China's new divorce law, which makes separation more difficult for couples, has prompted husbands and wives to rush to file applications to dissolve their marriages because they believe the new terms complicate the process, media lawyers said.
Hong Kong-based South China Morning Post reported Monday. Divorce lawyers have been inundated with requests from couples who filed for divorce before the 30-day deadline, media reports quoted lawyers as saying. After the 30 days, a couple can apply for official divorce documents a second time at their local civil office.
Divorce lawyers have been inundated with requests from couples who filed for divorce before the 30-day deadline, Hong Kong's South China Morning Post reported Monday. In some cities, such as Guangzhou, the demand for advice from divorce lawyers is so high that providers charge high prices online to help couples make appointments. After the 30 days, a couple can apply for official divorce documents a second time at their local civil office.
A lawyer from Sichuan province who specializes in divorce said he has already received numerous calls from concerned clients who are concerned that the new law will make divorce more difficult and affect freedom of separation.
The applicant may apply for an absolute decree, which is the final stage of the 離婚協議書 to resolve children and finances. If one party withdraws from the agreement before the 30 days expire, the request is cancelled so that the other party can re-apply, restart a 30-day clock or file for divorce, a costly and lengthy process.
Returns can be more expensive and complicated when assets are held abroad, such as in Hong Kong or abroad. The same rules as the absolute decree and a mirror order may apply to the property, assets and other assets of the other party's spouse, but not to their children.
There may also be problems as to where the children should live, but this is not in mainland China, but in Hong Kong. Other claims relating to child support are not dealt with, so there is no legal protection for them in the same way as in mainland China.
Cohabitees in Hong Kong have no right to appeal to the above-mentioned civil courts, and there is no legal protection against financial claims that a Cohabitee makes against Hong Kong if they separate. If the agreement is a separation agreement aimed at regulating financial and custody arrangements before filing for 離婚協議書, the post-marital agreement does not contain such provisions.
With border restrictions increasing and Hong Kong looking better than most other countries, it seems best to stay there. One thing expats should think about, and whether their foreign marriage contract is maintained in Hong Kong, is whether or not the marriage will last.
Many continental Europeans conclude local marriage contracts, choose a marital arrangement with separate assets and sign the document. If the marriage were dissolved in her home country, her marriage contract would not be implemented in Hong Kong.
A 離婚協議書 petition can be filed if the persons are already in agreement and are happy to file a joint application.
Indeed, there may be no need for a separation agreement with a wedding agreement in Hong Kong. If you expect disputes due to divorce or your financial or childlike problems, it is advisable to keep a family lawyer to better manage a difficult situation. Since the details of divorce are already detailed in the marriage contract, separation agreements that do not involve legal disputes are likely to reach an amicable settlement.
When a spouse initiates 離婚協議書 in another country, legal costs are expected to increase significantly, especially when disputes arise after deciding which country is best placed to manage the divorce.
It is important to remember that, although the divorce judgments issued by the Hong Kong Court are recognised in many countries, they are not on the same level as the first decree in the country in which they were issued, which will have an impact on the forum in which the first decree is issued in that country.
In this case, both parties are competing for the "first" 離婚協議書, as the order of a court in Hong Kong can then be dealt with by other courts in Hong Kong and other countries.