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Sign up with Google Sign up with FacebookQ: Divorce with a Chinese - extra complicated?
Is divorcing with a Chinese an especially complicated affair? It seems like divorce is already a headache, but with property settlement, who gets to keep the kids, compensation, education, visas, etc. divorcing with a Chinese in China sounds like...hell.
What might prevent a foreigner from divorcing and then just leaving China without ever fulfilling his or her end of the bargain?
11 years 36 weeks ago in Visa & Legalities - China
If the foreigner had their marriage registered with their consulate (which almost all of them do) and then gets a divorce and leaves the country, the spouse can then pretty easily go after the foreigner in their home courts for what is due them.
Of course some Chinese spouses will just take the kids somewhere and hide in China using them as a bargaining chip in the divorce settlement.
But as you said, divorce anywhere is messy.
if you married in china , and you both want to divorce , just go to where you got married , pay 420 rmb ,fill out the papers ,and you will have your divorce . and if she don't want a divorce and you do just tell her your leaving to a different country ,and she will never find you ,and it will cost her a lot to divorce you on her own
Divorce between two Chinese nationals can be fast and cheap, done by filling a form at the Marriage Bureau and signing a mutual agreement for asset division, rather fast and cheap. If there is no agreement, then must be at Marriage Civil Court, higher complications and expenses. But the rules are very specific to who gets what.
if the marriage is between a Chinese national and a foreigner, must be done at Court, with Judge dividing assets unless there is a prior agreement that the Court must approve. Could bew easy and fast, could be slow and tedious, besides expensive.
I have two friends, one in Shanghai the other in Tianjin. One was in court the other at the marriage license office. The one at the license office married and the divorced the same woman three times. They just remarried. The other, his wife tried to take everything but luckily he had a copy of the bank book that had a last entry date and was able to confirm he was the one putting the money in, because if you are working legally, you show your FEC and contract, thus saving you heartbreak. If you are working legally and they didn't ask, make a copy, give it to them and force them to put it on file. My friend received almost 100% of his assets even when she emptied the account and hid the money. She was then detained, fined, and eventually had to pay the money back or spend a 1 and a half in prison
Ok, what about this case:
You married a Chinese citizen, you get your residence permit during married. Now, you get divorced... can you still get any kind of visa to stay in China with your 3-years old daughter after you are divorced?
No way. Even your daughter is Chinese, you can't apply for visit visa. Because you are divorced. The only thing you can take her to your own country. My case a little close to yours.
CARLGODWIN1983:
This is the same for me, and my son is now registered Chinese.
With regards getting divorced, I did mine in a couple of hours.
Depends on how your soon-to-be ex plays, but mine was mutual and calm.
No way. Even your daughter is Chinese, you can't apply for visit visa. Because you are divorced. The only thing you can take her to your own country. My case a little close to yours.
QUESTION:
I got divorced from my Shanghai wife. She got custody of the kid and half the value of the house. The court decision is that she is to pay a settlement to me. NO ONE APPEALED THE DECISION. Now she is saying that I have to sign to allow her to sell the house because I filed with the housing office so that she could not sell the house during the court case. She is claiming that if I do not sign the paper she will not have to follow the court's decision.
I am trying to follow the rules and I have not been ordered to sign anything. I was told (IN VERY SHORT EXPLANATION) that after the decision was made that she should pay the settlement within 30 days after the decision is final without appeal. Should I just wait the 30 days and then petition the court to force settlement?
Thank you for your help...
Wow, look at all those Westerners with deep experience with divorcing Chinese women. They sure do know how to treat a lady.
Bruce's answer is the correct one, and I know because I have done it myself.
Court's decision is final. Contempt of a Chinese court is worse than one back home. The Chinese court will deal with her if you ask them to.