Professional Publication

Legal Practice of International Family Cases
Read:1841  2015/9/14 15:32:32

Legal Practice of International Family Cases written by attorney Ningning Zhao was published at LAW PRESS-CHINA April 2015.

International travel, economic migration and international education impact on all aspects of life but especially that of family life. The number of transnational marriages and expatriate families is ever increasing worldly. In order to properly advise these families, family lawyers must have a firm understanding of private international law principles, jurisdictional rules and the relevant international treaties and conventions.

It is essential that legal advisors are equipped and qualified to provide comprehensive expert advice, often in urgent circumstances while dealing with international family cases.

Attorney Ningning Zhao, the author of Legal Practice of International Family Cases, contributed rich experience and skills to readers in international family cases in P.R. China.

The book will undoubtedly prove an invaluable tool to legal advisors, academics, the judiciary and all professionals who work in the field of international family and private international law, as well as the transnational families or expatriate families who should get any knowledge on Chinese laws and experience in dealing with these kinds of cases in China.


Legal Practice of International Family Cases

Contents

Part One The Introduction of International Family Cases

 

Chapter One The Current Situation and Development of International Family Cases 

Section one The Current Situation of InternationalFamily Cases

Section Two The New Development of International Family Cases     

I. The New Trend of International Marriage

II. The Varieties of International Divorces

III. The Features of International Divorce Cases

 

Chapter Two The Features of International Family Cases

Section One The Common Styles of International Family Cases

I. Whole-family Migration

II. Living-apart in Different Countries

III. Chinese-Westerners Combination Family

Section Two The Features of InternationalFamily Cases

I. The Foreign-related Elements

II. The Differences in Culture and Tradition

III. The Multi-field of Legislations

IV. The Particularity of Judicial Practice

V. The Comprehensive Ability for Lawyers

 

Chapter Three The Styles of International Family Cases

Section One The Styles by the Factors of Establishing a Family       

I. The Main Styles of International Divorce Cases

II. The Main Styles of International Inheritance Cases                      

Section Two The Styles of Settling International Family Cases

I. Peaceful Marriage and Divorce

II. Divorce with a Long-Time Deliberate Plot  

III. Divorce with a Life-death Struggle

IV. Long-time Dispute

V. Controlling Children in the Process

 

Part Two The Guide for International Family Lawyers

 

Chapter One  International Family Lawyer Business

Section One The Litigation Business

Section Two The Non-litigation Business

 

Chapter Two The Role of International Family Lawyers

Section One The Features of International Family Clients

Section Two Roles of Lawyers in the International Family Cases

 

Chapter Three The Comprehensive Abilities of International Family Lawyers

Section One Thinking Abilities of International Law

Section Two The Request of Comprehensive Abilities

Section Three Abilities to Building up and Maintaining Relationships between Lawyers and Clients

 

Chapter Four How to Deal with International Family Cases

Section One Basic Request for Language

Section Two Clients Requests

Section Three Knowledge on Foreign Marriageand Family Laws

Section Four Attention to Details

 

Chapter Five The Details of Lawyers Settling the International Family Cases

Section One Building up the Trust with Clients

Section Two Comprehensively Study on the Legislation

Section Three The Difference between International Civil Cases and Domestic ones

Section Four The Application of Laws in International Family Cases

Section Five The Recognition and Enforcement of International Judgment

 

Chapter Six The International Cooperationin International Family Cases

Section One International Cooperation Ways

Section Two The Details of International Cooperation

 

Part Three The Practice of International FamilyCases

 

Chapter One International Divorce

Chapter One International Uncontested Divorce

Section One The Condition of International Uncontested Divorce

I. The Application of International Uncontested Divorce

II. Estimation of International Uncontested Divorce

Section Two The Procedure of International Uncontested Divorce

I. Materials of International Divorce Registration

II. Procedure of International Uncontested Divorce

Section Three Details of International Uncontested Divorce

I. Understanding the Probabilities of Uncontested Divorce

II. The Legality and Rationality of the Divorce Agreement

III. The Details of Uncontested Divorce

IV. Settlement of International Uncontested Divorce

 

