加载中…
contacts

Ann Lee

Shanghai DeBund Law Offices

Tel:00862152134900

Fax:00862152134911

Email:annlee@debund.com

Address: Floor 21th, No.819, West Nanjing Road, Shanghai,China

个人资料
divorceinchina
divorceinchina
  • 博客等级:
  • 博客积分:0
  • 博客访问:18,576
  • 关注人气:23
  • 获赠金笔:0支
  • 赠出金笔:0支
  • 荣誉徽章:
访客
加载中…
好友
加载中…
评论
加载中…
分类
博文
标签:

marraige

A guarantee note posted on internet on March 4th has drawn great attention which states: I decide to marry myself out of my family before I turn into 26 years old. If I did not get married by then, I will voluntarily pack up and live on the street.

(http://xm.ifeng.com/jinriredian/xiamen_2015_03/08/3628477_0.shtml)

This is not a joke but a real story about a 24 year old kindergarden teacher, who failed to show up to participate in the blind date the mother arranges and wrote the note to satisfy her mother.

It seems the parents are more worried about their children’s lifetime event. My pity for the young girl but the parents’ worry is not foundationless. To find Mr or Ms right at the right time in the right place nowadays is not a easy job. It

阅读  ┆ 评论  ┆ 转载 ┆ 收藏 
标签:

forcing

marriage

情感

During 2014’s Spring Festival, an advertisement launched by baihe.com, a match-making website caused hot debate among the society and some netizens even started a boycott against Bai He by thousands of people. This advertisement is about a girl chooses to marry a boy whom she found through Bai He, the match making website, to satisfy her grandmother’s final wish, which as to Bai He, is a true story. To lots of girls and boys who have reached marriage age but still stay single, this advertisement, using family love to force them to get married, is a moral blackmail in a real sense.

In 2015 on February 14th, several girls claiming themselves alliance of leftover girls walked in downtown Shanghai, holding signs against being forced to marriage, “Mum, do not force me to get married during the new year, “my happiness, my decision” and etc. Strategies against being force to marry can be easily found from wechat, blogs and websites. To those who reach marriage age but stay sing

阅读  ┆ 评论  ┆ 转载 ┆ 收藏 
标签:

globalization

divorce

Believe it or not, the globalization of Chinese divorce is an unavoidable trend instead of a big talk. As far as I am concerned, several factors work together to make the globalization happen, the marriage between a Chinese citizen and a foreigner, the investment abroad either by a Chinese citizen or entity, immigration abroad of Chinese people, the ever increasing number of foreigners in China and etc.

As a survey shows there are three foreign related marriages in every 100 newly married couples. Shanghai has the largest number of foreign related marriages and Guangzhou follows after among all the provinces and cities in China. As statistics further shows that from 1996 to present, the registered foreign related marriage is more than 21,000 couples with 3,000 couples registered in average every year, a more than 10 times’ increase than that of 1980. Ever since 1980, the number of foreign related marriage is

阅读  ┆ 评论  ┆ 转载 ┆ 收藏 
标签:

宠物

community

debt

Case brief: (http://rmfyb.chinacourt.org/paper/html/2014-11/05/content_90043.htm

Five years ago, A Lin unmarried, at the age of twenty, got to know Jun Wei, who claimed to be single and the two fell into love soon after. Later, discovering herself pregnant, A Lin pushed Jun Wei to go to home town in Guangxi for marriage registration and after settling down A Lin, Jun Wei got two marriage certificates through a friend with a fake ID card. In March, 2012, A Lin gave birth to a baby boy. However, not long after the birth of the baby boy, A Lin discovered before Jun Wei met her, he had already married with two daughters during the marriage. Jun Wei’s real name was Hao Wei and the marriage certificate she had at hand is fake.

 

阅读  ┆ 评论  ┆ 转载 ┆ 收藏 
标签:

evidence

community

assets

As the Chinese saying goes a clever house wife can not make a good meal without ice, in China, a lawsuit is all about evidence. (Of courts, it is totally up to the court about what can be considered as valid evidences.) No matter how many assets you believe the other party has had in his or her own name which shall be subject to be divided as they are community assets, I need the evidences to prove the existence of such assets first.

It is impossible for me to exhaust the list of what are qualified evidences for the division of community assets but I will try to give a summarization about what kinds of evidences the court usually will take a look at in the division of community assets.

