AboutJohnson Dong Expertise Chinese Lawyer. Practiced in Guangzhou, China. I can answer questions about Chinese businese and commercial law especially investment in China.Also I can answer other question about Chinese law.
Experience company law, real estate law, banking, corporation establishment, foreign investment and other foreign affairs. intellectual property settlement, commercial litigation, civil litigation, administrative litigation, criminal defend, divorce, tort liability, product liability. Draft pleadings, defences, motions.
Organizations Global Kingway Law Firm Attorney at Law
Address: 12th Floor, Guangdong Holdings Tower, No. 555, Dong Feng East Road, Guangzhou, P.R. China.
Post Code: 510050
Tel: 8620-83858533 Fax: 8620-83857100 Mobile: 86-189-2611-5891
http://www.gkl.com.cn/
Publications Province Ruled by Law, Economy and Development, Jan. 1998.
Auditors's Liability to Third-Party under the Jurisdiction of U.S.A, Hebei Law Science, May, 1999.
The Legal Framework of Real Estate Mortgage, Postgraduate Journal of Jinan university, June, 1999.
Education/Credentials Law School:
Jinan University, Economic Law Department,
LL.M (Masters Degree in Law) in Economic Law, 1997-2000.
Zhongshan University, Law Department,
J.D. in Economic Law, 1990-1994.
Past/Present Clients Variety Accessories Inc. (US, NY), Focus On Fashion Co., Ltd. (US, NY), Varian, Inc. (US, CA), Sirona Dental Systems GmbH (Germany), Seiko Advance Ltd. (Japan), Nassetti Ettore Group. (Italy), Wortmann Gmbh&Co.KG. (Germany), NOVI (CHINA) LIMITED(Hong Kong), Lifetime Trading Limited of Hong Kong, Dah Sing Bank, Ltd. (Hong Kong), Kwik Industries Limited (Hong Kong), Focus-Net Consultant Limited (Hong Kong), ProCareHoldingsCo. Ltd. (Hong Kong), NWS Holdings Limited. (Hong Kong) and etc.
Question I am Australian and I lived in Guangzhou China with a Chinese man for 8 years, had 2 children in China. We didn't marry but on his passport he stated that he was married, and we both behaved as if we were married.
I separated from him because he cheated with a married women, he was violent towards me, breaking my elbow, and had Hep B and did not tell me.
I left him and returned to Australia last year.
I would like to put a claim in for the family assets and maintenance for the children.
How do I do this when I don't live in China?
I have only just started working in Australia, no house or car, it has been a real struggle coming to Australia last year with only a suitcase, no money. His family on the otherhand live in luxury with houses, cars, hotel, currently building a second hotel, office building, factory etc...
I heard recently he has a new girlfriend, which comes into the house and stays with him despite all my things and the children's remaining in that house.
I want to secure something for my children's future and was wondering how I can do this?
I can't afford huge legal fees because I have two children to support here in Australia. How can I make a claim through the courts without it costing me a fortune in legal fees.
Answer Dear Joanne,
It seems your story very strange. Would you introduce yourself more detailedly? Anyway, I'm glad to answer your questions.
1. the family assets.
Because you and the guy only have live-in relationship,not marital relationship. The live-in relationship(cohabitation) is not protected by Chinese Marriage law, so the dismemberment of property also different from marital relationship.
one-sided property will be belonged to one party, and common property which you can prove it came form community income, or it for community life, may be divided by court.
2. the maintenance for your 2 children.
according to the Marriage Law of the People's Republic of China:
Article 25 A natural child shall have the equal rights of a legitimate child, and shall not be harmed or discriminated against by any person. The natural father or mother that does not directly upbring his or her natural child shall undertake the expenses for the living and education of the natural child until the child is able to live an independent life.