Chapter Two Litigation Divorce

Section One The Jurisdiction of International Divorce Litigation

I. The Common Jurisdiction Styles of International Divorce Cases

II. The Jurisdiction Principle ofInternational Divorce Cases

Section Two The Common Material forInternational Divorce Litigation

I. Marriage Certification

II. Identification

III. Complicate

IV. Divorce Opinion

V. Power of Attorney

VI. Notification

VII. Marriage Status

VIII. Official Letter of Law Firm

Section Three Evidence Collection of International Divorce Litigation

I. Chinese Regulations of Taking Evidence Abroad

II. The Requirements of Evidence Taking Abroad

III. Collection of Evidence in International Divorce Litigation

Section Four The Notarization and Authentication of International Documents

I. Notarization Overseas  

II. Notarization and Authentication Overseas

III. Notarization and Authentication in Hong Kong, Macao, Taiwan

IV. Notary and Authentic Domestic Documents Used Overseas

V. The Details of Notarization and Authentication

Section Five The Service of International FamilyCases

I. International Service and Service Abroad

II. Documents of Service Abroad

III. International Notification

Section Six Proof of Foreign Laws

I. The Necessary of Proof of Foreign Laws

II. Foreign Countries' Regulations of Proof of Foreign Laws

III. Chinese Regulations of Proof of ForeignLaws

IV. Foreign Practice of Proof of Foreign Laws

V. The Proof of Foreign Laws in Hong Kong,Macao, Taiwan

VI. Some Countries and Regions Regulations of Marriage and Family Laws

 

Chapter Three The Recognition of Foreign Divorce Judgment

Section One The Procedure of Applying for the Recognition of Foreign Divorce Judgment

I. The Legislation of Applying for the Recognitionof Foreign Divorce Judgment

II. The Procedure of Applying for the Recognitionof Foreign Divorce Judgment

III. The Procedure of Applying for Recognition of Divorce Judgment in Taiwan

Section Two The Details of Applying for the Recognition of Foreign Judgment

I. Jurisdiction Confirmation

II. Applicants

III. The Exception of the Recognition of Foreign Judgment

IV. The Maturity of Materials

V. Recognizing Contents

VI. The Effect of Marriage

Section Three The Common Countries and Regions' Divorce Judgment

 

Chapter Four International Inheritance

 

Chapter One International Inheritance

Section One The Application of Law of International Inheritance

I. The Principles of the Application of Laws in International Inheritance

II. Chinese Principles of the Applicationof Laws in International Inheritance

Section Two the Application of Laws in the Notarization of International Inheritance

I. The Application of Law in the Notarization of International Legal Inheritance

II. The Application of Laws in the Notarizationof International Testament

Section Three Notary Procedure of International Inheritance

I. Application for Notarization of International Inheritance

II. Acceptance and Notification Procedure

III. Make Conversation

IV. Check and Testify

Section Four Proof Burden of the Notarizationof International Inheritance

I. The Identification of Inheritor and Ancestor

II. Proving Range of Heritage

III. Proving Range of Inheritor

IV. The Burden of Proof of the Testament

 

Chapter Two The Role of Lawyers in International Inheritance

Section One The Notarization ofInternational Testament

Section Two The Notarization of International Inheritance

Section Three The Notarization of Giving upInheritance

Section Four The Notarization of Dividing Heritage Agreement

 

Chapter Three The Dispute and Details of International Inheritance

Section One The Common Styles of International Inheritance

Section Two The Details of Settling the International Inheritance

I. Jurisdiction

II. The Proof Burden of International Inheritance

III. The Application of Laws of International Inheritance

V. Settlement of heritage without inheritation in the International Inheritance

 

