PROPERTY RIGHT OF TRANSNATIONAL DIVORCE
In transnational divorce cases,the couple's joint property is usually distributed in different countries and regions.According with the Marriage Law of the P.R.C,husband and wife shall have equal property rights excluding unilateral fault when the couple's joint property is divided.The author , and international lawyer ,Wu Guangsong introduce and share legal knowledge of property right relevant transnational divorce.
Firstly,determination of marriage should subject to the laws of the mutual state of nationality or the locality where the marriage is established.Marriage formalities shall be valid if they conform to the laws at the locality where the marriage is established or the laws at the habitual residence or of the state of nationality of one party.The property acquired by husband and wife during the period in which they are under contract of marriage shall be jointly possessed.
Secondly, the couple's joint property specifically includes houses purchased or built,automobiles buying, salary income as pay and bonus,earnings from production and operation,intellectual property rights, obtained from inheritance or gift,and other property obtained in duration of marriage.No matter where the joint property located in domestic or abroad,it should be divided appropriately according to law.At the time of divorce, debts incurred by the husband and wife during their marriage shall be paid off out of their jointly possessed property.
Notice that,in divorce proceeding,a no-fault party shall have the right to make a request for damage compensation for bigamy,cohabitation of a married person with any third party,domestic violence,maltreatment and desertion of one family member by another.
The more important notice,the party may get smaller or no share of the property if he or she conceals, transfers, sells off, destroys the couple's joint property, or forges debts in an attempt to convert the other party's property for divorce when the couple's joint property is divided.
After divorce, on finding the other party concealing, transferring, selling off, destroying the couple's joint property, or forging debts in an attempt to convert the other party's property for divorce, one party have the right to file an action in court, and make a request for another division of the couple's joint property according to law.
In China,Foreigners who initiate or respond to lawsuits in courts, shall have the same litigation rights and obligations as the domestic citizens,according to law of the P.R.C and International Treaties.