Bigamy is not permitted in China and constitutes a crime according to the Criminal Law. If a person commits bigamy, his/her first marriage is legal and the second marriage constitutes bigamy. In such a case, the relationship with the second spouse is not a legal marriage and the second spouse has no legal standing in su…
If there is any community property that is not divided in divorce due to concealment, malicious transfer, negligence, or other reasons, the divorced spouse whose interest is damaged may file a separate lawsuit to claim division of such property. After admission of such a case, the court will examine the evidence adduced…
Property division agreement is the choice of first priority for the disposal of community property and debts if a couple intend to divorce each other. Even they haven’t reached such an agreement before filing for divorce, the court will recommend that they do so during divorce proceedings. Where a couple reach a proper…
Spouses may reach an agreement on the division of property and debts that is conditional on their divorce. Based on such an agreement, they can apply for divorce registration at the marriage/divorce registration office of the civil affairs bureau where their marriage was registered, or file a divorce case with a compete…
In general, the debts of a divorced spouse may be paid off as agreed upon by the spouses. Where they fail to reach an agreement on the payment of their debts, their disputes must be settled according to their divorce agreement or a court decree, order, or consent decree, or other legal documents. Debts before MarriageWh…
How to Divide Retirement Pension in Divorce Retired at the time of divorceIf either or both spouses have retired before they file a divorce case, the amounts received as their retirement pensions during their marriage should be deemed as their community property that may be divided between them. They can reach an agreem…
How to Divide a House in a Divorce Case Man and wife may reach an agreement on the ownership of a house which is their community property. If such an agreement is conditional on their divorce by agreement or through mediation, it is valid if they get a divorce by agreement or through mediation, but is invalid if they fa…
How to Deal with the Property Given to Wife as a GiftIf a man and a woman agree, before or during their marriage, that either of them shall give an asset to the other as a gift or an asset shall be held by both the spouses as their community property, such an agreement is valid and binding on them, except that the asset…
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