Should divorce be easier in China and what is the divorce rate in China? If more people are wanting to get divorced, why is it so hard?
In recent years, it seems more Chinese people are getting divorced. This is likely because there is less stigma around divorce than there used to be. In Canada, couples have to wait a year before they can get divorced. They need to separate, and then not get back together for 12 months.
Many people ask our divorce lawyers, you must not ever want to get married. This is not true. Separation lawyers see a lot of drama, but they also see a lot of good things happen. For example, there was one man that wanted to divorce because he got in a car accident. He was now not able to have children, and he wanted to divorce his wife. Why?
Divorce process In China And The Divorce Rate In China
Because she had always wanted to have a child. When the wife found out that he was speaking to us about divorce, she told him she will stay with him forever. She doesn’t care what happened, she loves him. She refused to divorce him, which is possible in China, but not in places like Canada or the United States. This is a beautiful situation, and it makes us believe in love.
Should divorce be easier? I think that’s the wrong question. The real important thing is that people know who they are, and what they want before they get married. The problem with divorce and marriage isn’t that the court process is too easy or hard.
Instead, couples should take some simple steps to better prepare themselves for marriage. For example, they should have done things like travel together. Travelling together can be stressful at times. It requires a lot of planning and logistics. What else can couples do before they get married?
They should have lived together for at least a year. Waiting to live together until after marriage is a horrible idea. What happens if you start arguing right after you move in? That is to be expected. But it should get better over time. After six months, you should not be fighting over things like the dishes, trash, or who’s turn it is to cook dinner.
Prenup Contract In China
The last thing you should do is an insurance policy. It’s commonly known as a marriage contract or a prenup. You can still do it even if you are already married. If you are already married, it’s called a postnuptial agreement. This simply means that you were already married when you signed it. It’s the same agreement.
The contracts are also very similar to a divorce contract in what it includes. However, when you sign a prenup, you have no plans to ever get divorced. You must have heard by now that half of all marriage ends in divorce. This didn’t use to be true in China, but divorce is quickly growing in Asian countries. Divorce is now more socially acceptable and is therefore much easier to do.
Better yet, people that are divorced are able to get remarried to someone they are better suited for. Not everyone can pick the right person on their first attempt. There are so many people in China, how do you know this is the right person?
Chinese Divorce Law
Don’t get us wrong, you should get married. But have the marriage contract signed just in case. If you are part of the 50% of people that do not get a divorce, great! When you turn 65 years old together, and you are still happily married, or at least, still married, you can cut up the divorce contract.
It’s like getting house insurance (if you don’t need to, but you still do it.) You don’t get the insurance because you plan on your house burning down. Of course, you hope this never happens. But if it does happen, your life isn’t destroyed. You are not going to have to spend $400,000 on building a new house. The insurance company will pay for you. But keep in mind, that house fires are rare, and divorce is common.
Are you interested in learning more about divorce in China culture? It has certainly changed a lot over the years. In the past, divorce was seen as one of the worse things you could do. If you were divorced, it was very unlikely that anyone would ever date you again. You were seen as someone who was tainted, unworthy at another chance at love. This was especially true for women. Women were to do everything they could to not get divorced, even if it meant staying married to someone who is cheating on them.
Times have changed. People are more open-minded to divorce these days. Some say that it’s rare that people get anything right on the first try. The Chinese divorce rate has increased 10x in the last 30 years. More Chinese are now open to being single and enjoying life. Many Chinese are also getting married much later in life.
Chinese Marriage And Divorce
If they have children or property, they must sign a separation agreement before the courts will approve the divorce.
I have some western friends in China who got married way too quickly.
They met a cute Chinese girl at a bar and instantly wanted to marry her. My guess is that it was probably more lust than love.
As the CEO of a divorce company that has clients in China and Canada, I see more divorce than most people.
Some of my friends are still married, others got divorced after a few months or years.
There must be serious consequences for getting divorced. Otherwise, people will just get married for fun.
Having fun is for being single, or dating, it’s not marriage.
Marriage is a commitment to take care of someone in sickness and in health. It’s not something you try out for a few months.
Vladimir Putin got divorced. It’s more common than you think.
Best Way Is To Stay Married | Divorce in China culture
One way to make divorce less complicated is to try and not get divorced in the first place.
Before filing for divorce, couples should try mediation. In Canada, mediation is normally done by a professionally trained lawyer.
