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