Author Topic: Pre-Nuptial Agreements  (Read 2346 times)

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Chong

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Pre-Nuptial Agreements
« on: April 21, 2009, 10:31:45 pm »
Here's information regarding pre-martial assets under The Marriage Laws Of The People's Republic Of China ...

http://www.womenofchina.cn/Policies_Law ... 1477.jsp#2

Chapter III Family Relations

Article 13 Husband and wife shall have equal status in the family.

Article 14 Both husband and wife shall have the right to use his or her own surname and given name.

Article 15 Both husband and wife shall have the freedom to engage in production and other work, to study and to participate in social activities; neither party may restrict or interfere with the other party.

Article 16 Both husband and wife shall have the duty to practise family planning.

Article 17 The following items of property acquired by husband and wife during the period in which they are under contract of marriage shall be jointly possessed:

(1) pay and bonus;
(2) earnings from production and operation;
(3) earnings from intellectual property rights;
(4) property obtained from inheritance or gift except as provided for in Article 18 (3) of this Law; and
(5) any other items of property which shall be jointly possessed. Husband and wife shall enjoy equal rights in the disposition of their jointly possessed property.

Article 18 Any of the following items shall be husband's or wife's separate property:

(1) prenuptial property in his or her separate possession;
(2) expenses such as medical costs and costs of living of the disabled given to one party for his or her bodily infliction;
(3) the property going only to husband or wife, as specified in a will or a gift contract;
(4) one party's private articles for daily use; and
(5) any other items of property which shall be in his or her separate possession.

Article 19 So far as the property acquired during the period in which they are under contract of marriage and the prenuptial property are concerned, husband and wife may agree as to whether they should be in the separate possession, joint possession or partly separate possession and partly joint possession. The agreement shall be made in writing. The provisions of Articles 17 and 18 of this Law shall apply to the absence of such an agreement or to a vague one.

The agreement reached between the husband and wife on the property acquired during the period in which they are under contract of marriage and on the prenuptial property is binding on both parties.

If husband and wife agree, as is known to the third party, to separately possess their property acquired during their marriage life, the debt owed by the husband or the wife to any other person, shall be paid off out of the property separately possessed by him or her.

Article 20 Husband and wife shall have the duty to maintain each other. If one party fails to perform this duty, the party in need of maintenance shall have the right to demand maintenance payments from the other party.

Article 21 Parents shall have the duty to bring up and educate their children; children shall have the duty to support and assist their parents.

If parents fail to perform their duty, children who are minors or who are incapable of living on their own shall have the right to demand the cost of upbringing from their parents.

If children fail to perform their duty, parents who are unable to work or have difficulties in providing for themselves shall have the right to demand support payments from their children.

Infant drowning, deserting and any other acts causing serious harm to infants and infanticide shall be prohibited.

Article 22 Children may adopt their father's or their mother's surname.

Article 23 Parents shall have the right and duty to subject their children who are minors to discipline and to protect them. If children who are minors cause damage to the State, the collective, or individuals, their parents shall have the duty to bear civil liability.

Article 24 Husband and wife shall have the right to inherit each other's property.

Parents and children shall have the right to inherit each other's property.

Article 25 Children born out of wedlock shall enjoy the same rights as children born in wedlock. No one may harm or discriminate against them.

The natural father or the natural mother who does not rear directly his or her child born out of wedlock shall bear the child's living and educational expenses until the child can support himself or herself.

Chong

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Re: Pre-Nuptial Agreements
« Reply #1 on: April 21, 2009, 10:36:08 pm »
Reading the above post, I conclude that you're protected. Does anybody have a different viewpoint ???

If you're unsure, here's a general pre-nuptial agreement that you can use ( but it has to be translated into Chinese ) ...


http://www.expertlaw.com/library/family ... _form.html

Offline Oiler1

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Re: Pre-Nuptial Agreements
« Reply #2 on: April 27, 2009, 04:30:41 am »
He is just being prudent.

Offline Oiler1

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Re: Pre-Nuptial Agreements
« Reply #3 on: April 27, 2009, 03:44:33 pm »
Quote from: "Vince G"
A quick glance at the past, My last ex. I was loyal, worked my ass off to give her everything and anything she wanted. Took care of her when she was sick, did everything for her when she was pregnant twice. I was the best husband and father that I could be. Results, I was scammed, financially raped, and thrown into a deep depression. Gave up on life. Only thing that kept me going was my kids. It was a scam from the beginning. She didn't have children for having them for the love of us, NO, she had them to secure an income. Her own family warned me but I was to in love to see it. SO if any woman thinks they can scam me a second time?  

So it's just my way of saying if I'm being scammed? it's not going to be pretty.

Sorry to hear that Vince. Crap happens to all of us from time to time in various degrees. I was lucky my divorce went smoothly as it was amiable. There are a lot of things one can be pessimstic about and I know I sometimes am too.

Life is not without risks but I am still going to try and not give up finding that special someone and I am glad you are that way too.

Good Luck!