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Glossary
Plain-English definitions of the terms you'll meet in a Chinese divorce, custody or inheritance case — written by our lawyers, not a dictionary.
A certificate of no marriage is an official document or sworn statement confirming a person is not currently married. Foreign nationals need one, apostilled or legalised and translated, to register a marriage in China.
Read the guide →Child support is the money the non-custodial parent pays towards a child's living, education and medical costs after divorce. Chinese courts often use 20%–30% of the payer's monthly income for one child as a guide.
Read the guide →Community property is the property that belongs jointly to both spouses under Chinese law, mainly what either spouse earns or acquires during the marriage. On divorce it is divided by agreement or by the court.
Read the guide →Court mediation is the compulsory attempt by a Chinese court to help spouses reach agreement in a divorce case. A successful mediation produces a mediation document with the same effect as a judgment.
Read the guide →Direct custody is the Chinese legal term for the parent a child lives with after divorce. Both parents keep their parental rights and duties; the other parent usually has visitation rights and pays child support.
Read the guide →A divorce agreement is the written contract spouses sign to divorce by agreement in China. It must cover the decision to divorce, child custody and support, property division and debts.
Read the guide →Divorce by agreement is an uncontested divorce completed at the marriage registry when both spouses agree to divorce and have settled children, property and debts in a written agreement.
Read the guide →A Chinese divorce certificate is the document the marriage registry issues to each spouse when a divorce by agreement is completed. Court divorces are proven by the judgment or mediation document instead.
Read the guide →The divorce cooling-off period is a 30-day window after a couple applies for divorce at the marriage registry, during which either spouse may withdraw. It applies only to divorce by agreement, not to court divorces.
Read the guide →Divorce damages are compensation the no-fault spouse can claim when the divorce is caused by the other spouse's serious fault, such as bigamy, cohabiting with another person or domestic violence.
Read the guide →Economic assistance is help that a spouse with the means must give, on divorce, to a spouse who has genuine difficulty supporting themselves. It is China's limited form of post-divorce spousal support.
Read the guide →Economic compensation lets a spouse who took on more of the childcare, elder care or housework, or who assisted the other spouse's work, ask for compensation on divorce.
Read the guide →A fake divorce is a divorce a couple registers for a practical purpose, such as avoiding home-purchase limits or debts, while intending to stay together. Legally, the divorce is real and its property terms are binding.
Read the guide →A foreign-related divorce is a divorce with an international element, such as a foreign spouse, a spouse living abroad, a marriage registered overseas or assets outside China. Special rules on jurisdiction, applicable law and service apply.
Read the guide →The Hague Child Abduction Convention provides a fast return mechanism for children wrongfully taken across borders. Mainland China is not a party, although Hong Kong and Macau are.
Read the guide →The Hong Kong-Mainland Arrangement allows family judgments on divorce, custody, maintenance and matrimonial property to be recognised and enforced between Hong Kong and mainland China. It took effect on 15 February 2022.
Read the guide →Hukou is China's household registration system, which records a person's official residence and family relationships in a household register booklet. It is often needed for marriage, divorce, schooling and property matters.
Read the guide →Marital debt is a debt that both spouses are jointly liable for, such as debts both signed for, debts one spouse later agreed to, and debts for ordinary family needs. Large debts incurred by one spouse alone are not automatically shared.
Read the guide →A marital property agreement is a written agreement between spouses, made before or during the marriage, that sets how their property is owned instead of the default community property rules.
Read the guide →A Chinese marriage certificate is the red booklet issued to each spouse by the marriage registry when a marriage is registered. Under Chinese law, a marriage is established only upon registration.
Read the guide →A personal safety protection order is a court order under China's Anti-Domestic Violence Law that prohibits an abuser from harming, harassing or contacting the victim. Courts rule within 72 hours, or 24 hours in urgent cases.
Read the guide →A prenuptial agreement is a written contract made before marriage that sets out how the couple's property will be owned during the marriage and divided on divorce. Prenups are generally valid in China if properly made.
Read the guide →Separate property belongs to one spouse only and is generally not divided on divorce. It mainly covers pre-marital property, personal injury compensation, property given to one spouse alone and items for personal use.
Read the guide →Service by publication is a way for a Chinese court to serve court papers on a party whose address cannot be found, by publishing a notice. Service is deemed complete 30 days after publication in domestic cases and 60 days for a party with no domicile in China.
Read the guide →Statutory heirs are the relatives who inherit under Chinese law when there is no valid will. First-order heirs are the spouse, children and parents; second-order heirs are siblings and grandparents.
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