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Aug17

Essential Terms of China Prenuptial Agreement

Prenuptial Agreement is type of contract created by two people before entering into marriage. This contract could outline each party's responsibilities and property rights for the duration of the marriage. We are China family law lawyers and we draft prenuptial agreement for our clients.

More commonly, prenuptial agreements, also called antenuptial agreement, outline terms and conditions associated with dividing up financial assets and responsibilities if the marriage dissolves. Prenuptial agreements have always been a very controversial topic for couples. Media portrayals of prenuptial agreements show them as devices that celebrities and other similar high net worth individuals use in order to cap the amount of wealth that an ex-spouse can claim. However, when carefully planned and used correctly, a prenuptial agreement can be a fair way of disbursing assets and responsibilities.

Despite some variations, there are some general commonalities in prenuptial agreements and suggested key provisions to consider including to ensure validity and enforceability. Prenuptial agreements:
• are written documents that are signed by both parties
• disclose assets and income of parties, with particular focus upon the disclosure of the wealthier party to the less wealthy party
• in some states, may include a knowing waiver of income and asset disclosures if both parties agree
• cannot result from duress (extreme emotional pressure or stress)
• cannot result from fraud
• should be reviewed and signed well in advance of wedding (the greater the lead time, the better; ideally, several months)
• may be drafted, reviewed, and entered into with or without assistance of counsel
• may result from negotiations between parties, but negotiations are not required
• may include that parties' initials at the bottom of key or all pages of the prenuptial agreement, though there is no legal requirement for this
• may be signed while parties are being video- or audio-recorded to document the parties' understanding of the agreement
• may be accompanied by handwritten statements of the parties in their own words that reflect their understanding and agreement
• must be fair and not leave one party destitute in comparison to the other
• cannot increase the probability of divorce
• cannot limit rights to child support
• cannot waive rights to child support
• will generally be upheld if they contain a blanket waiver of spousal support
• containing specific spousal support agreements are more challenging to uphold
• should not contain frivolous, non-monetary demands
• must be signed voluntarily
• hould not involve any undue influence
• must not be unconscionable.

Contact our China divorce lawyer for more information regarding how to draft a China prenuptial agreement.

 
Aug17

China Prenuptial Agreement, China Antenuptial Agreement

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s China divorce lawyers, we handle not only those divorce cases, but also those drafting prenuptial agreement, or antenuptial agreement. Some even call this premarriage agreement. A prenuptial agreement is essential for foreign nationals to marry a Chinese national.

A prenuptial agreement, antenuptial agreement, or premarital agreement, commonly abbreviated to prenup or prenupt, is a contract entered into prior to marriage, civil union or any other agreement prior to the main agreement by the people intending to marry or contract with each other. The content of a prenuptial agreement can vary widely, but commonly includes provisions for division of property and spousal support in the event of divorce or breakup of marriage. They may also include terms for the forfeiture of assets as a result of divorce on the grounds of adultery; further conditions of guardianship may be included as well.

Prenuptial agreements are, at best, a partial solution to obviating some of the risks of marital property disputes in times of divorce. They protect minimal assets and are not the final word. Nevertheless, they can be very powerful and limit parties' property rights and alimony. It may be impossible to set aside a properly drafted and executed prenup. A prenup can dictate not only what happens if the parties divorce, but also what happens when they die. They can act as a contract to make a will and/or eliminate all your rights to property, probate homestead, probate allowance, right to take as a predetermined heir, and the right to act as an executor and administrator of your spouse's estate.

 
Aug17

China Business Lawyer, China Commercial Lawyer

Commercial law, also known as business law, is the body of law that applies to the rights, relations, and conduct of persons and businesses engaged in commerce, merchandising, trade, and sales. It is often considered to be a branch of civil law and deals with issues of both private law and public law.

Business litigation, in Beijing, Shanghai, Guangzhou, Shenzhen and elsewhere, is almost an inevitable and necessary part of doing business. Any firm dynamic—including growth, governance succession, acquisitions and mergers—necessarily raises the likelihood of business disputes. A proactive approach to any of these situations begins with effective contracts, but disputes, once they arise, can often be mitigated through mediation and arbitration, two legal routes that prove to be cost effective over business litigation.

