An Interview with a Lawyer in China

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By Xu Ying

Published: Jul 18, 2008

Does your firm handle international child custody cases?
Yes, we handle such cases.
Does China abide by the Hague Convention?
Yes.
Do lawyers request retainers? If so, how much?
Yes, we request retainers.
Do lawyers charge by the hour or take a percentage of divorce settlements?
Usually we take a percentage of divorce settlements.
What is the range of hourly rates?
RMB 400 Yuan/hour.
What percentage of a settlement is allocated to attorney’s fees, if any?
4%
Are there filing fees paid to the court? If so, how much for a divorce or custody case?
Yes, there are. For a divorce case, 0.5% of the settlement should be paid to the court; for a child custody case, RMB 50 Yuan per case.
Do Chinese law firms employ paralegals?
Yes, they do.
If so, do firms charge clients for a paralegal’s time?
No, firms do not charge clients for a paralegal’s time. The time is paid by the lawyer who employs the paralegal.
What are the typical hourly rates for paralegals?
Usually they are paid monthly RMB 1000 Yuan -- RMB 3500 Yuan.
Are family law disputes handled entirely by the courts? Do the courts require mediation?
Yes, it is the usual practice, but the court arranges mediation.
If a husband wishes to divorce his wife, which court handles his divorce?
It’s handled at his wife’s place of residence.
Do the divorce laws vary by province?
No, divorce laws are the same in the whole country.
Are there guidelines, regulations, or statutes outlining the amount of child support to be paid?
Yes, there is a general practice as to the amount of child support. It’s paid by the parent who does not live with the child at 20% to 30% of his/her monthly income.
At what age are children considered old enough to support themselves legally?
Eighteen years of age.
Are both parents presumed equally competent to raise children?
Yes.
What is the legal standard for deciding child custody?
Adhere to the principle of the child’s advantage and take the parents’ comprehensive capacity into consideration.
What kinds of visitation or parenting schedules do the courts prefer for children under the age of 5? Under the age of 10? Under the age of 15? There is no definite regulation, but the visitation or parenting schedules should not affect the child’s life and study.
Do children at any age decide which parent they prefer in a divorce case?
Only a child over 10 can have the right to make such a decision.
Are marital assets divided equally between husband and wife?
Assets are divided equally by law, but by practice, there’s a preferential policy to the wife.
Does the length of the marriage determine the size of a spouse’s share of assets?
No, it doesn’t. But in some special cases it does.
Does the bad conduct of one spouse affect the financial outcome of a divorce?
Yes.
Is there no-fault divorce?
Yes, there is.
What are the fault grounds for divorce?
(a) Bigamy; (b) One of the spouses cohabits with others outside of the marriage; (c) Family violence; (d) Desertion of family members.
How long does it take to get divorced?
A divorce case is usually concluded within three months.