What Is Community Property

What Is Community PropertyMany people believe that the property of spouses should be divided in half in the case of their divorce. This is a wrong idea because only community property of spouses will be partitioned when their marriage ends up in divorce.If a couple intend to apply for divorce registration or file a laws…
     

Personal Property of Spouses

Personal Property of SpousesNot all the properties obtained, acquired, or received during the marriage of a spouse are their community property. In addition to the property owned and possessed by either spouse before they enter into marriage, the following properties obtained, acquired, or received by a spouse during th…
     

What Is Community Debt

What Is Community DebtCommunity debt of a couple is debt incurred by either spouse or both spouses during their marriage that is generally for the benefit of the spouse or their family and for which both spouses are liable to pay.In accordance with Article 1064 of the Civil Code of the People’s Republic of China, commu…
     

Pre-nuptial or Nuptial Property Agreement

Pre-nuptial or Nuptial Property AgreementA man and a woman may enter into a property agreement either before or after they enter into marriage.Property to be coveredPre-nuptial propertyA pre-nuptial or nuptial property agreement may cover the ownership and/or division of all or part of the properties they own, possess, …
     

Is a Divorce Agreement Necessary

Is a Divorce Agreement NecessaryA divorce agreement is required if a married couple intend to apply for divorce registration before a competent marriage registration authority. According to the applicable provisions of the Civil Code of the People's Republic of China, spouses who agree to a divorce of their free wil…
     

Who Can File a Case to Invalidate a Forced Marriage?

A valid marriage must satisfy the following basic elements: free will to marry each other; a valid marriage contract; and eligibility for marriage. If a party forces, threatens, or coerces, by violence, economic or psychological pressure, social ostracism, extortion, blackmailing, torturing, or otherwise, the other part…
     

What if Parents Refuse to Raise Their Children

Parents are obligated to raise their children who are under the age of 18 years or cannot live independently due to accidents or other reasons not attributable to such children. But in fact, many parents refuse to perform their obligations to raise their children or pay child maintenance. If this happens, such a child m…
     

The Time Period to File an Action to Invalidate a Forced Marriage

If a person is forced, threatened, or coerced to marry another, their marriage is a forced marriage. A forced marriage is not per se null and void but is revocable. That means, the forced party has the right to file an action to a competent court to declare the marriage null and void if he/she shows not consent. The Civ…
     
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Robert Zhang

A divorce lawyer registered in Shanghai, China. Master's degreePublished work…

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