In China, most mediation is done by a mutual friend or a family member. One of the spouses will ask a friend to speak to their spouse. The goal is to see if the friend can fix things for the couple.
This is unfair to the friend. The friend will be put in a stressful situation where they must try and save their friend’s marriage. They will also run the risk of getting involved in the drama.
It is best to hire a family law consultant or lawyer to deal with your marriage. You can tell your legal advisor you want to try and stay married.
Zhang Yuqi and film director Wang Quan’an divorced after 4 years of marriage.
No-Fault Divorce | Divorce in China culture
One big difference between divorce in the west and China is no-fault divorce. In Canada, it doesn’t matter why you want to get divorced. If you are not happy, you can still get divorced.
In China, it’s much harder. You will have to prove that your spouse did something bad and that because of this you should be entitled to a divorce.
You will have to convince a judge by using evidence. Perhaps you will show pictures or Wechat messages to the court.
If your spouse cheated on you, then the court will likely approve your divorce.
If your spouse did something really bad in China, like starting a new family outside of the marriage, then the courts might award all the property to you.
If the couple is just having a dispute, the court might tell them to go speak to a family psychologist instead.
In China, many people stay married until their child turns 18. The parents wait until the child leaves for University.
Should Divorce Be Easier? | Child Support In China
For this reason, there are many fewer child custody battles in China. Once a child turns 18, there is no custody to fight over.
In Canada, someone might divorce when their child is only 8 years old. That means that there are still 10 years of parental responsibility left.
People are willing to spend money on child custody battles if they might not get to see their child for ten years if they lose the family law lawsuit.
Divorce can get nasty, with businesses being sold.
Is There Alimony In China?
Spousal support, also known as alimony, is also not common in China. However, in western countries, the spouse that makes more money might have to pay a monthly amount to their ex-spouse for many years.
Family law is changing in China, and I would not be surprised if divorce gets more complicated as things like alimony are added to Chinese law. Divorce is unlikely to ever get more simple.
Should divorce be easier in China? We don’t make the rules, but we can help you with them!
Read more articles about Chinese divorce and marriage culture below.
Are you looking into bankruptcy in China? If you need to shut down your company, do not just run away. This can lead to China filing criminal charges against you, filing lawsuits, or bashing you via the media. There are correct ways to do things. We have top bankruptcy lawyers in Beijing and other major Chinese cities that can deal with your debts and assets.
China did not use to have any bankruptcy or insolvency laws. However, China has now set up a bankruptcy court. These laws apply to Chinese companies, government-owned companies, and companies from other countries doing business in China.
Closing your business in China
Expanding to China is a big decision, and we hope it goes well for you. If you plan it properly and get legal advice when setting up, things should workout. Maybe you grow from Australia to Shanghai. You reach out to the Shanghai Chamber of Commerce, and you end up raising 4.5 million RMB. This money is to be used to grow your marketing, technology, and sales team.
You end up building the product, let us say an app, but you are too late. There is a company from New Zealand that has beat you to market! Investors will not give you any more money, as they think you missed your chance. You do not agree. You go to a bank and borrow other 2 million RMB so that you can push your product aggressively on Baidu and WeChat ads.
Enterprise bankruptcy law
Your sales increase, but investors still do not think you can beat the New Zealand company. Sadly, the increase in revenue still doesn’t lead to profits, and the bank demands that you repay the loan. You cannot come up with the money.
What are you going to do? Some people rush to the airport and try to fly back to Australia before a lawsuit is filed. Once a lawsuit is filed, you might get exit banned. However, doing this sort of thing is not honourable, and it will likely follow you back to Australia.
Chinese Bankruptcy liquidation
The bank in China might release a story to the media that you engaged in fraud in China. The internet is available around the world, including in your home country. If you still have, or plan to have a business in Australia, you do not want to be accused of fraud.
The bank in China also might contact the police. The Chinese police could issue an Interpol (international police) warrant, asking for your arrest in any country that recognises Interpol.
Our point is obvious, do not run from your problems. Contact an insolvency expert and deal with them. Do not leave a wave of destruction behind you.
A Story About Debt And The Bankruptcy System
We know someone in real life, let us call him Steve McMullen. Steve is from London England. He started a law firm, and the business did very well. His firm became one of the top business law firms in London. However, Steve had bigger plans. He wanted to expand to other cities in England. These cities included Canterbury, Essex, and Birmingham. Steve did not have the cash reserves to do this.
