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Divorce In China. Cause Expats Are Not Immune.

Posted in Legal News, Recommended Reading

Whenever I speak at law schools, I always emphasize the growing need for international lawyers. There is a particular need for this in the individual (as opposed to corporate) arena. As people more and more live and marry and buy houses and die outside their home countries, the need grows for lawyers who understand the international legal issues that can arise from these life events.

Divorces with international ramifications are now becoming common. When an expat married to a Chinese citizen contacts us for help on their China divorce, I suggest they first get a divorce lawyer in China and, if necessary, also get an additional divorce lawyer in their home country. Then, if those lawyers need assistance on any cross-border issues, they can call my firm. We virtually never get these calls, simply because not many people can afford three sets of lawyers on one divorce.

The response I usually get to this is a request for me to reccomend a Chiense divorce lawyer in whatever city it is in which they are located.  I then usually have to tell them that I have no referrals in their particular city. Lately though, I have been mentioning that they check out the Divorce in China blog, which is written in English by Ann Lee, a Shanghai based Chinese licensed lawyer. Ms. Lee does a nice job talking about China’s divorce laws, particularly as they apply to expat divorces. I know of no other comparable English language resource and these people going through divorce in China seem pleased to have a place where they can read more about it. 

If you want/need information on China’s divorce laws, I suggest you too check it out.  

  • Too Late

    Just spent some time reading it. Wish you had posted on this before my divorce, not after it!

  • Robert Luedeman

    It’s all about legal residency but if you can establish legal residency it’s easy enough to get a dissolution in the US. I did a dissolution in Hardin County, the husband was vacationing at Camp Ramadi, Iraq at the time and the spouse was a Filipino bar girl who’d never been in the US. On the other hand if you’re in China and intend on spending any time there it’s best to observe the local customs as Dan says.

  • Paul

    Reading the rather detailed case briefs it appears to me that attorney-client secrecy in China has certain… Chinese characteristics.
    From the blog: “Party A (wife) and Party B (husband) got to know each other in March, 2000 and registered the marriage in September 28th, 2000. On March 30th, Party B bought an apartment with the total price of ¥255,035.”
    I can’t imagine you getting anywhere close to this level of detail when describing the affairs of your clients.

  • http://www.quickie-divorce.com/blog Divorce Blogger

    It’s extremely important that clients receive advice from a lawyer who is aware of the divorce law across jurisdictions as filing in the wrong country could have a detrimental effect on the settlement that either party are awarded.

  • Janet

    Do you know of any lawyers/firms who would be capable of dealing with transnational estate planning issues (wills, trusts, guardianship arrangements,etc.)? This is something we seriously need to get taken care of, but I have no idea where to start or who to turn to. We have significant assets in both China and the US and ideally would want the guardians of our kids to implement a plan that would maintain contact between our kids and both Chinese and American sides of the family….

  • http://blog.sina.com.cn/u/1711714842 Ann Lee

    Thanks a lot for Dan’s posting and just let every one know that all the cases with detailed information come from the post on court’s website and as attorney, no information including our client will be disclosed without their approval. So please do not have misunderstanding about privacy protection in China.

  • http://www.chinalawblog.com Dan

    Thank you Ann. I was going to step in and say the same thing. When a case is public, even the attorneys on the case can discuss the public parts without revealing an attorney-client confidence. This is because what is public is no longer confidential. However, there are times that a lawyer does not want to discuss his or her client’s case, even if public, simply to avoid drawing attention to something that the client may wish not to have noticed.

  • izabel

    the complex picture of divorces in changing China – http://thinkingchinese.com/rising-divorce-rates-in-china-is-marriage-the-grave-of-love
    many lawyers in need!

  • Colorado Divorce Lawyer

    Every country has different laws and policies on divorce that’s why if you are filing a divorce on a foreign country you must hire a lawyer that is pretty knowledgeable about this kind of case, I checked on the blog and I’m gonna recommend it to my friend who is currently planning to file a divorce against her cheating husband in China