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I am not a marriage hater and I am just against rash marriage, hole heartedly. To me, marriage is just like the merger of two entities and the merger is only the start while what happens after counts. When two entities are mergered into one, most often than not, the two entities separately will perform a due diligence investigation before the merger takes place to see whether the two will fit to merge. A due diligence investigation before the registration of marriage may be also of great importance as such a decision may have life long impact on both parties. The following is a brief checklist that the due diligence investigation needs to be covered before the registration which as a divorce attorney and as a married woman, I believe, may have far reaching influence in the marriage and therefore has to be looked into.

First the marriage status

I am not kiddling espec

When the married couple breaks, it is called divorce; when the marriage between the shareholders breaks, it is called the dissolution. Interestingly, for all the divorce cases and dissolution cases I have handled, I find similarities do exist between the two divorces.

First of all, whether in divorce or in dissolution, no party will easily acknowledge the failure of the marriage. It, more often than not, will take a long time for the parties to the marriage to realize the fact that the marriage will not work. To get divorced at

court is usually the final resort for either party whether in divorce or in dissolution as to fight at court equals a total failure of the marriage. After all, no one is willing to get the skeleton in cupboard exposed.

Second, there exist lots of blame games either in divorce or in dissolution. When

Believe it or not, separation plays a more and more important role in divorce which is closely related the three issues involved in divorce, divorce or not divorce, child custody and property division, especially with property division. However, Chinese Marriage Law and Judicial Interpretations do not have too much about separation and neither there are too many rules to follow in judicial practice. Therefore, this article gives you a brief introduction about separation.

Judges always play safe. Even if Several Detailed Judicial Opinions about Deciding Whether the Couple Has Broken During Divorce Case Trial makes clear that the feeling between the couple will be considered as broken in a real sense when the couple has been separated for three years because of broken feeling and there is no possibility for the couple to become reconciled. When one party insists

I am always surprised at how the sina.com  “VIE structure” becomes so popular in the past decade while it comes no surprise to me at all when Jack Ma’s spin-off of Aliplay event takes place as in China, that the government turns a blind eye does not necessarily mean you are safe. No matter how perfect the VIE contracts are, the validity of the VIE contracts will be greatly doubted whenever a dispute occurs during the performance of such VIE contracts as the purpose in essence of the VIE contracts are to circumvent the restrictions set by the Chinese government for the Chinese contract has made it clear that any contract which tries to cover illegal purpose by using legal means will be deemed as illegal. My understanding is that our government is always too smart to know what needs to be controlled and how to control. So I am all with Jack Ma, rather to play safe with the government and no business partner will be lost if there is sufficiently hu

The latest Judicial Interpretation III on Marriage Law has caused hot debate over the whole society. Yes, the interpretation exactly indicates how high status Chinese women have achieved in their marriage life as they are considered exactly as equal as the men side, and which may be too equal. Yes, the Interpretation gets parents relieved who buy a property for the married china as their life saving assets will be secured from any division by the daughter in law or by the son in law even if divorce occurs. Yes, a man who may used to find it impossible to legally prove the doubt that he is not the biological father to the child he is raising will have strong support in the Judicial Interpretation III to have the DNA test without the wife’s approval as used to and to have such test admitted into court. Yes, even if the party has not paid a penny to a property before marriage date, he or she is, under the latest Interpretation, still eligible for the incr

Case brief:

Party A (wife) and Party B (husband) got to know each other in March, 2000 and registered the marriage in September 28^th, 2000. On March 30^th, Party B bought an apartment with the total price of ￥255,035. On July 7^th, 2000, Party B made the first payment of ￥75,036. On August 31^st, 2000, Party B signed the commercial loan contract with a bank and used the ￥180,000 loan to make the remaining payment for the apartment. On December 6^th, 2000, the apartment is registered under Party B’s name. By the time of December, 2009, the principle for the remaining commercial loan for the apartment is￥86,618.63 and both parties agree the present value of the apartment is ￥1,176,000.

In January, 2010, Party A files a lawsuit, claiming for a divorce and the division of the apartment

                           To be continued

Several days ago, I wrote an article about the fault in divorce and it is my belief that whether compensation for mental damage or for property loss is based on whether any one of the four extreme situations is proved to exist. 1. bigamy is committed; 2. one party who has a spouse cohabits with another person of the opposite sex; 3. family violence is committed; or 4. a family member is maltreated or abandoned.

However, my belief seems to be overruled if not totally, but at least partly. In the Third Part of Guidance for the Key Factors in Handling Marriage and Family Dispute issued by Shanghai Higher Court, No. 1 Civil Tribunal, it lists the four principles in deciding on the divis

Several days ago, I happened to find a blog article about the increase in divorce rate among the eighties and the parents become the main reason for the divorce, as rumor has it. Why is that? As a matter of fact, to me, divorce in China is not an age problem but a social problem, the tolerance of xiao san (mistress) culture, the quick accumulation of wealth and etc.

Among all the divorce cases I have been engaged in, the reasons that cause the death of marriage may vary but the following factors are to a certain extent the marriage killer.

1. Lack of understanding

This may sound unbelievable but this is the truth. With the quick development of the economy in China, the time between courting to marriage seems to be greatly shortened. Some young couple at eighties just get married without even knowing what marriage really mea

It is always a big problem that bothers me from time to time when my client comes to me, claiming the other party is cheating on her and how much mental damage she has suffered. Therefore, she is justified to claim mental damage compensation from the other party for his default. Whenever that happens, I always feel a little bit powerless as the claim for mental damage compensation will be hardly supported unless the four extreme situations prove to exist, no matter how serious the fault is to the party who gets cheated.

Pursuant to Chinese Marriage Law, article 46 Article 46 where one of the following circumstances leads to divorce, the unerring party shall have the right to claim mental compensation:

1. bigamy is committed;

2. one party who has a spouse cohabits with another person of the opposite sex;

When the divorce war field expands to the court, the court will become the place full of abuses, accusations. More often than not, child custody will evolve into a thorny issue when both parties forget what they believe at the first time that they should do what is to the best interest of child. Each party, with the trial going on, will allege never to give up the child custody and will tell lots of stories how he or she cares for the child and how the other party never spares time with the child. When that situation occurs, it will become very difficult for the judge to decide which party is telling the truth. Therefore, the tangible factors will turn into key reasons for the judge to decide on the child custody, sometimes the only reasons even if, to me, such tangible factors sometimes becomes too important for the judge to decide on who shall have the child custody.

Whenever child custody is fought for, if