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Q: How do divorces work in China?
Hi all,
Was wondering if anyone could point me in the right direction. What happens when a foreigner and a Chinese national get divorced. I particularity want to know what happens to the property that they own together and what steps are taken if you wanted to get custody of your child as a foreigner. If you were on a dependent visa can you still continue to get a dependent visa even though you are divorced? What about paying alimony? What are the father's rights? Has anyone ever been through the judicial system here? I heard that it would be wise to contact your embassy to get a list of lawyer names and the the divorce needs to happen in Beijing. How true is this?
Looking forward to your responses.
5 years 50 weeks ago in Relationships - China
So sorry, iWolf: wrong.
For a foreigner married in China, you must go to the nearest provincial courthouse where your marriage was registered to petition for divorce.
If you and your soon-to-be-ex-wife have a written divorce agreement (amicable and provisions for the division of property, maintenance, child support/custody, etc) then the divorce can be processed within an hour.
If there is absolutely any disagreement, you will both need lawyers.
One loophole in the divorce laws is that if you can prove that you have attempted reconciliation and have not lived together in the past two years, the divorce is automatic and 'no-fault.'
Source: Been there, done that. You can also look for 'the little red book of marriage in the PRC' (all Chinese) that explains the marriage/divorce laws (domestic and with foreigners).
Hotwater:
If you read his comment again you’ll find iwolf is right. He said you go to the office where you were married which is the same office that you referenced EXCEPT you called it a courthouse when it’s not. It’s the marriage registration office. Yes, we know foreigners can only get married in the provincial capitals where the Chinese spouse has their hukou.
Nothot:
No, Hotwater, so sorry, wrong again. The marriage bureau is not a provincial court.
This is the problem with this site - so much misinformation and opinions from those who have no real experience.
I've been through the rigamarole...have you?
"But registration for divorce with the marriage registration office is not applicable to a foreign-related marriage. All cases of divorce in China concerning a foreign-related marriage must be filed with the court." http://www.china.org.cn/english/Life/67167.htm http://news.at0086.com/Legal-service-in-China/Marriage-Law-in-China-Divorce-by-Agreement.htmliWolf:
My information comes from a good mate who did exactly what i wrote. He's english. It may be the case that the jurisdiction where you were divorced may have different requirements in the same way different jurisdictions manage work permits and visas differently. Who knows?
ironman510:
All the above info from all are correct, they paint the same picture. So let's be nice, I'll add my fact nightmare add~ins. Man do you actually realize that to sit with a lawyer costs 3000 to 6000 RMB? The cost of his services will be OMG more than you "might" be able to afford or worth it in the long run. I'm sorry to say your kid is as good as gone as China take care of Chinese first, they'll automatically give the kid to the mom if your kid has a Hukou and not a passport from your country. Your wife would have to be in poverty or a criminal to get the court to give you the kid.. No chance, even with a lawyer, this lawyer fee problem also applies to your wife too man, so you are better off making an agreement letter and add in parental visit agreements, it's up to the wife if she'll force you to pay child support, my ex didn't, but I offered of course it's my kid, if you're working in China they'll automatically deduct it from your China account, if you're in your home country that's not Hong kong or Taiwan than she can't force you to pay child support, it's impossible as China doesn't have this system yet. The house will be split 50% 50% like in most cases, unless your or her make another deal.
ironman510:
Yes, you can get a dependant visa because you have a kid here with a Hukou but your ex wife or wife would need to sign the invite letter as your kid isn't 18 years old yet.
I wasn't through legal divorce system in China, but my Chinese GF had daughter from first marriage and her Chinese father didn't pay any alimony. They both lived in her sister's apartment.
There's no practical advice I can offer you (because I have no idea) but oh man, it seems like you're about to get into a shit storm.
I would say research the hell out of it. Blogs, legal advice, whatever you can find because if you're in China I suspect the system will be stacked against you.
Like every divorce a lot would probably depend on how messy it gets, so like any dispute in china, try not to let it get too messy.
I think if you make it understood that you're ready and able to pay alimony, this will make negotiations a lot easier. The Chinese family is less likely to try to f**k someone over if they're making monthly payments to them.
Good luck mate.
I don't imagine how China could force you to pay alimony if you just leave after you get the divorce. However, property is split if both your names are on it, so you would be giving up that if you don't pay alimony I guess. If you haven't registered your kid's birth at your embassy or consulate, then that kid is Chinese and you're shit out of luck on getting custody. Even if you registered your kid I don't imagine getting your kid out will be easy if your ex wife is determined to keep the kid in China.
If this is amicable, you can work it out between yourselves. If it get's messy, you will be on the losing side. No matter what is said about lawyers, etc, you will not get the same rights as in your own country. As for alimony, they could make it as part of a settlement, however, if you are not in the country how are they ever going to enforce it?
If your wife is young and wants to remarry, she will give you the kids because she does not want her dating appeal score to be zero with Chinese men.
if your wife want sign the document for a family or spouse visa your screwed for a visa to be here.
if you have any money in the country, get it out or the courts can take it all for your spouse and leave you begging for a plane ticket to get out.
Most Chinese women are worried about getting a new man, so they split the money, provided you take the kid, and you go separate ways. The divorce stigma is bad for remarriage, but the racist Chinese guy who finds out she has an import child from a foreigner will sprint away and her family will never tell a new guy about a foreigner.
Mothers here give up kids for "face and pride", it's really screwed up.
My wife has already told me if we ever split up, I have to take my daughter, she told me this when she was born. If the lady is too old to remarry, hit the wall so to speak, then the grandparents may pressure her to not divorce, especially if they like to show off their "foreign doll grandson or granddaughter".
ambivalentmace:
The good news is an amicable divorce can be done as quickly as a haircut with some documents signed, although in large cities people were divorcing to buy more property and then remarry and the volume got so high that you may have to make an appointment. In smaller cities, it's just a walk in transaction.
Englteachted:
Friends will be sure to tell her new bf about her past, friendship with Chinese characteristics. That's why almost all women hide their relations until they're close to marriage.
Divorces in China probably work the same as in other countries: they're expensive, but they're worth it.
If your divorce isn't complicated and there are no financial or property issues, you can just go to the same office where you were married, pay another 9rmb and it's done while you wait.
Any money accrued after the marriage is split 50/50.
So sorry, iWolf: wrong.
For a foreigner married in China, you must go to the nearest provincial courthouse where your marriage was registered to petition for divorce.
If you and your soon-to-be-ex-wife have a written divorce agreement (amicable and provisions for the division of property, maintenance, child support/custody, etc) then the divorce can be processed within an hour.
If there is absolutely any disagreement, you will both need lawyers.
One loophole in the divorce laws is that if you can prove that you have attempted reconciliation and have not lived together in the past two years, the divorce is automatic and 'no-fault.'
Source: Been there, done that. You can also look for 'the little red book of marriage in the PRC' (all Chinese) that explains the marriage/divorce laws (domestic and with foreigners).
Hotwater:
If you read his comment again you’ll find iwolf is right. He said you go to the office where you were married which is the same office that you referenced EXCEPT you called it a courthouse when it’s not. It’s the marriage registration office. Yes, we know foreigners can only get married in the provincial capitals where the Chinese spouse has their hukou.
Nothot:
No, Hotwater, so sorry, wrong again. The marriage bureau is not a provincial court.
This is the problem with this site - so much misinformation and opinions from those who have no real experience.
I've been through the rigamarole...have you?
"But registration for divorce with the marriage registration office is not applicable to a foreign-related marriage. All cases of divorce in China concerning a foreign-related marriage must be filed with the court." http://www.china.org.cn/english/Life/67167.htm http://news.at0086.com/Legal-service-in-China/Marriage-Law-in-China-Divorce-by-Agreement.htmliWolf:
My information comes from a good mate who did exactly what i wrote. He's english. It may be the case that the jurisdiction where you were divorced may have different requirements in the same way different jurisdictions manage work permits and visas differently. Who knows?
ironman510:
All the above info from all are correct, they paint the same picture. So let's be nice, I'll add my fact nightmare add~ins. Man do you actually realize that to sit with a lawyer costs 3000 to 6000 RMB? The cost of his services will be OMG more than you "might" be able to afford or worth it in the long run. I'm sorry to say your kid is as good as gone as China take care of Chinese first, they'll automatically give the kid to the mom if your kid has a Hukou and not a passport from your country. Your wife would have to be in poverty or a criminal to get the court to give you the kid.. No chance, even with a lawyer, this lawyer fee problem also applies to your wife too man, so you are better off making an agreement letter and add in parental visit agreements, it's up to the wife if she'll force you to pay child support, my ex didn't, but I offered of course it's my kid, if you're working in China they'll automatically deduct it from your China account, if you're in your home country that's not Hong kong or Taiwan than she can't force you to pay child support, it's impossible as China doesn't have this system yet. The house will be split 50% 50% like in most cases, unless your or her make another deal.
ironman510:
Yes, you can get a dependant visa because you have a kid here with a Hukou but your ex wife or wife would need to sign the invite letter as your kid isn't 18 years old yet.
We do have property. We have two apartments but one of the apartments is still in her father's name. Her family basically sold their land to the government many years ago and received a pink slip that states that each family member will receive X amount discount per square meter after they developed the area. The area was developed and I paid for this apartment. I paid for the decorating and I also purchased the basement parking and basement storeroom. We lived there together until we separated over a year ago and she moved into our other apartment. According to the soon to be ex, I have no claim on that property as it is all in her father's name. I agree with her but this apartment is in her father's name and he is a very reasonable man. I do not see him trying to screw me over on that property. I don't want to fight about it because this property will eventually go to my daughter. I live in that apartment at the moment while she lives with our daughter in our other apartment. This second apartment is in both our names and I still pay the mortgage. This apartment was purchased for my daughter so that she could go to a good school. I think the best would be to sell this property, pay off the bank for what ever we still owe them and split the profit. We were married and she does deserve half of that property. I do not see myself ever trying to take my daughter away from her as she is a good mother and I believe that a child should be with her mother. I do pay alimony for my child every month. I pay it directly to her on WeChat. I also pay my daughters insurance every year so basically I still hand over more than half my salary to my ex. Money does not bother me much. It's just money. I can't take it with me when I die. I just want to see my daughter as much as possible and watch her grow up. Thank you for the advise that everyone has given me. It has certainly made me the wiser. Specially knowing about the visa. I hope to apply for my green card as soon as possible. My plan B would be to get a visa through my daughter as she is registered on the Hukou system here and I don't think her mother would not sign the invitation letter.
mike168229:
I feel for you mate. Must be tough. Hopefully this can all go through smoothly for you and you can come to a good arrangement where you get to see your daughter as much as you can. I know how I would feel if it was my kids. Good luck with it all and best wishes.
ironman510:
when you say green card are you talking about a Chinese green card? So you have over 200,000 RMB that's been frozen in account for 2 years or more? Sounds like you have the marriage years and the property but they'll ask you to freeze money, that was what got in my way with the green card now I have to wait a few years
ironman510:
I agree that kids should be with the mom if western mom's, but you could never convince me that a Chinese mom is better than you Mr Daddy. Never!
Actually, I am wondering a similiar thing. Me and my Chinese wife are planning to get divorced. I have my own house through my job that I have on my working Visa. There is however, the problem of her parents house as it was placed under both our names, like a 50/50 split. But after the divorce she can have my half, I don't want it. We also have no children, so I'm hoping that our divorce will be a little easier.
Or perhaps I could just move out of her parents house (she still lives with her mother) and then just sit tight for two years and let the divorce be granted automatically? Any thoughts?
mike168229:
Just get it done and move on. No point stringing it out if you aren't bothered about the house.
