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Sign up with Google Sign up with FacebookQ: What is the difference between Chinese and Western Marriage Law?
I was just wondering if somebody knows some differences of the laws. What duties do I could face in China, which I would not have to face in the West? What am I liable for (things I bought before marriage, money I had before, or just aquired after?). Would be nice if somebody could advise a bit
12 years 15 weeks ago in Relationships - China
One thing you should understand to begin with, is that in China, one thing is what the Law says, and another is how each different government employee applies it. This is why it is so common to be denied something by one official, just to be granted by another one the next day.
That said, the Chinese marriage law is, in general, the same as similar laws on any other country. Pre-nuptial agreements are acceptable, and comunal property should be distributed equaly.
In actual experience I do see some differences in its application, do. Of those I know that have divorced, if a child is a boy, it will stay with the father in many instances. if it is a girl, with the mother. Fathers in general pay no alimony towards raising their kds, nor they are prosecuted for that. I read an article a few weeks back where it said that Family Courts were telling divorcing couples that the apartment stays with the wife and kid, the husband must move away. But I do not have actual case confirmation, just a tendency reported on the local press.
Now, if the marriage is between a local and a foreigner, then all bets are off. I do not know of one case where tha laowai came on top, or even. I knew an older man married to a 43 years old woman with a teenager daughter from aprevious marriage. She and her daughter physically abused the old man in their quest for money. Beat him many times, hospital and police records proved this. It was his apartment prior to the marrige, bought and paid by him months before the mrriage ceremony. Yet, when the divorce was granted, the apartment and asll contents were given to the local Lady. All he got were his clothes.
So, if you are contemplating a divorce, I do advise you to reach an agreement instead of allowing the Court to decide. And if you are thinking of getting marriage, a pre-nuptial stating clearly wht you own prior to the marriage is a must for your own protection.
The Marriage Law of China, English version, could be read at:
http://www.procedurallaw.cn/english/law/200807/t20080724_40987.html
and for a brief explanation of how it works, please refer to :
luggi:
and does it just count for local things or also if I have a house abroad?