Legal Information

Firm news, insights on new laws, and frequently asked questions.

25 2026-9

Does being separated for two years automatically lead to a divorce?

There is no automatic divorce in China: there are only two paths, namely registration of an agreement (including a 30-day cooling-off period) or litigation; separation for more than two years is only one of the circumstances recognized as a breakdown of the marriage relationship in Article 1079 of the Civil Code, and divorce still requires a court judgment or mediation.

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25 2026-9

Can the spouse apply to revoke the transfer of the house to their parents at a low price?

If the jointly-owned property is transferred to the parents without compensation or at a significantly low price, the parties may request its revocation in accordance with Articles 538 and 539 of the Civil Code (within the one-year exclusionary period) and claim a reduced share for the transferring party in accordance with Article 1092; the determination of ownership is a prerequisite for this.

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25 2026-9

How to collect evidence when a spouse is living with a third party?

The evidence collection focuses on chat records, entry and exit records, transfer vouchers, guarantee letters, and police intervention records, which must be obtained legally. Co-habitation constitutes a major fault, and claims can be made in accordance with Article 1091 of the Civil Code. If a spouse gifts property to a third party during the marriage, the other spouse can request the return of t...

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25 2026-9

After the divorce, who will get custody of the children?

The custody rights are determined in accordance with Article 1084 of the Civil Code: for children under the age of 2, the mother shall have the primary right to custody; for children aged 2 or above, the custody shall be determined in accordance with the principle that is most beneficial to the minor children; for children aged 8 or above, the child's wishes shall be respected; and any change in t...

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25 2026-9

After marriage, how is the house jointly repaid by both spouses divided in the event of divorce?

After marriage, the parties jointly repay the mortgage for the pre-marital house, and the house generally belongs to the party who registered it. The remaining loan is the party's personal debt. According to Article 78 of the Interpretation of the Marriage and Family Code, the party who registered the house shall compensate the other party for the joint repayment of the loan and the corresponding ...

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25 2026-9

Can a prenuptial agreement stipulate the division of marital property after marriage?

According to Article 1065 of the Civil Code, a prenuptial agreement may stipulate in writing that the assets acquired after marriage shall belong to each spouse separately, jointly, or partly to each spouse, and such agreement shall be binding on both parties. The enforceability of the debt against the other party shall be subject to the condition that the other party is aware of the agreement.

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25 2026-9

How to avoid being "saddled with debt" during a divorce?

According to Article 1064 of the Civil Code, joint debts signed by all parties and debts incurred for daily household matters are considered joint debts. If the debts exceed what is necessary for daily life, the creditor shall provide evidence. In the case of debt sharing in a divorce agreement, the debtor's obligation does not bind the creditor, and the debtor can seek reimbursement after assumin...

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25 2026-9

How to draft a prenuptial agreement that is legally valid?

A prenuptial agreement, once signed in writing, is binding. The essential elements for its validity are voluntariness and authenticity, and the content must be legal. Notarization is not mandatory, but it can enhance the evidentiary force of the agreement. The clauses of the agreement should avoid including provisions that restrict marital freedom or other personal rights.

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25 2026-9

How to prevent the house bought with parents' money from becoming a marital joint asset?

Before marriage, parents contribute funds to register personal property under the child's name; after marriage, the contribution of funds should be explicitly stated in writing as a gift to only one party, otherwise it will be treated as joint property. According to Article 1063 of the Civil Code and Article 29 of the Interpretation (I) of the Marriage and Family Chapter, it is necessary to plan a...

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25 2026-9

How long does it take to terminate the contract and claim compensation if the employer fails to pay wages on time?

The contract can be terminated if the employer fails to pay the salary for more than one pay period, and the employee can claim economic compensation equivalent to one month's salary for each completed year of service. In the case of arrears in wages for nearly 20 months, the parties reached a settlement and the employee received 307,000 yuan in compensation.

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25 2026-9

How long is the remaining sick leave period for employees who haven't taken all their sick leave days?

The medical leave period is generally 3 to 24 months, determined based on the actual length of service and the length of service with the current employer. During the medical leave period, the employer may not arbitrarily dismiss the employee. If the employment contract is terminated after the medical leave period, the employer shall pay economic compensation to the employee.

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25 2026-9

Can employees who are transferred to a new position and have their salaries reduced refuse the transfer and salary reduction?

The amendment of the labor contract must be subject to mutual consent and written confirmation; if the unilateral transfer of posts and reduction of salary lacks rationality, the employee may refuse it. Do not quit work impulsively. The employee should file a written objection and keep the evidence, continue to work at the original post, and may forcefully terminate the contract and claim economic...

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