Why Hong Kong career women marry men from China … and where to divorce them

Official figures display women are marrying Chinese men later in life, suggesting that they have began a career. There is a regular fashion of marriage postponement amongst ladies usually, from a median of age 26 in 1991 to 29 in 2013.

It isn’t unexpected that there has been an boom in cross-border marriages: the nearer dating between Hong Kong and China due to the fact that 1997 and the benefit of journey has ended in a big growth in go-border visits.

According to Census and Statistics Department figures, in 2013, 38 in step with cent of marriages in Hong Kong involved a bride or groom from China. The wide variety of Hong Kong men marrying girls from China fell from 21,220 in 1991 to 19,166 in 2013, however the quantity of Hong Kong women marrying men from China rose substantially, from 1,390 in 1991 to 7,444 in 2013: marriages between a Hongkonger and a person from China accounted for 28 in line with cent of all Hong Kong marriages in 2013, up from 6.1 according to cent in 1991.

This is all well and properly, of path, except that the divorce price rose fourfold from 1991 to 2013 and move-border divorces are fraught with difficulties. The couple will frequently have belongings in each jurisdictions, will maintain ID playing cards and feature a legal reference to both jurisdictions, and youngsters who are born in Hong Kong regularly simply live in China, and vice versa. There are extraordinary rules relating to the department of belongings, disclosure of property, and enforcement of felony rulings.

Hong Kong girls who marry Chinese guys should be cautious of the capability pitfalls ought to their marriage founder. For instance, wherein jurisdiction to issue divorce papers requires cautious attention. Whereas Hong Kong has grow to be called the divorce capital of Asia because of the place to begin that assets need to be divided similarly, it can no longer be the desired venue for a rich wife, especially one who is been in an extended marriage to which both partners have contributed. In addition, all assets are “in the pot” for division, which includes premarital property, so the chances of a lady’s profits prior to marriage being taken into account and shared is high.

In contrast, in China there is no equal department of belongings consistent with se. There is a difference among joint and separate assets. Joint belongings is an asset (including bank debts) that’s owned through each events and turned into obtained for the duration of the marriage; separate belongings includes premarital belongings and property talented particularly to one party, and does now not form a part of the marital pot. The matrimonial domestic is regarded as joint assets however contributions to the acquisition prior to the wedding could be taken under consideration.

All of that sounds properly for the rich wife pursuing a divorce in China, if she will be able to, however there are issues in respect of disclosure of belongings which may be difficult if there’s a suspicion that property have been hidden. In Hong Kong there may be a rigorous manner to disclose all files relevant to the combined wealth of the family. In China the handiest requirement is for every celebration to supply a time table of property which might be applicable to their case.

Another consideration for the wealthy spouse is that judgments regarding finances are not enforceable when they involve family subjects. Neither are custody orders regarding kids.

Such differences in technique have regularly led to discussion board disputes. The courts in Hong Kong take a dim view of “discussion board purchasing” but are often compelled to address the 香港婚姻介紹所收費 issue, despite the fact that preliminary programs are typically expensive. In addition, pass-border divorces frequently involve problems as to jurisdiction, with one celebration alleging that the other isn’t entitled to continue in Hong Kong or in China. The courts will observe how the family had been dwelling, where the children are at school, wherein the parties paintings, wherein most of the people of the property are, where they do not forget to be their domestic. Possession of an ID card isn’t always determinative. A birthday celebration may also have a enormous connection to multiple jurisdiction, which can also bring about parallel court cases – extraordinarily high-priced.

Such programs are made even before consideration can be given as to what to do with the assets and the youngsters, and are satisfactory prevented.

Three matters a wealthy Hong Kong career girl marrying a person from China need to do

1. Make a prenuptial agreement: they are enforceable in China and increasingly more in Hong Kong; make sure which you are clear on which jurisdiction you will use inside the event of a divorce.

2. Decide where the circle of relatives domestic is, wherein the kids are schooled et cetera.

Three. Think cautiously about in which the family belongings are or should be positioned.

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