As a China business law firm with extensive experience around business transactions in Beijing, Shanghai, Guangzhou and Shenzhen, we are experienced and equipped to service a broad variety of business law needs:

• Litigation prevention: A first priority is to avert lawsuits, which we do through holistic thinking and proactive counsel of clients.
• General business litigation: Whether it be breach of contract, matters relating to insurance coverage, negligence, commercial collections, enforcement of judgments or professional malpractice, effective legal representation can bring such matters to timely and satisfactory resolution.
• Internal ownership disputes: When co-owners of businesses are in disagreement, there can be both emotional and significant financial issues involved. Negotiations, litigation and settlements in the midst of complex issues can be managed while preserving the enterprise through skilled legal counsel.
• Employee suits: In a competitive world, new and departing employees present certain business challenges and legal concerns. Key employees must be trusted with proprietary information, and some of them commit breach of employment contracts or make unfounded commission, compensation or wage claims. Other times, claims of discrimination, sexual harassment and other matters are the source of litigation.

 
Jul28

China Criminal Defense Lawyer Consultation

China criminal defense is an important field for a number of reasons. If defendants did not have the right to legal counsel when arrested for or suspected of committing a crime, there would be nothing to prevent the legal system from becoming corrupt. Our China criminal defense lawyer will help you deal with any offense charged in China. Innocent people would be found guilty of crimes they had nothing to do with. Fortunately, the China Constitution grants a defendant the right to legal counsel. If you are facing a criminal matter of any kind, it is important that you exercise this right and consult an attorney as soon as possible. You have the right to an attorney if you are arrested, taken into custody or are wanted for formal questioning. It is important to remember that being suspected of a crime typically means that law enforcement officers are actively working to find evidence that supports your guilt in order to enable the prosecuting attorney to move forward with formal charges. At any stage of your case, your criminal attorney will play an invaluable role in defending your rights and offering you the full protection that our legal system has to offer. Whether in the face of a first shoplifting arrest or an investigation for murder or kidnapping, you have the right to legal counsel. Do not waive this right for any reason.

Matters from Criminal Defense to Personal Injury receive expert analysis; free consultations with a China attorney are available 24 hours a day, 7 days a week. The Firm works closely with forensic experts and investigators to make sure our clients have the strongest possible cases presented in their favor. We employ a broad range of experienced, talented investigators, including former state troopers and medical experts. These specialists are knowledgeable and professional, and know how to build the best case possible for our clients.

 
Jul27

China personal injury lawyer

Personal injury lawsuits cover a wide spectrum of injuries and accidents, including car accidents, toxic exposure and poisoning, defective products and other legal issues. As China personal injury lawyer, we provide information on these areas as well as many of the other most common personal injury claims. If you have recently been injured due to another party's negligence, this information will be very useful to you.

Personal injury laws are affected by a variety of complex federal and state laws. These laws are designed to protect the individual from the negligence or deliberate harm of others and to provide recourse in the event of injury. Because these laws vary from state to state, they can be very difficult to interpret, particularly during a traumatic situation. A personal injury attorney can help you determine your legal rights, give you examples of personal injury settlements and give you an idea of your chances of receiving compensation for your losses.

Some of the civil wrongdoings that can result in personal injury, such as assault and battery, are also considered criminal acts. In these cases, a separate criminal proceeding may take place to address the criminal charges. A personal injury lawyer can help you file a claim for compensation regardless of whether the defendant in the criminal proceeding is found guilty. If you or someone you know has been injured due to the negligence or deliberate malice of others you should contact a personal injury attorney immediately to determine your legal rights.

Because personal injury encompasses so many areas of law, some personal injury lawyers specialize in only one area, such as mesothelioma or defective products. Other firms practice in all areas of personal injury. If you or someone you love has been harmed due to the negligence or wrongful actions of another person, you may want to consider hiring a personal injury attorney.

 
Jul27

China education law

China education law is developing, especially for the young child education. More and more foreign fund are investing in children English teaching. Before you take action, you should be aware of Chinese educational laws as a general guidance.

Education Law of the People's Republic of China

(Adopted at the Third Session of the Eighth National People's Congress on March 18, 1995, promulgated by Order No.45 of the President of the People's Republic of China on March 18, 1995 and effective as of September 1, 1995)

Contents
Chapter I General Provisions
Chapter II Basic Educational System
Chapter III Schools and Other Educational Institutions
Chapter IV Teachers and Other Educational Workers
Chapter V Education Receivers
Chapter VI Education and the Society
Chapter VII Education Investment and Safeguards of Conditions
Chapter VIII External Exchange and Cooperation
Chapter IX Legal Liabilities
Chapter X Supplementary Provisions
Chapter I General Provisions

Article 1 With a view to developing educational undertakings, improving the quality of the whole nationality, accelerating the construction of the socialist material and spiritual civilization and in accordance with the Constitution of the People's Republic of China, the present Law is hereby formulated.

Article 2 The present Law shall be applicable to all kinds of education at all levels within the territory of the People's Republic of China.

