Expert Opinions on Chinese Family Law for Foreign Courts

When a foreign court needs to know what Chinese law says

Family cases increasingly cross borders. A court in London, Sydney, Toronto, Singapore, Hong Kong or California may be asked to decide a divorce, a custody dispute or an estate where part of the story happened in mainland China. In most common-law systems, foreign law is treated as a question of fact: the judge cannot simply look it up, and it must be proved by evidence, usually from a qualified expert.

Choi & Huang's PRC-qualified lawyers prepare independent expert opinions on Chinese family and succession law for courts, tribunals, lawyers and parties abroad. We explain, in clear English and with the Chinese sources attached, what the law of the People's Republic of China provides and how a Chinese court would be likely to treat the issue in front of the foreign judge.

Issues we are commonly asked to address

Divorce and marriage status

• Whether a marriage registered in China, or a divorce granted by a Chinese registry or court, is valid and final under Chinese law
• The difference between divorce by agreement at a marriage registry (with its 30-day cooling-off period under Article 1077 of the Civil Code) and divorce through the people's court
• Whether a Chinese court would have jurisdiction, and which law it would apply (under the 2010 Law on Choice of Law for Foreign-Related Civil Relations, a litigated divorce is governed by the law of the forum)
• Whether a foreign divorce would be recognised in mainland China, and what the recognition procedure at the Intermediate People's Court involves

Children

• How Chinese courts decide custody ("direct raising") and visitation under Articles 1084 and 1086 of the Civil Code
• Child support guidelines (generally 20%–30% of monthly income for one child, not usually above 50% for several, under SPC Interpretation I)
• Whether a foreign custody or return order could be recognised or enforced in mainland China, bearing in mind that mainland China is not a party to the Hague Child Abduction Convention
• Exit restrictions, travel documents and practical enforcement risks, often relevant to "safeguards" or relocation applications abroad

Property and succession

• The community-property regime under Articles 1062–1065, and the effect of marital property agreements
• How Chinese courts divide property, including real estate and company interests
• Succession to property in China, including statutory heirs, wills and the rule that immovable property in China is governed by Chinese law regardless of the deceased's nationality
• Whether a foreign grant of probate or divorce order can be used to transfer Chinese real estate

Our duty is to the court

An expert is not an advocate. Our opinions are written on the basis that our overriding duty is to the court or tribunal, not to the party who instructs or pays us. In practice that means:

• We state the question we were asked and the material we were given
• We set out the law as it is, including points that do not help the instructing party
• Where Chinese practice varies between courts or regions, or where the law is unsettled, we say so and give a range of likely outcomes rather than a single confident answer
• We distinguish statute, judicial interpretations issued by the Supreme People's Court, and local court practice
• We include any statement of truth, declaration of independence or compliance statement the foreign court's rules require, for example under Part 35 of the English Civil Procedure Rules or equivalent expert codes in Australia, Hong Kong, Canada and elsewhere

We carry out a conflict check before accepting any instruction. If we have acted for either party, we will decline. We can act as a single joint expert where both parties agree.

How the process works

1. Enquiry and conflict check. You send us the parties' names, the court, the issues and the deadline. We confirm whether we can act, usually within two business days.
2. Scope and fee. We agree the questions to be answered, the documents to be reviewed and a fixed fee or capped estimate. Clear questions produce a better report and a lower fee.
3. Review. We review the pleadings, Chinese documents (marriage or divorce certificates, judgments, property records) and any opposing expert report.
4. Draft and final report. We deliver a structured report with numbered paragraphs, extracts of the relevant Chinese provisions in Chinese with English translations, and our qualifications.
5. Follow-up. We answer written questions, attend joint expert meetings and, if required, give oral evidence, usually by video link.

Timeline

A focused opinion on one or two questions typically takes two to four weeks from receipt of documents. Complex reports covering several areas, or responding to another expert, can take longer. Urgent reports, for example for a without-notice custody hearing, can sometimes be prepared within days; tell us your deadline at the outset. Timelines depend on the volume of documents and on how quickly Chinese records can be obtained.

Languages and documents

Reports are written in English, with Chinese legal sources quoted in the original and translated. We can also prepare reports in Chinese. Where the foreign court requires certified translations of Chinese documents, we can arrange them. Chinese documents to be used abroad may need notarisation and an apostille; mainland China has applied the Apostille Convention since 7 November 2023.

Who we work with

We are instructed by family and private-client solicitors, barristers, attorneys, court-appointed children's representatives, trustees and executors, and sometimes directly by individuals. For Hong Kong proceedings we work alongside the client's Hong Kong solicitors; see our page on Hong Kong–Mainland cross-border family matters. Related pages: recognition of foreign divorce judgments in China, international child abduction and relocation and inheritance, wills and estates.

Our opinions address Chinese law only. We do not advise on the law of the foreign court, and we never promise how any court will decide. To discuss an instruction, contact us for a free, confidential initial call.