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    Divorce after marriage in China

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    Beijing2008
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    Divorce after marriage in China

    Post by Beijing2008 on 31/07/11, 05:35 pm

    Case,
    European marries in China, baby is born, and they leave for NL.
    Marriage is registered in NL.

    Relation is getting worse; worst case scenario;

    He invested money in a house in Beijing, if they divorce , in NL or China, what about his rights on his part of the value of the house after divorce. As far as he knows, the state sells the house, and the nett profit is divided between him and his ex wife.
    As far as I know, as a foreigner he doesn't have the right on Chinese assets like real estate.
    Other problem ; how to get an amount of money out of China.
    Sending it to Dutch bank account by internet banking is probably the best way, but what amount is allowed to send.

    The baby has a Dutch passport, and not yet a Chinese passport.But according to his wife ,she and their daughter have a right on a house in Beijing, according to the fact on their ground are new houses to be build.Which right she won't have without a Chinese passport.
    What is your opinion. Rolling Eyes
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    davidmckendrick
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    Re: Divorce after marriage in China

    Post by davidmckendrick on 31/07/11, 06:23 pm

    Perhaps you could enlighten us as to his/her rights if the divorce took place in Holland? He could divorce her in Holland if he could establish that Holland was his domicile.

    How long has he owned the property in Beijing?


    David
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    handyal
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    Re: Divorce after marriage in China

    Post by handyal on 31/07/11, 06:40 pm

    Ton,

    Can you clarify a few points in order to help the members understand the situation.

    1. How long was the Dutchy resident in China.

    2. What name(s) is the house registered in.

    3. Does she still hold a Chinese passport.
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    Beijing2008
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    Re: Divorce after marriage in China

    Post by Beijing2008 on 31/07/11, 07:22 pm

    handyal wrote:Ton,

    Can you clarify a few points in order to help the members understand the situation.

    1. How long was the Dutchy resident in China.Not, he only was there a few times on holiday. and made several mortgage payments there

    2. What name(s) is the house registered in.His Wife's, he made some payments for the mortgage on the property

    3. Does she still hold a Chinese passport.
    yep,mother only Chinese ,I have to correct the status of the daughter; the daughter Chinese and Dutch[till now], because she was born in Beijing, and the Dutch Embassy advised to get a Chinese passport, in case of medical insurance in China for the baby , etc.For leaving to NL she got a visa to NL.

    And how about inheritage, in case of death of the mother in China, while the daughter lives in NL. Or in case Dutch does die, what claim could his wife have on his assets.

    According to Dutch Law, they can make a convenant, stating how the assets are divided,or that he keeps his assets in NL and she hers in China.And that the daughter is sole benificiary of her father.
    What happens if the daughter at age 18 decides to get Chinese nationality
    and has to reject Dutch Nationality is of later concern.
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    handyal
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    Re: Divorce after marriage in China

    Post by handyal on 31/07/11, 08:06 pm

    Beijing2008 wrote:

    And how about inheritage, in case of death of the mother in China, while the daughter lives in NL. Or in case Dutch does die, what claim could his wife have on his assets.


    Are you suggesting the Mother will return to China and leave her daughter with her Father in NL ?

    How old is the daughter ?
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    Beijing2008
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    Re: Divorce after marriage in China

    Post by Beijing2008 on 31/07/11, 08:12 pm

    She is 2 yrs old.Her dad says'if she goes with her mother, she will be raised by grandparents and sisters of the mother, because mother is working all day. So with me she will have better care.
    And he won't let the girl go to China alone with the mother, because he doesn't want to risk , she doesn't come back.
    Mother want to go on holiday to China, but he is not letting her go alone with his daughter
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    handyal
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    Re: Divorce after marriage in China

    Post by handyal on 31/07/11, 09:27 pm

    In my opinion it would benefit your friend to get divorced in China rather than in NL.

    As far as any investments in real estate in China, he can kiss goodbye to his investment.

    By the same token she can't claim on his investment in NL once she is back in China.

    The matter of the child custody could be more complex. Could your friend raise the child and support her OK. For the wife a daughter could be a burden on her in China so she may be willing to leave the daughter in his custody without any struggle.

    As the Father I'm sure he could claim Dutch nationality for his daughter, that would stop the mother from absconding to China with the child.

    From the sound of his predicament I'd be tempted to buy her a return ticket to China for a holiday, promising to look after the daughter. Once she's in China cancel the return leg. She may not return anyway!

    Don't involve Dutch solicitors who will inform her of any rights she may have. Try to resolve the issues without bitterness, she keeps what she has in China, he keeps what he has in NL. If they divorce in China make sure he gets the custody order for the daughter.

    She may agree to his terms with a cash incentive.

    I have no idea how much he can transfer back into NL banks from China but he will almost certainly need to leave a pot for her if he wants a peaceful divorce. He is better to cut his losses and get on with his life.
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    davidmckendrick
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    Re: Divorce after marriage in China

    Post by davidmckendrick on 31/07/11, 10:31 pm

    It will be difficult (but not impossible if she resorts to forgery) for her to leave the Netherlands with her daughter if she does not have written permission from the child's father for the child to leave the country. If he is willing to give up custody of the child he could use this as a bargaining chip to negotiate some of his money back out of China. Or he can give up his investment in China and refuse to allow his daughter out of his sight. Since the child has her own Dutch passport I hope he is holding on to this.
    He can promise his wife anything at all with regard to maintenace/alimony payments because these are impossible to enforce once she is out of the country.


    David

    davext
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    Re: Divorce after marriage in China

    Post by davext on 01/08/11, 12:26 am

    Hi folks,Handyal is quite correct, kiss investment in China goodbye in China, and get on with whats left of his life , as for the child, very rarely will the husband get sole custody of a child; (what age is husband ? ) and as said again in many posts before ,these Asian relationships can work ,but when they dont you must be prepared to walk away, and not get involved in squabbling over properties / money ; you may win the court case but i doubt if you will ever recieve anything.Davext
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    chinatyke
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    Re: Divorce after marriage in China

    Post by chinatyke on 01/08/11, 01:06 am

    Beijing2008 wrote:.... So with me she will have better care.
    ...
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    Beijing2008
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    Re: Divorce after marriage in China

    Post by Beijing2008 on 01/08/11, 08:11 am

    haha, that was the remark of the father... The little girl HAS dutch passport, and Chinese.That's why he doesn't want his daughter to go alone with her mother to China.
    Travelling with Chinese passport you face the problem, you don't have staying permit for NL.So bordercontrol will ask questions. Travelling to China with Dutch passport creates same problem at NL Airport, since there is no visa for China in it.And to get a visa both parents have to sign.So boarding will be refused.
    So having 2 nationalities creates a problem, next to the fact China doesn't allow double nationality.
    I agree that every parent traveling alone with a child, needs handwritten permission of the other parent, with all contact details and copy of passport.
    Wife of a friend of mine was stopped by Airportsecurity, because she didn't have it. Her husband was at the airport and could give permission. Many people do not realise this condition.

    Elephantbleu
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    Re: Divorce after marriage in China

    Post by Elephantbleu on 26/04/15, 07:58 pm

    Digging up an old thread,

    What was the outcome ?
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    Beijing2008
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    Re: Divorce after marriage in China

    Post by Beijing2008 on 26/04/15, 08:58 pm

    Welcome Elephantblue, I didn't visit the forum for a long time.If the relationship is ok, you can let your wife leave for China for a agreed period.In case of relation problems, you watch your steps.My son and I want to visit our Chinese family in Nanning, but my wife doesn't want to go, she doesn't want to spend money for presents and diners.Chinese women can be very greedy Sad

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