Find here the Daxue Talks episode 14. From the talk with Gabriel, learn in less than 5 minutes about the essentials things to know about Foreigner-Chinese marriages.
Full transcript below:
I am Gabriel from Shanghai Li Dong Fang Law Firm, I am a lawyer with 7 years of working experience. My specialty is labor law, company law, intellectual property rights, trademark, copyrights and international trade, banking rules.
- If a foreigner marries a Chinese person and lives in China for the rest of his/her life, can the foreigner get his/her Chinese citizenship? Can their kid go to a public school in China?
Well, although the Chinese law provides the foreigners with Chinese passes, who stayed in China for no less than 9 months each year and has stable income and residence can apply for Chinese citizenship, still, it is very difficult for foreigners to do that. However, they can be granted long-term residence permits.
If their children, if their kids are registered as Chinese, yes, they can go to public school in China.
2. What is the process of preparing a prenuptial agreement in China for foreigner-Chinese marriage?
Well, it’s the same as marriage Japanese-Chinese. In China, the prenuptial agreement the Chinese law provides, the prenuptial agreement should be made in writing. And, the couple can go to the not free office to have such a prenuptial agreement authorized. However, it is not compulsory in Chinese law.
3. Up to 50% of marriage end up in divorce in Shanghai, what rules regulate the responsibility of Child Care?
Well, the Chinese court often put the kids into the custody of the side it considers more appropriate to release them. The other side has the right to visit the children from time to time and should bear the childcare cost; apart from the childcare cost which accounts for 20 to 30 percent of their salary.
4. Up to 50% of marriage end up in divorce in Shanghai, what rules regulate the split of wealth such as apartment or other belongings?
In the case of the couples having signed the prenuptial agreement, all the properties covered in such an agreement shall be divided according to the agreement. And, in the case of couples who haven’t sign a prenuptial agreement, the properties obtained in the course of their marriage shall be divided equally but in the couple. The properties obtained or acquired before the marriage shall be their own properties.
However, in the case of apartments and flats, if the apartment is acquired before they signed marriage, the other side also participated in paying back the loans, such apartments and flats shall be divided according to the proportion of the other side’s loan, according to the proportion of the other side’s share of loan.
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