Frequently Asked Questions

24 2026-9

How can a foreign-related divorce judgment be recognized in China?

Foreign divorce judgments must be submitted to an intermediate court for recognition in accordance with Article 301 of the Civil Procedure Law. Only after the ruling takes effect can one remarry and transfer their household registration. If one remarries before the judgment is recognized, it may constitute bigamy and render the marriage invalid.

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24 2026-9

Can a divorce application be withdrawn during the divorce cooling-off period?

Within 30 days after filing the registration application, either party may withdraw it; if the divorce certificate is not claimed within 30 days after the expiration of the time limit, it shall be deemed as a withdrawal. There is no cooling-off period for litigation divorce. If you find that the other party has transferred property, you can sue and apply for preservation of evidence.

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24 2026-9

What are the consequences of poorly drafting a prenuptial agreement?

An agreement must be in writing to be binding; the provisions of the real estate gift can be revoked if the transfer of ownership has not been completed; and if the agreement is unclear, it shall be handled in accordance with the statutory joint ownership. Listing the property and having it notarized can reduce the risk of the agreement being invalidated.

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24 2026-9

The other party doesn't agree to the divorce. Can I file a lawsuit online?

The other party's disagreement does not affect the prosecution. Cases can be filed online through the People's Court Online Service Platform, and the ordinary procedure is generally concluded within six months. If the couple has been separated for more than two years or has been separated for more than one year after the court's ruling against divorce, the court should rule in favor of divorce upo...

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24 2026-9

Do grandparents raising a child have any impact on custody rights?

If the children have lived with their grandparents for many years and the elderly are willing to assist in caring for them, this can be considered a priority condition for custody. The court shall make a judgment in accordance with Article 1084 of the Civil Code, giving the greatest consideration to the interests of the minor children, and respecting the child's wishes if the child is over eight y...

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24 2026-9

Where can I go for legal advice in Beijing?

In Beijing, you can call the 12348 public legal service hotline for free consultation, and those in need can apply for legal aid. When hiring a lawyer, you must sign a written contract, pay fees through official channels, and request an invoice.

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24 2026-9

How to protect your rights if your house is forcibly demolished?

After the forced demolition, an administrative lawsuit should be filed within six months to confirm the illegality. The statute of limitations for claiming state compensation is two years, and the compensation shall not be less than the legally prescribed standards. The items in the house and the losses from production and business suspension should also be claimed together.

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24 2026-9

When getting a divorce, is the money in the stock and fund accounts considered joint property?

After marriage, the investment income from stocks and funds belongs to joint property, while the pre-marital principal and natural appreciation belong to the individual; if one conceals or transfers the assets, they may receive a smaller share or no share at all. If the concealment or transfer is discovered within three years after the divorce, the other party can still file a lawsuit against them...

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24 2026-9

How to modify the breach of contract liability clauses during the contract review?

The penalty for breach of contract should be set at a reasonable level based on the actual losses, typically between 10% and 20% of the contract amount. If the penalty is excessively high compared to the actual losses, it may be reduced at the discretion of the court. It is essential to include a provision in the contract stipulating that the attorney's fees will be passed on to the other party.

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24 2026-9

Can civil and commercial litigation lawyers handle divorce cases?

Lawyers are not restricted by the type of cases they handle, and civil and commercial lawyers can represent clients in divorce litigation. Simple procedures are concluded within three months, so when choosing a lawyer, you should consider their family law experience and their ability to obtain evidence of assets.

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