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Beijing, China Attorneys in related practice areas.
Family law in Beijing, China is a branch of civil law that deals with matters related to family relationships. It encompasses a wide range of legal issues including marriage, divorce, child custody, alimony, property settlement, and adoption. The legal system in China is based on Civil Law principles, heavily influenced by traditional Chinese legal thought and socialist system values. In Beijing, as in the rest of China, family law matters are primarily governed by national laws, such as the "Marriage Law of the People's Republic of China," the "Family Education Promotion Law," and other relevant laws and judicial interpretations.
Common situations where individuals may require legal help in family law include:
The key aspects of local laws in Beijing that are particularly relevant to Family law include:
In Beijing, divorce can be filed either through an agreement between both parties or through litigation in court if an agreement cannot be reached. If filing by agreement, both parties must go to the local civil affairs bureau with their identification documents, marriage certificate, and a written divorce agreement.
Child custody is determined based on the best interests of the child, considering factors such as the child’s age, the parents’ ability to educate and raise the child, and the child’s wishes if they are deemed old enough to express reasonable preferences.
Prenuptial agreements are recognized in Beijing and must be notarized to be considered valid. They typically include stipulations regarding property division and spousal support in the event of a divorce.
After a divorce, property acquired during marriage is generally considered joint marital property and subject to equitable division, unless otherwise stipulated in a valid agreement.
Adoptive parents must be childless, capable of raising and educating an adoptee, without illness that is medically incompatible with adoption, and over the age of 30.
Same-sex marriage and adoption by same-sex couples are not currently legally recognized in Beijing or anywhere else in China.
Spousal support, or alimony, is awarded based on factors such as the length of the marriage, each spouse’s economic circumstances, and their contribution to the family during the marriage.
Yes, you can apply for the modification of a child support order if there has been a significant change in circumstances since the original order was made.
In cases of domestic violence, victims can seek protection orders, and perpetrators may face legal penalties. Domestic violence also constitutes grounds for divorce.
If there is no will, the property is distributed according to the statutory order of inheritance, giving priority to the deceased’s spouse, children, and parents.
Resources that can be helpful for someone in need of legal advice in the field of family in Beijing include:
If you are in need of legal assistance in the field of Family in Beijing, consider taking the following steps:
