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Q: wedding abroad and in China - which one settles division of property?
If you choose to have two weddings - one in your home country and one in China - which one determines division of property in case of divorce? Does it only apply for the money and property you own in the country of the wedding. Would the 'Chinese wedding' only encompass assets you hold in China in case of a divorce?
This is a very good question for legal minds. Unfortunately, there is not an easy way to give you a legal answer. And please, allow me to explain and expand my answer first.
Basically, the answer will depend on which specific countries you do consider. many countries do recognize marriages performed in another country, but it will be a bit harder to enforce decisions given by a foreign Court is some cases. maybe the marriage performed first does count as "more valid and binding" and the laws of that country will be used to divide property in case of a divorce. But also please keep in mind that if by a divorce decree in China requests are made to divide property abroad, it is my understanding from what I have heard from friends who went thru this that local courts will only address property within China, and will not even look at property held abroad. But I have never confirmed that.
I would say that if you marry in China. with a Chinese national and you are a foreigner, if the marriage ends in a divorce in a Chinese Family Court, only assets within China will be divided, and in all probabilities, the local will receive the sympathy of the Court in their decison.
As of my own personal experience, orders by Civil Courts abroad are in fact royally ignored in China. There is no way to get local authorities to enforce them.
LAR:
Hi HappyExPat,
I wonder if it would be good for a foreign guy marrying a Chinese gal to get a prenuptial agreement? What do you think? I assume that such an agreement is not available in China. :(
I am not a "legal mind", but as a layman I am wondering if it is legal to have two weddings at all. If your first wedding is recognized in another country, you should not be able to marry their again. When it comes to divorce proceedings, I am quite sure the place of divorce is more important that the place of the original wedding.
Your marriage registration can take place only at Official Registration Office.
If you decide to get registered in Shanghai, then you're subject to Chinese law and regulations.
If you decide to get registered for instance in France, then you're subject to French laws and regulations.
What matters is not how many weddings you have (you can have three with the same woman), but where you officially registered your wedding the first time (the 2nd and 3rd won't count if you haven't divorced before).
As for the division of property or fortune, it's not a de facto condition when you get married. You both need to go to see a lawyer to make the papers to create this matrimonial division of property. I am not sure the Mariage Registration Office is allowed to provide such services. In case of divorce, this paper will certify the division of property as stated on a due date.
Try to read a bit here : http://www.familylaw.com.cn/marriage/m_premarital.htm
It may give you some hints about what you plan to do.
