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China-Conflict of Laws

Posted by Jeremy Morley | Jan 21, 2011 | 0 Comments

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China has now adopted its first law on the conflict of laws.

Chapter 3 deals with foreign-related marriage and divorce issues. However, Chapter One is also relevant to any such case.

Specifically with respect to divorce, the new law provides that if the parties themselves do not choose the law that will govern their divorce, the law of their common habitual residence shall be applied.

If there is no such common habitual residence, the law of their common nationality shall be applied or otherwise the law of the place where the agency responsible for completing the divorce formalities locates shall be applied.

Go to my website for the full text:

http://www.international-divorce.com/china-conflict-of-laws

About the Author

Jeremy Morley

Jeremy D. Morley was admitted to the New York Bar in 1975 and concentrates on international family law. His firm works with clients around the world from its New York office, with a global network of local counsel. Mr. Morley is the author of "International Family Law Practice,...

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