Expert: John Dong - 1/10/2008

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.

rgds.

Johnson