Article 3 In developing the socialist educational undertakings, the state shall uphold Marxism-Leninism, Mao Zedong Thought and the theories of Constructing socialism with Chinese characteristics as directives and comply with the basic principles of the Constitution.

Article 4 With education being the foundation for construction of socialist modernization, the state shall give priority to the development of educational undertakings.

The whole society shall pay attention and render support to the educational undertakings.

The whole society shall respect teachers.

Article 5 Education shall serve the construction of socialist modernization, be combined with production and labor and satisfy the needs of training constructors and successors with all round development of morality, intelligence and physique for the socialist cause.

Article 6 The state shall conduct education among education receivers in patriotism, collectivism and socialism as well as in ideals, ethics, discipline, legality, national defense and ethnic unity.

Article 7 Education shall be carried out in the spirit of inheriting and expanding the fine historical and cultural traditions of the Chinese nation and assimilating all the fine achievements of the civilization progress of human beings.

 
May11

Tianjin Lawyer

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ianjin Lawyer covers all aspects of commercial litigation that may arise. The Commercial Dispute Resolution Team is qualified to represent clients in all courts and tribunals in China. Common areas of practice in which the Commercial Dispute Resolution Team is involved in are:

  • Contract disputes
  • Building disputes
  • Defamation
  • Trade Practices Act and Competition Law
  • Contentious probate matters
  • Debt recovery
  • Defacto property disputes
  • Partnership disputes


Tianjin Lawyer have expertise and experience in commercial litigation. Our aim is to identify the critical issues at an early stage of disputes and where possible avoid the potential of litigation and/or conflict between the parties.

The main concern of Tianjin Lawyer is the "objectives" of the clients that are represented and prior to any commercial litigation action, Tianjin Lawyer undertakes an identification process of commercial objectives and the development of a clear plan to manage and minimise the dispute between the parties.

Examination of legal issues between parties is only one aspect of the advice that is given by Tianjin Lawyer. We are conscious of the commercial and economic implications of those issues upon clients and incorporate these aspects when giving advice to clients.

Tianjin Lawyer currently provide advice in relation to:

  • Advocacy
  • Insolvency and reconstruction
  • Liquidation and bankruptcy
  • Product liability
  • Trade practices and competition
  • Advertising and marketing
  • Compliance
  • Property and trust
  • Intellectual property
  • Defamation
  • Tax
  • Corporation
  • Insurance
  • Fraud
  • Property
  • Product Law Liability - Advising on issues relating to consumer food manufacturing, retail, financial, medical, pharmaceutical and transport sectors.

We have Tianjin Litigation lawyer, Tianjin divorce lawyer, Tianjin employment lawyer, Tianjin intellectual property lawyer, Tianjin labor lawyer, Tianjin arbitration lawyer.

 
May11

Chengdu Lawyer

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amily law regulates the private aspects of our lives. Unlike many areas of the law it has a uniquely personal and lasting impact. For this reason it is essential you receive good advice on your legal rights and obligations. Negotiated resolution of disputes, at an early stage, is encouraged.

Our Chengdu Family Lawyer team is dedicated to providing our clients with a service of the highest quality, relying on up-to-date knowledge of legal authorities and a broad range of experience in Chengdu Family Law matters. We have associated offices through our Chengdu law offices. This enables us to be a truly global law firm being able to represent you and your interests worldwide.

We have been successfully protecting our clients' rights in respect to all areas of family law since 1995, including:

  • Marriage
  • De facto relationships
  • Separation
  • Divorce
  • Property “Pre nuptial” agreements for married or de facto couples entered into prior to entering a relationship or during a relationship
  • Property settlement after separation
  • Spousal Maintenance
  • Children’s issues

On top of family law, we also have Chengdu employment lawyer, Chengdu divorce lawyer, Chengdu litigation lawyer, Chengdu trademark lawyer, Chengdu labor lawyer, China English speaking lawyer.

 
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I am a licensed China lawyer. Most clients are foreign nationals and companies. China Lawyer Blog have associates in Beijing, Shanghai, Tianjin, Guangzhou, Suzhou, Nanjing, Qingdao, Fuzhou, Hainan, Hefei, Wuhan, Xian, Changsha, Xiamen and Hangzhou. Learn More

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This China Lawyer Blog is aiming at providing better knowledge and understanding of Chinese law for foreigners. Should you have any legal issue in China, do not hesitate to contact China Lawyer Blog for consultation. Preliminary consultation is free. Further legal service, however, will be charged in due rate and in due course.

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China Lawyer BLog AuthorPeter Zhu, an experienced China attorney licensed to practice law for more than ten years, the author of this China Lawyer blog, welcomes any enquiry or consultation related to Chinese law.