Frequently Asked Questions

26 2026-10

What are the new requirements of the latest Civil Code for the procedure of divorce by agreement?

The new cooling-off period for divorce by agreement in the Civil Code: the application can be withdrawn within 30 days after receipt, and the couple must personally pick up the divorce certificate within 30 days after the expiration of the cooling-off period. Failure to pick up the certificate within the time limit shall be deemed as a withdrawal of the application. Registration must be based on t...

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26 2026-10

Can the cooling-off period for divorce be shortened?

The cooling-off period for divorce cannot be shortened on one's own. According to Article 1077 of the Civil Code, there is a 30-day withdrawal period and a 30-day application period, which are mandatory by law. In cases of domestic violence and other circumstances, people can file for divorce through litigation to bypass this requirement.

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26 2026-10

How to draft a prenuptial agreement for a remarried family?

For remarried families, the prenuptial agreement should specify the list of assets and their ownership, and it should be in writing to be effective according to Article 1065 of the Civil Code. For matters involving the inheritance of children, a separate will can be drawn up to address these issues, and it is recommended to have important assets notarized.

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26 2026-10

Do both spouses need to sign for joint debts?

The joint debts of a married couple do not necessarily require both parties to sign; according to Article 1064 of the Civil Code, loans for daily household needs are considered joint debts, and the excess part must be proven by the creditor to have been used for the common life of the couple.

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26 2026-10

How are overseas assets divided during a divorce?

The division of overseas assets follows the principle of joint ownership, but there are difficulties in jurisdiction, investigation, and enforcement. Chinese courts can handle these matters together, the key lies in notarization, authentication, and judicial confirmation. Foreign nationals must file a lawsuit or engage in mediation to divorce.

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26 2026-10

Does the divorce cooling-off period apply to both consensual divorce and litigious divorce?

The cooling-off period for divorce only applies to divorce by agreement, and divorce by litigation is not subject to any restrictions. According to Article 1077 of the Civil Code, the cooling-off period lasts 30 days. The couple must register their marriage within 30 days after the cooling-off period expires, and any delay beyond this time will be considered a withdrawal of the application.

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26 2026-10

How to apply for a personal safety protection order?

A personal safety protection order should be applied to the grassroots court in accordance with the Anti-Domestic Violence Law, and evidence of domestic violence should be submitted. The court will make a ruling within 72 hours, and an emergency ruling within 24 hours. The order may prohibit violence and harassment, and order the offender to move out.

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26 2026-10

How to apply for state compensation?

The state compensation shall be firstly submitted to the obligated organ for compensation. Administrative compensation may be raised simultaneously in the administrative reconsideration and litigation. Criminal compensation must first be handled by the obligated organ. The statute of limitations is two years, calculated from the date when the illegal act is confirmed.

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26 2026-10

What do government information disclosure lawyers do?

Government information disclosure lawyers help clients apply for the disclosure of information and file lawsuits to protect their rights when their applications are rejected. According to Article 33 of the Regulations on Government Information Disclosure, authorities should respond within 20 working days, and Article 51 provides relief channels.

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26 2026-10

Can an independent guarantee be stopped by the court?

An independent guarantee can be stopped by the court, but it requires proof that the beneficiary committed fraud or that the payment request is clearly unfounded. According to Article 12 of the Supreme Court's Regulations on Independent Guarantees, stopping payment is an exceptional remedy and usually requires a guarantee.

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26 2026-10

Can future accounts receivable be factored in the future?

In the future, accounts receivable can be factored, provided that they meet the requirements of specificity and reasonable predictability. According to Article 761 of the Civil Code, accounts receivable that are yet to be obtained can be transferred, the key point being that the underlying transactions must be genuine and the amounts involved must be identifiable.

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26 2026-10

Can the factor refuse to recover the debt from the debtor?

The factor collects the payment from the debtor. The debtor may refuse to pay on the grounds of defenses based on the underlying contract (such as non-delivery, quality defects), but only on the basis of the underlying relationship. The debtor may not use the unknown transfer to oppose the bona fide factor.

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26 2026-10

Can the penalty and the obligation to continue to perform be claimed together?

Whether the penalty for breach of contract and the obligation to perform the contract can be used concurrently depends on the nature of the debt: for monetary debts, the payment of arrears can be used concurrently with the penalty for breach of contract; for non-monetary debts, if the performance is impossible, the compensation shall be resorted to, and the two cannot be simply superimposed.

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