Chapter Four International Adoption

Chapter One The Introduction of International Adoption

Chapter Two The Practice of the Adoption ofOverseas Chinese and Chinese Abroad

Section One The Condition of OverseasChinese Completing Adoption

Section Two The Procedure of Overseas Chinese Completing Adoption

Section Three The Procedure of Ministry of Civil Affairs Completing Adoption

Chapter Three The Practice of Adoption for Residentin Hong Kong, Taiwan

Section One The Condition for Resident in Hong Kong, Taiwan to Complete Adoption

Section Two The Materials for Resident in HongKong, Taiwan to Compete Adoption

Section Three The Procedure of Resident inHong Kong, Taiwan Completing Adoption

Chapter Four The Practice of Foreigner Adoption

Section One The Condition for Foreigner toAdopt Chinese Child

Section Two The Procedure of International Adoption

Section Three The Exit Formalities ofAdoptee in International Adoption

Section Four The Dissolution of International Adoption

Section Five Foreigner Stepparent Adopting Chinese Stepchild

 

Chapter Four International Cohabitation

Chapter One The Common Styles of International Cohabitation

Section One The Influence of International Cohabitation

Section Two The Common Styles of International Cohabitation

 

Chapter Two Regulation of Cohabitation in Different Jurisdictions

Section One American Regulation of Cohabitation

Section Two British Regulation of Cohabitation

Section Three German Regulation of Cohabitation

Section Four Australian Regulation of Cohabitation

Section Five Japanese Regulation of Cohabitation

 

Chapter Three Difference in Regulation from Various Jurisdictions of Protecting  Child Born Out of Wedlock

Section One American Regulation of Protecting Child Born Out of Wedlock

Section Two British Regulation of Protecting Child Born Out of Wedlock

Section Three German Regulation of Protecting Child Born Out of Wedlock

Section Four Hong Kong's Regulation ofProtecting Child Born Out of Wedlock

Section Five Taiwan's Regulation ofProtecting Child Born Out of Wedlock

 

Chapter Four The Solutions to International Cohabitation

 

Chapter Five The Details of Settling the International Cohabitation Cases

Section One The Details of Lawyers SettlingInternational Cohabitation Cases

Section Two The Cases and Analysis of International Cohabitation

 

Part Four The Non-litigation Practice of International Family Cases

Chapter One Introduction

 

Chapter Two The Common Styles of Non-litigation Business in International Family Law

Section One Prenuptial Agreement

I. The Definition of Prenuptial Agreement

II. The Basic Contents of Prenuptial Agreement

III. The Details of Lawyers Drafting the Prenuptial Agreement

Section Two Marital Property Agreement

I. The Legislation of Marital Property Agreement

II. The Details of Marital Property Agreement

Section Three Divorce Agreement

I. Validity of Divorce Agreement

II. The Enforcement of Divorce Agreement

III. The Overseas Property in Divorce Agreement

IV. Specific Interpretations of Divorce Agreement

V. The Basic Form of International Divorce Agreement

Section Four Separation Agreement

I. Foreign Countries' Regulations of Separation

II. Chinese Regulations of Separation

III. The Signature of Separation Agreement

Section Five Expert Opinions

I. The Nature of Expert Opinions

II. The Conditions of International Family Lawyers Providing Expert Opinions

III. The Details of Providing the Expert Opinions

Section Six The Guide for Foreign Litigation

Section Seven Private Legal Counsel

I. The Necessary of Private Legal Counsel

II. The Advantage of Private Legal Counsel

III. The Requirements of Private Legal Counsel

 

Appendix

Appendix One The Common Regulations of International Marriage and Family Cases

Appendix Two The Common International Marriage Registration in Provinces and Cities

Appendix Three The Partial Name and Contact Information of Foreign Embassies and Consulates Appendix Four The Partial Nameand Contact Information of Chinese Embassies and Consulates

Appendix Five The Relevant Forms and Detailsof Consular Authentication by Chinese Embassies and Consulates

Appendix Six The Information of Partial TranslationInstitute

Appendix Seven The Website of CommonCountries' Marriage and Family Laws