Based on whether they are accessible or not, evidences can be categorized as: 1. evidences at hand, 2. evidences accessible to lawyers, 3. evidences to be acquired with a court order,

阅读  ┆ 评论  ┆ 转载 ┆ 收藏 
标签:

child

custody

If you ask me, child custody is what you have to fight for no matter how slim your chance is to get.

The reasons are multiple. No. 1: Your child will know finally at least you are fighting for his or her custody and you love him or her. The pain caused by the problem that father or mother does not want me will be lessened if not totally erased. No. 2: To fight for the child custody makes you a human to the judge. In divorce courts, most of the judges are married with children and a parent who does not want the child custody looks bad to the judge. No. 3, child custody, is in fact, a very, very important factor the court will take into consideration in division of community assets especially where there is a house involved. Sometimes, who gets the child custody will get the only house for the court hates to see a child with a parent homeless. No.4 It is just a strategy to push the other party to make a concessi

阅读  ┆ 评论  ┆ 转载 ┆ 收藏 
标签:

evidence

divorce

When a divorce is coming, a female client will always have so many stories to tell and always believe what she tells is the truth and all the truth. When I ask her about what to support her stories and more often than not, she will feel hurt and wonder why I just can not believe her.

Yes, I trust my client and I will never choose a client that I do not trust. However, it is in China. No judge will give attention to your story unless you submit qualified evidence to prove what you are telling or unless you acknowledge what is against you. Of course, the evidence has to be valid and acceptable to the court. Sometimes, the clients just show you piles of piles documents with nothing useful for the case. It is up to the lawyer to help the client sort out what are useful evidences and what are not. But it is up to the client to collect the evidences necessary for the coming lawsuit with the lawyer’s guidance as the

阅读  ┆ 评论  ┆ 转载 ┆ 收藏 
标签:

being

divorced

Case Brief:(from http://bjwb.bjd.com.cn/html/2013-02/21/content_50017.htm)

Ms Ma and Mr. Liu are classmates at university. In 2003, the two got married and no child was born after marriage. In 2004, Mr Liu flew to Canada for study while Ms Ma remained in China for work. Mr Liu, one month after his arrival in Canada, sent an email to Ms Ma about the school he was study in, the address and contact number. Afterwards, not a word is from Mr Liu any longer. In 2004, Ms Ma flew to Canada to visit her husband only to find the school Mr Liu mentioned in Email had no information about Mr Liu, nor is there any trace of Mr Liu at the place Mr Liu told in his email. The contact number is forever an empty number. Mr Liu just disappeared. Ms Ma has no choice but to come back to C

阅读  ┆ 评论  ┆ 转载 ┆ 收藏 
标签:

divorcevenue

When foreign divorce is related, the first question is always where is the best place to solve the divorce to the best interest of the party or parties involved and whether the best place is qualified to get the divorce issue solved. The first is the decision to be made by either party or the couple together after evaluation of all the factors involved. Of court, to work out a best choice to both parties’ satisfaction needs the joint efforts from the lawyers from two different countries. The second is about jurisdiction, ie., whether the couple can get divorced in compliance of the laws of the place where they choose. Sometimes, the best choice turns out the impossible choice as the laws in the place the couple chooses to divorce have no jurisdiction.

This article will hopefully give the readers some idea about under what circumstances the Chinese law have jurisdiction over so that if unfortunately, a divorce

阅读  ┆ 评论  ┆ 转载 ┆ 收藏 
标签:

virginityright

The day before yesterday, various websites issued reports or reproduced the reports from the other web sites about the first virginity right violation case in Shanghai and the judgment which also causes hot debates online and off line.

As a matter of fact, if you have a rough online search, you may find it is not the first reported virginity right violation case in China. The first virginity right violation case took place in 2000.  In that case, the plaintiff’s claim for compensation of mental damage due to the violation of virginity right is not supported even it has caused one time hot debate.  On January 21st, 2013, the judgment of the first violation of sex right case in Beijing was pronounced, the defendant is liable to compensate the plaintiff in the amount of ¥150,000. This case, even if in favor of the plaintiff, does not cause too much attention from the society.

阅读  ┆ 评论  ┆ 转载 ┆ 收藏 
  

新浪BLOG意见反馈留言板 电话:4000520066 提示音后按1键(按当地市话标准计费) 欢迎批评指正

新浪简介 | About Sina | 广告服务 | 联系我们 | 招聘信息 | 网站律师 | SINA English | 会员注册 | 产品答疑

新浪公司 版权所有