Marriage & Family
Professional legal research in Marriage & Family.
Research on Divorce Parties' Requests to Revoke Divorce Agreement Provisions
Introduction: Generally speaking, a divorce agreement is a mutual expression of will voluntarily reached by a couple after deciding to part ways. It typically covers the divorce decision, property division, child custody, and handling of other debts and claims. Once signed and filed with the civil affairs department, it binds both parties. In real life, for various reasons, it is not uncommon for one or both parties to find the agreement unreasonable and request revocation. So what do the relevant laws say, and how is this reflected in judicial practice?
Practical Key Points of Cryptocurrency Division in Divorce Litigation
Introduction: On May 22, 2025, the value of a single Bitcoin exceeded $110,000 for the first time, reaching a historic high. With the significant growth of the global crypto asset market, cryptocurrencies represented by Bitcoin have increasingly become an important option for personal asset allocation for certain groups. In divorce litigation in Mainland China, how to define, identify, evaluate, and divide this new type of property rights has become a complex issue that urgently needs clarification in judicial practice.
Analysis of the Division of Precious Metals and Jewelry in Divorce Disputes
I. Introduction: Setting aside the rising price of gold, precious gemstones such as jade and pearls have become popular choices for daily wear, collection, and investment. The core considerations for whether precious metals and jewelry can be divided as marital property in divorce disputes primarily involve two aspects: first, determining the timing of acquisition; second, whether the items possess significant personal exclusivity. Based on this, this article explores the division of precious items acquired before and after marriage in divorce disputes, using the establishment of the marriage relationship (i.e., marriage time) as the dividing point.
Practical Guide to Applying for Recognition of Foreign Court Divorce Judgments in China
Attorney WEN Qiuting and CHEN Qiaodan provides a detailed overview of the process and key points for applying for recognition of a foreign court's divorce judgment in China. The applicant must have at least one party who is a Chinese citizen, and the case shall be under the jurisdiction of the intermediate people's court at the applicant's domicile or habitual residence. The applicant must submit a written application, identity documents, the original foreign divorce judgment, proof of effectiveness, and proof of lawful summons. Relevant documents must be notarized and authenticated or accompanied by an apostille, along with an accurate Chinese translation. The court will decide whether to accept the case within 7 days. The ruling takes effect upon service and cannot be appealed. Recognition will be denied if the judgment is not yet effective, the foreign court lacks jurisdiction, the defendant was not lawfully summoned, the judgment conflicts with a pending or already decided case in China, or violates Chinese law or public interest. The application may be withdrawn or dismissed, but in either case, a new application is barred; the applicant must instead file a separate divorce action in a Chinese court. Notably, China only recognizes the dissolution of the marital relationship in a foreign divorce judgment. Issues regarding property division, child support, and alimony must be resolved through separate litigation in China. Judgments from Hong Kong, Macao, and Taiwan courts are subject to special provisions.