholder in corporation is circling the divorce club.  She, and her siblings are concerned that the Former Spouse will make a claim to the value of her stocks when the assets of the marriage are compiled. Always consult a China divorce lawyer before you take any legal action in China. Common questions might be assets division, marital property division, child custody, visitation rights, conditions of divorce and etc.

I think that she is right. FACTS of the divorce case:

The shareholder agreement provides that, "if a decree enters awarding Former Spouse (FS) interest in the shares of Divorcing Shareholder (DS), then FS has the obligation to sell stock to DS.  Terms of sale are installment payments over 120 months at prime plus 1.0%."

 

A Parenting Plan Case I handled Recently As A China Family Law Lawyer

I am working on a parenting plan for a case.  I represent Dad.  I have a pretty standard one, but this is a concern I have never had raised before and don't know how to word it in the plan.  Dad does not like how Mom dresses the child. This is not micro-managing. His concern is the cap on backwards, the pants hanging below the child's little butt. In other words, like a thug in training. Dad wants the child to dress like a child.

I can't say "appropriate dress" because Mom sees nothing wrong with the child dressing like this. She thinks it is appropriate.   Well, actually she denies doing it, but then posts photos on Facebook of the child dressed like this and her bragging about it. But the Facebook posting is whole other issue. I can't say a belt shall be worn at all times, because not everything the child wears requires a belt. I can't say the child will be appropriate covered at all times, because that doesn't allow him to pay the "skins" side of a "shirts and skins" game.

 

Assets division in divorce cases in China

When I handle divorce cases in China, I often see parties play tricks or tactics when facing assets division.

I'm representing someone in a divorce case whose spouse was moving money around between pre-existing and newly opened accounts in a complicated fashion, to say the least. One of the arrangements (according to said spouse at a settlement conference) is that he receives money via a check from his sister, deposits it into an account in his sole name that he considers a "trust" account, and then writes a check to his aunt's nursing home.

On occasion he has made errors and written the nursing home payment out of the parties joint account but then reimbursed the joint account from the "trust" account. That part appears to check out but is only a small amount of the total. He has not provided proof of invoices as to the amount paid and the nursing home is requiring a re-issued subpoena.

 

China Child Custody and Criminal Defense Matter

Here is the scenario.  Children come into state custody. There is protracted litigation because there was also a companion criminal case involving both parents. Each parent has two attorneys who are all working together (mostly).  In the middle of the proceedings (January, 2012) the department files a petition for child support for the kids.  Parents not served, attorneys not served.  In May, 2013 after all litigation in all matters has been resolved, parents get a hearing notice for child support. I ended up attending the hearing on behalf of both parents (who are still together and married) and assumed that someone had been served with the petition.

It is only when I am at the status conference that I realize that my clients have never seen the petition, the department cannot produce any evidence that it was ever served on anyone, and that it was filed in January, 2012. Department seeking support from January, 2012 - March, 2013 (when the last case was resolved). I practice criminal law and a China family lawyer.

I only ended up on the child support case because I ended up working most closely with the parents during all the litigation and I was responsible for getting criminal charges dismissed.  The parents asked me to assist with child support because, of the four lawyers, I was really the only one to do anything substantive. I am a bit out of my area of expertise here.  I understand that child support can go back to the date of the petition, but not serving the parents for 17 months and then seeking retroactive support seems to be a huge due process issue.

 
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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.