So, Steve put out advertisements in places like Craigslist and on other websites. It advertised that his firm, McMullen Law, would pay 12% internet on any loans. McMullen Law wanted to raise one million dollars and would pay $120,000 on the internet per year.
This sort of interest rate is more favourable than using a credit card. Banks sometimes lend unsecured business loans, but it is rare.
Bankruptcy Proceedings And Bankruptcy in China
McMullen Law was successful in raising the money. All Steve had to do was earn around $300,000 in profit per year from the expansion, and it would be worth it. $120,000 would go towards interest, and the rest would be profit. So, what was the problem?
At the end of three years, Steve had to repay the $1,000,000 in principle. Instead of McMullen Law saving some of the profit money to get ready for the repayment, it reinvested everything.
It could not repay any of the loans, and it went bankrupt. And this was a law firm that was meant to be knowledgeable about the law and risk management.
Sometimes a small amount of debt can lead to lead to the downfall of a company. It does not always have to lead to bankruptcy. For example, there was a restaurant that borrowed $200,000 from an employee. The loan was only meant to be for three months.
At the end of the three months, the employee asked for the money back. The hot pot restaurant could not pay the money back, the employee hired a lawyer, filed a lawsuit, and won. The employee ended up taking over the assets of the hot pot restaurant and selling it to another person for $250,000.
File for bankruptcy In China
Having the right contracts when raising money or borrowing money can be the difference between winning a lawsuit or losing it. Do not assume that just because you have the money, you are in the power position. If this person has enough money to give you large sums of money, there can afford to hire a good law firm. This law firm will hold you accountable. You might not even be able to afford a lawyer.
This is why at the very least, you should have a legal consultant put together a contract that protects you. How can a contract protect you? It can make the “court area” in a place that is favourable for you. Maybe you are raising money in China, but you can write into the contract that a court in Australia has the power to regulate the agreement.
You can also make the repayment terms very flexible. If someone asks for their money back, it can say that you have a year to repay it. That is much better than only having 30 days to repay the money. Spend some money on legal fees to protect yourself.
Here are some of the things you can use a bankruptcy lawyer for:
Going bankrupt by decision
Being forced into bankruptcy
Restructuring your debts
Negotiating with creditors in China
International debt disputes
Closing down your Chinese company or company in China
enterprise bankruptcy law
file for bankruptcy
Chinese Employment Laws And Bankruptcy
The laws of China also relate to employment law. The government of China wants to know that your employees will be taken care of. In China, employees are most important than unsecured debt holders. However, people with security are ahead of the employees.
Keep in mind that the new bankruptcy laws in China only apply to companies, not to people. There are no laws for personal bankruptcy.
If your company can’t meet its payments, and if it doesn’t have enough assets to cover the debts, then you should speak to a legal professional.
Background On Chinese Law And bankruptcy liquidation
Hong Kong and Macao are outside of the powers of the Supreme Court of China. However, with Hong Kong’s new security laws, this may no longer be true. Make sure you get legal advice from one of our insolvency lawyers. Hong Kong uses British common law, and Macao uses civil law (like China.)
Some high courts in China only accept cases that are over $40 million in USD. Others will deal with insolvency amounts over $7 million.
Some provinces that have people with low incomes will hear smaller amounts. It’s really complicated to find the right Chinese courthouse to file in.
There are 390 intermediate courts in China. Most foreign company bankruptcy cases are heard in Intermediate Courts.
Your first step is to hire a bankruptcy lawyer in China. They will file forms with the “People’s Court” in the place that you do business. If the courts accept your application, then someone will be appointed to administer the bankruptcy proceedings. There are a number of law firms and companies that focus on doing administration for bankruptcies in China.
Many of the companies are full of accountants and lawyers. The court will decide for you which company is picked. The company will work for the courts, not you. The people you owe money to will have say in which bankruptcy administration is hired.
Once an administrator is hired, they will prepare financial statements. Once that is done, they will decide if the business should keep running, if the company should be sold, or if the company should be shut down and liquidated.
If the assets are sold, the administrator will decide which offers to accept (subject to the court’s approval.) All creditors must reach out to the administrator within a certain period of time. The courts will decide how long of a period it will be. Sometimes the period is one month. Normally the bankruptcy is advertised in the media and newspapers. A letter might also be sent out to a number of parties.
What Debts Can Be Claimed With enterprise bankruptcy law?
You can claim things like lawsuit judgments, money that is owed to you, or secured debt. There will be a meeting where all the people that are owed money get together. If you have applied to be allowed to submit a claim, then you can attend the meeting.
The point of the meeting is to go over the claims that have been submitted to see which claims are real. The administrator will also be evaluated. There will also likely be a vote to determine if the business should continue operating or if it should be shut down.
There also might be talks about selling off all the assets.
According to the Clio Legal Trend Report 2020, firms with deep technology adoption are projected to collect nearly $40,000 more annually per lawyer. This indicates a powerful advantage of cloud-based and client-centered technologies.
This article will cover what you need to know about the 2020 Clio Legal Trend Report.
Today, Clio, the leader in cloud-based legal technology, released its 2020 Legal Trends Report, revealing an unprecedented rate of technology adoption in the legal industry during the COVID-19 pandemic. The findings show that firms embracing cloud-based and client-centered legal technologies are projected to collect nearly $40,000 more this year, per lawyer, than those slow to adopt the technology.
“The technological transformation of the legal industry that we expected to take place over the next five to ten years is now being compressed into weeks and months due to the pandemic,” said Jack Newton, CEO, and Co-founder of Clio. “More than ever, lawyers realize that technology is a powerful differentiator in building a better normal going forward and legal professionals who had hesitated to adopt technology in the past were suddenly forced to rapidly adapt to this new reality.”
How To Grow Your Law Practice
Included in the report was an analysis of data from tens of thousands of legal professionals comparing revenue earnings of firms using multiple cloud-based, client-centered solutions that are part of the Clio platform. The analysis showed that firms using electronic payments, client portals, and client intake and CRM solutions collected nearly $20,000 more per lawyer in 2019. In 2020, firms using these solutions are projected to collect nearly $40,000 more, indicating that these technologies have significantly mitigated the impact of the pandemic on these firms and is accelerating their recovery.
The future of brick-and-mortar legal services remains uncertain among lawyers. Included in this year’s report was a MaxDiff analysis designed to better understand what’s most important to legal professionals and their clients. Operating out of commercial office space ranked the least important to both legal professionals and their clients while using technology to organize their firm was determined to be one of the most important success indicators by lawyers.
Survey data also showed that physical, in-person legal services are far from the default for law firms with 79% of law firms relying on cloud technology to store firm data, and 83% meeting with clients virtually.
Clio Legal Trend Report 2020
The shift to virtual, cloud-based legal services may already be well underway. Seven percent of legal professionals said that they had let go of their commercial office space after the start of the pandemic, and 12% are unsure if they will keep their commercial office space in the future.
The majority of consumers also favor a lawyer who offers technology solutions with 69% of consumers preferring to share documents electronically, 65% preferring to pay through electronic payments, and 56% preferring video conferencing over a phone call. Moreover, both lawyers and consumers see the benefit of the permanent implementation of technology. Ninety-six percent of legal professionals plan to continue using cloud technology beyond the pandemic to store firm data, while 37% of consumers said that in the future, most if not all lawyers should run their practice virtually.
“The future of the legal industry will be cloud-based and client-centered,” said Newton. “The advantages of better service, increased efficiency, and a more flexible business environment will only continue to benefit both lawyers and their clients.”
Client Satisfaction For Law Firms
Client satisfaction—and the resulting reviews and referrals—were the most important factors to firm success, which creates a strong impetus for tailoring legal services to client needs. Consumers also indicated that issues related to the affordability of legal services, as well as transparency into overall costs and payment flexibility, were key in determining the heritability of a lawyer. As many lawyers turn to technology to streamline firm operations, often beyond the walls of commercial office space, we may be seeing an opportunity for lawyers to redefine their pricing and payment strategies through payment plans, flat fee services, unbundled legal services, and subscription to help open up their services to underserved legal markets that would be otherwise unable to afford legal services.
Now in its fifth year, the 2020 report includes Clio’s real-time analysis on the impacts of COVID-19 on the legal industry from March to August encapsulating: anonymized and aggregated responses from 150,000 legal professionals using Clio over the last two years, as well as, survey responses from 1,000 legal professionals and 1,000 general consumers in the U.S on what they deem most important to them today and in a post-COVID world.
Clio Is Cloud-Based and Client-Centered
In light of recent findings, Clio transforms its product roadmap to help the legal industry create a better normal. At the eighth annual Clio Cloud Conference, Jack Newton, CEO and Co-founder of Clio, unveiled findings confirming a rapid and compressed transformation of the legal industry brought on by the pandemic. To better support these permanent changes, Clio is expanding its mission to transform the practice of law, for good, to include how society engages with, delivers, and experiences legal services.
“The notion of returning back to normal is altogether shortsighted,” said Jack Newton, CEO, and Co-founder, Clio. “Instead, we should be thinking about how we can build a better normal. With this, we are looking beyond merely making the practice of law easier for lawyers. We are looking at redesigning our product roadmap to better serve the legal profession, and ultimately, the clients that depend on them.”
At the outset of the pandemic, Clio undertook in-depth research to understand the challenges US legal professionals face due to the global pandemic. Clio discovered that firms using a variety of cloud-based and client-centered technologies such as practice management software, online payments, client portals, and client intake and legal CRM software were able to better adapt to the new environment brought about by COVID-19, serve more individuals while seeing better revenue than firms conducting the same amount of work without these tools.
The Future Of Legal | Clio Legal Trend Report 2020
“The future of legal is already here, it’s just not evenly distributed yet,” said Newton. “Firms that move to hybrid or cloud-first practices and reexamine the packaging and delivery of their services will be the ones who succeed and will be in a position to serve a wider clientele. Our role is to ensure they have the tools to do that successfully.”
In his keynote, Jack revealed a number of new solutions and integrations that take the place of fixed and outdated models. These virtual by design releases focus on key stages of the client the journey from discoverability to retention, and close the gap between what drives law firm success and hireability.
Connecting clients with lawyers online
The findings from the 2020 Legal Trends Report show that the need for physical law firms is becoming irrelevant in the wake of affordable and technology-based solutions. Both legal professionals and their potential clients agree that a physical office space ranks at the very bottom as a driver of a firm’s success and hireability. Additionally, when looking for legal services, 57% of consumers search on their own, with Google owning more than 90% of the global search market share.
Google My Business integration
To ensure lawyers are marketing and engaging with potential clients where they are searching for legal help, Clio announced an integration with Google My Business. With a free Google Business Profile, prospective clients can review, email, and call a firm directly within their initial Google search. Clio customers will be able to manage how their business appears on Google Search and Maps and create, publish, and manage their Google Business Profile directly from Clio. With this development, Clio is ensuring businesses are showing up to prospective clients in the right way.
Paid consultations | Clio Legal Trend Report
Although Clio has offered Clio Payments, an e-payment solution powered by LawPay, for years, the organization recently launched an easy and flexible a way for clients to schedule paid consultations with Clio lawyers online, reducing client intake costs, and no shows.
The majority of consumers (69%) prefer working with a lawyer that can share documents electronically through a web page, app, or online portal.
Clio for Clients | Legal Trend Report
To ensure clients can stay connected with their lawyer, get updates from anywhere, and expedited case documentation, Clio announced a brand new app designed for legal clients specifically called Clio for Clients. This is their first foray in legal client technology and was met with resounding excitement at the conference. With Clio for Clients, clients of Clio lawyers can receive updates, documents, and communicate with their lawyer via one singular secure app designed for them.
E-signatures: Clio Manage users can now save time by preparing, sending, and electronically signing documents directly from Clio Manage. Reviewed and signed documents are saved automatically in Clio. This removes the hassle of downloading, printing, or scanning documents to get them signed.
Collaborating and communicating remotely
84% of legal professionals say they could serve their clients even better if more parts of their practice were automated with technology. Additionally, a significant minority of consumers (37%) prefer to meet virtually with a lawyer for a consultation or first meeting, and 50% would rather conduct any further meetings through video conference.
Microsoft Teams integration: While some law firms have transitioned back to the office, the need to collaborate remotely remains permanent. With Clio for Microsoft Teams, Clio customers can automatically create new teams when they create a new matter in Clio and access them at any time from the Matter Dashboard.
Zoom integration: In one click, Clio customers can add a unique Zoom link to their Clio Manage calendar invites. Any meeting can be made a Zoom meeting, and event invites include all the details needed to join the video call, including a password.
Dialpad: Clio Manage’s integration with Dialpad enables firms to take advantage of having a dedicated business phone line, without having to be tied down to a fixed landline. With Dialpad, customers can work remotely and rapidly scale the communication needs of their practice, capture billable and non-billable hours spent with clients, streamline, and keep logs of their communications.
Automating and improving collections | Clio Legal Trend Report 2020
In June, 71% of legal professionals were concerned about their clients’ ability to pay legal fees than before the pandemic. However, as uncovered in this year’s Legal Trends Report, firms that adopt more than one technology, such as online payments and billing, see a compounding positive effect in business performance, including revenue collection.
Automatic bill reminders: New to Clio Manage, customers will have the ability to automatically send out gentle reminders to their clients about their account balances. This feature eliminates time-consuming administrative tasks and allows customers to spend their efforts on doing billable work, procuring clients, and spending time growing their firm.
Building the operating system for legal
76% of legal professionals believe that legal services can be streamlined when conducted virtually, while 68% say technology has helped their firms deliver better client experiences during the pandemic.
We are a Chinese legal services company. If you want to learn more about us, see the links below. Our lawyers use the Clio Legal Trend Report 2020 to serve their clients better.
Clio is doubling down on creating a singular operating system for legal by streamlining the process of logging in to all the key solutions legal professionals have come to rely on. Launching with Fastcase, Legalboards, and myFirmData, Clio customers will now be able to login using the same credentials they use for Clio Manage and Clio Grow. By eliminating the need to create separate emails and passwords for each integration partner, Clio is creating more secure and streamlined workflows for its customers and plans to launch a single sign-on with its over 200 integrations.
During the initial impact of the pandemic, 83% of legal professionals viewed cloud technology as necessary to the survival of their law firms, and as many as 82% said that technology had become more relevant. Now, the vast majority (85%) of law firms are using digital technologies to manage their practice. With no end in sight of the need for better cloud-based and client-centered solutions, Clio will continue to roll out client-centered and cloud-based solutions that better meet the needs of all involved in the legal system.
Let us know what you thought of the Clio Legal Trend Report 2020.
2020 Reisman Award Winners
Five outstanding law firms have been awarded a Reisman Award. Clio has recognized the law firms for their innovative approaches to delivering legal services. Clio, the leader in cloud-based legal technology, announced the winners of the fourth annual Reisman Awards. Recipients included Clio customers who have demonstrated law firm excellence and innovation over the last year.
“We were absolutely blown away by the amazing ways Clio customers leverage our platform to better the lives of their clients, employees, and communities,” said Jack Newton.
“This year has been one of immense and rapid change, presenting a variety of new challenges. We’re proud to recognize legal professionals who are making a profound impact on the world through their work.”
Best New Law Firm: Schneck Immigration Law
The best new law firm award honors a newcomer. They have weathered the trials of entrepreneurship and come out on top. After working at a large firm, Kristen Schneck broke out on her own. She created a law firm that focused on creating a culture of career growth for women. She also created a more diverse and inclusive workplace. The firm could better serve the needs of the Pennsylvania community. She is now considered a leading voice in Pennsylvania. This is on the topic of Immigration Law. Schneck has seen great success and has added three additional staff. Also, the firm is currently adding a second partner immigration attorney.
Best Growth Story: Jodi Ann Donato | Clio Legal Trend Report 2020
The best growth story honors a firm that has experienced exceptional gains. After suffering an office fire in December 2017, Donato Law moved into a temporary office in New York. Then they experienced a second setback when a pipe burst due to the cold. Thankfully, Jodi Ann Donato stored the vast majority of her work in Clio. Therefore, Jodi was able to recover over time. This happened without any downtime. Fast forward to 2019, and Donato Law took in 21% more cases than they did the previous year. The firm almost doubling between October 1, 2019, and December 31, 2019. This was compared to the same period from 2018. On top of this, Donata Law’s accounts receivable is the lowest it has ever been in their 27 years of practice. They didn’t have to institute collections actions against any clients in 2019.
Community champion honors firms that prioritize giving back to their communities. This is whether it be through pro bono work, donations, volunteering, mentorship, or another altruistic activity. Counsel Carolina is an equal access law firm committed to closing the justice gap in North Carolina. The state sees almost 80% of the civil legal needs of regular people not being met every year. To make justice more accessible and affordable for all, Justin Osborn and his team travel around the state. They host free legal advice events in their custom 33ft RV. They also provide advice on site with community partners. Since they opened in April 2019, they hosted 59 events in 13 cities. They also volunteered 1308 hours of pro bono service and helped over 799 people in their community.
Legal innovation honors a practice that has successfully challenged industry norms. This is either through technology, delivery of legal services, or meeting the needs of a non-traditional market. Based in the UK, Roche Legal is dedicated to giving a voice to the elderly and vulnerable. They also demystify the legal process and changing perceptions about the profession. The driving force behind Roche Legal is its dedication to embracing new technology.
This ensures they offer unique client service innovations. They meet clients virtually and create eBooks clients can use to navigate the legal process. Roche Law also offers clients an innovative online Will writing and Lasting Power of Attorney service. This took two years to develop and has just four sections for the client to complete. Their remote Will writing system gives clients a prompt and efficient service. This is wherever they are in the world without having to rely on postal service.
Excellence in Client Service: Ceiba Forté Law Firm
Excellence in client service honors a practice that has successfully implemented a client-centered approach to running their firm. It must be better for their clients and their business. Ceiba Forte Law Firm focuses on serving the Minnesota Hispanic community with their civil, business, and employment matters.
To ensure that the experience they provide clients is approachable they inject a little fun in the consultation process. They offer story cards to better capture the way a client feels about their case and use visual charts to ensure they know why the client is asking the questions they are. To ensure legal services are affordable they offer alternative fee arrangements like flat fees, contingency, and hybrids. A core belief at Ceiba Forte Law is adapting to the needs of every client, especially for hard-working Hispanics, foreigners, and immigrants, and communicating in a clear way to ensure all their clients understand the legal process and are at ease.
The Reisman Awards celebrate the legal industry’s game changers, groundbreakers, and pioneers. “By recognizing firms of different sizes and at different levels of success, we’re highlighting the most enterprising and ambitious of our community,” said Newton. “Our customers are on the leading edge of this industry, and we’re proud to honor their hard work.”
Did you find the Clio Legal Trend Report 2020 interesting?
China and the United States have been having a massive trade dispute for years now. You might wonder why a legal company is writing about global trade? Because it affects many of the clients that our lawyers in China represent. We have seen many foreign companies leave China to open in other countries, like Vietnam.
China has also taken a tough stance on its relations with American companies. Facebook got banned from China in 2009 when the company failed to comply with Chinese government information requests. Google and China have also been unable to agree on their issues.
In 2018, China was the largest trading partner of the USA. The two countries traded over $650 billion with each other.
The United States has an economy of $20.49 trillion and is China’s largest trading partner. In 2018, the Chinese GDP in nominal terms stood at $13.37 trillion.
Both the United States and Chinese economies need each other. There’s no going back from globalization. China needs the USA to buy its low-cost products and manufactured goods. The USA needs low-cost imports from China to make cheaper products.
The New Cold War
It is likely that for the next few decades, the relationship between China and the United States will be like the cold war that existed between the Soviet Union for 45 years. Instead of real war, both countries will spend billions of dollars on influence, hacking, technological innovation, and banning each other’s companies and diplomates.
The first cold war with the Soviet Union entailed a space race, the building of aircraft carriers, spying, and the stockpiling of nuclear weapons. In 2020, the new cold war will involve each country’s ability to mine data, hack, and organize data.
As became obvious in the 2013 Edward Snowden Global surveillance disclosures, countries can use their major companies to collect mass amounts of data, both domestically and internationally. As was the case with the Soviet Union and the US, both China and the USA will put pressure on each other until one of the countries collapses. The two countries cannot share the “gold medal.”
If you need legal advice from a lawyer in China, contact us using the form on this page. A lawyer will contact you directly.
Author: Alistair Vigier 韦理德
China and the United States Dispute | Get Help From A Chinese Law Firm
Are you wondering if Beijing is a good place to live? This article will form part of our immigration law series for moving and working in China. This article will also focus more on the positives of Beijing. You can search elsewhere for any downsides to the city.
Most people from countries like Canada, Australia, and England might move to China for a few years to work. They will often stay for a short period of time. However, some marry a Chinese person, stay married for five years, and then apply for their Chinese green card. We covered the green card in detail in the article in the link. Therefore, the people in your circle might change every few years.
Beijing Subway Map
The subway system in Beijing is very easy to use. The only time I had a hard time with it was when my subway card ran out of money. I gave 100 RMB to the subway person and pointed to the card. I was hoping they would know that I want to put 100 RMB on the card. Someone had to come and help with the translation.
It’s also extremely cheap to ride the subway. It costs around $2 to get across Beijing.
Beijing Food Culture
Food is most people’s favorite thing in Beijing. This includes the local’s favorite thing. Chinese people speak about food a lot. However, keep in mind that most people in China think that their city’s food is the best.
The most famous Beijing dish is called Peking duck.
