How does divorce work in China?

How does divorce work in China?

In China, you are eligible to apply for a divorce as long as your marriage is legally registered. When there is a divorce suit under the PRC Court, the PRC Court should mediate in divorce cases. If the relationship is beyond reconciliation and mediation is unsuccessful, the PRC Court should grant the divorce.

Is it easy to get a divorce in China?

Each case is different, but in the hands of an experienced Chinese divorce and family law attorney many international divorces can be finalized in as little as one month. On average, the divorce process in China will take 1-3 months to complete.

Is there spousal support in China?

Under China’s current Marriage Law of 2001, the post–divorce spousal support is embodied in Article 42,4 which reads: If, at the time of divorce, either party has difficulties in life, the other party shall render appropriate assistance from his or her personal property like house, etc.

Can you get divorced without a reason?

Divorce and Grounds for Divorce. There is only one legal ground for divorce, which is that the marriage has irretrievably broken down. The person who starts proceedings, (called the Petitioner) must prove that the marriage has irretrievably broken down by establishing one of the following five facts: Adultery.

Is Divorce accepted in China?

In China, even if you married yesterday, you are entitled to apply for divorce today if you believe your marriage has irretrievably broken-down. However, if a husband and wife do not agree to divorce, the Chinese court may suggest reconciliation.

How are divorce papers served in China?

There are three main methods under the Civil Procedure Law of China in which judicial documents can be served upon a party involved in a Court proceeding; direct service to the person on whom the documents are to be served, by mail or entrusted to another People’s Court.

On what grounds can I divorce my wife?

Under Section 13 of the Act, the grounds for divorce include: “voluntary sexual intercourse with any person other than his or her spouse”; “cruelty”; desertion “for a continuous period of not less than two years immediately preceding the presentation of the petition”; “ceas(ing) to be a Hindu by conversion to another …

What are the grounds for divorce in ancient China?

Lets find out what are the 7 Outs and 3 Ins are in a divorce in ancient China. This opens in a new window. Watch the rest of the series here. 1. Not obedient to the in-laws (不顺父母) Women, once married becomes a member of her husband’s family. The wife had to look after the in-laws, respect them, obey them, and most importantly, please them.

Is it possible to get a divorce in China?

In China, you are eligible to apply for a divorce as long as your marriage is legally registered. However, the possibility for a Chinese Civil Affairs Bureau or a Chinese Court to accept your divorce application depends on whether jurisdictional requirements are satisfied. What are the Grounds for Divorce in China?

How does spousal maintenance work in China divorce?

In China, the issue will be the division of matrimonial assets between parties. The wife has no obligation to pay the husband/ex-husband maintenance. The only obligation on parties are issues of custody and maintenance of the children. What is the overarching principle that guides the Court for spousal maintenance in China?

What does irretrievable break down of marriage mean in China?

‘Irretrievable break-down of marriage’ is the principle which the Chinese court must adhere to when making the decision on divorce. Within the Chinese courts, one of the following circumstances should be used to support the assertion of ‘irretrievable breakdown of marriage’: