Divorce and its terms
Divorce by agreement or by court proceeding, and the terms that follow: property division, custody and visitation, and child support.
Services | Marriage & family
Marriage and family law for cross-border families
Divorce, property, children and inheritance where a family spans China and another country.
Marriage, family and inheritance matters with a cross-border element
Marriages between a foreign national and a Chinese citizen — or between two foreign nationals living in China — raise questions of PRC family law: divorce, the division of property, children, and inheritance when a family member with assets in China passes away. These are civil matters, handled in Chinese courts, and often misunderstood by clients familiar with other systems.
Property division
Marital property under PRC law, real estate acquired before or during the marriage, contributions and compensation, and assets in China and abroad.
Children
Custody arrangements, visitation and child support in cross-border families, and the practical realities of enforcement where a child lives in China.
Inheritance
Succession to estates in China: statutory succession, wills, notarisation questions and transfer of assets such as bank accounts and real property.
What usually surprises clients
- PRC family law divides marital property on principles that differ from common-law systems — what counts as marital property, and how contributions are valued, are assessed on Chinese rules
- A divorce agreed between the parties still needs proper registration or a court process to be effective and enforceable
- Inheritance of assets physically in China is administered under Chinese succession law regardless of where the deceased was domiciled, subject to conflict-of-laws rules
- Documents from abroad — marriage certificates, judgments, powers of attorney — may need notarisation and an apostille before a Chinese court or registry will act on them
An agreed divorce is not always the cheap one
Where the parties agree, an administrative divorce or a mediated court divorce can be fast and inexpensive. Where property or children are involved, the agreement itself is where the value is won or lost — that is where advice matters most.
What I do not handle
- Immigration, visa or residence consequences of marriage — those are administrative matters for the competent authorities
- Recognition of a Chinese divorce or judgment in your home country — for that, consult a lawyer qualified where you intend to enforce it
- Criminal matters
Preparing a first enquiry
- Marriage certificate (and where relevant, registration details of the marriage in China or abroad)
- A short chronology: marriage, separations, key purchases and the current situation
- An outline of the assets you know of, and where they are located, without sending account credentials
- Where children are involved: ages, current residence and school, and any existing arrangement
Ask about a divorce, property or inheritance matter
A short written chronology is the best starting point. Sensitive details can wait until the engagement is confirmed.