If you want to know if Beijing is a good place to live, you should first visit there. If you decide you want to get a work permit or apply for your permanent residency, then contact us. We will connect you with one of our immigration consultants in Beijing.
Are you look at immigrating to China? The rules for how to do it can vary from country to country. We recommend reading this overview and then going to the end of the article to see if there is a detailed guide for your home country.
The immigration rules for your country can change depending on if your country is getting along well with China or not. For example, countries like Canada and Australia have started to argue with China. As such, it has become harder for people in those countries to immigrate to China.
This article will focus on getting your “Chinese green card.” We will not touch on visitors, student visas, transit visas, or work visas. The reason for this is that it’s something that you can do without a lawyer. However, if you are applying for a work permit or a green card, you should get legal advice from a lawyer or one of our immigration consultants. It’s not expensive, and if you get rejected, it could have a massive impact on your future.
See our article at the end of the article on getting your work permit.
Sometimes trying to save a small amount of money on immigration can cost you a lot of future earnings. Don’t make this common mistake.
Will China welcome more immigrants?
There has been a draft bill put forward in China that would make it easier for foreigners to get their “Chinese green card.” There are now over one million foreigners working in China. Of course, that is only a small part of the $1.4 billion population.
China has some of the toughest immigration policies in the world. It’s easy to work there for a short period of time, it’s hard to move there. The USA issues one million green cards per year. China, only around 200.
If you can find a way to add value to China, it might be an easier way to get your green card. China also likes it when foreign companies invest large amounts of money.
In the last 16 years, only 10,000 people have got green cards. One of these people is Elon Musk because he invested a large amount of money in building the Tesla factory in Shanghai.
How To Get Your Chinese Green Card | Immigrating to China
Most people can travel to China for school or visit. It’s also easily possible to travel to China to attend a four-day conference. However, getting your Chinese green card is much more difficult. See the list below for a list of the ways that you can get your Chinese “PR.”
You have been married to someone with a Chinese passport or green card for more than five years
There has been a lot of investment into China from you or your company
Getting your PR from being a skilled worker
Getting offered your green card because you have done things that benefit China greatly
You need to be healthy, have no criminal record, and have money in the bank. China does not want to support you. You should come to China to benefit society.
Do You Meet The Criteria? Get Your Immigration Consultant To Apply
There will be an application form with a bunch of information required. You will need to show something from your country that you have no criminal record back home. Your application will go to your local government or public security branch. If you hire an agent or consultant to submit the paperwork, they will have to have something giving them the power to do so.
You will also submit your passport, something from a doctor, and other documents (it will be a lot.) If you miss any of the required information, or it’s unclear, your application will be REJECTED.
It will take many months for you to hear back on your application. The Bureau of Public Security will be the ones investigating your paperwork, and you. If you are approved and are living back home (like in Australia,) then you will have to get a D visa and then collect your green card within thirty days of entering China.
To keep your green card, you must spend 20% of your time in China.
Unless you are someone that is super important, like an athlete, wealthy CEO, or scientist, it’s hard to get your PR. Therefore, most people get their PR from being married to a Chinese person for more than five years.
Are you looking at setting up a joint venture with a Chinese company? Our lawyers and paralegals have a lot of experience and stories to tell about this. Many companies in places like the United States, Australia, and England want to tap into the Chinese market. It’s massive, with $1.4 billion people. If you target the top 10% of income earners, that’s 140 million people that could be your customer.
Many of these top 10% of income earners in China are located in places like Beijing and Shanghai. Therefore, we have lawyers in these places. We also service Tianjin, as it’s a massive port city. You might have never heard of Tianjin, but it has over 12 million people. The capital of Australia, Sydney, has only 5 million people.
It’s this kind of statistic that makes western people excited about expanding into Asia. And of course, China is the most successful market in Asia. Japan used to be the leader but after the market crash in Japan in 1991, and the fall of the Soviet Union in 1990, China took over most of the economic power in Asia.
If you want to hire a paralegal, consultant, or lawyer in China, contact us at 1-844-466-6529 or fill out the form on the side of this page. If we don’t answer, just leave a detailed message. We operate a 24-hour business, so sometimes we are away from the phones.
Companies Expanding Into China | Joint Venture With A Chinese company
Many companies in the west want to expand but are nervous about China. They hear a lot of stories in the media, and also from friends of theirs that have companies in Asia. Some of the stories are true, and others are nonsense.
As is the case with most business plans, there are pros and cons to growing into China. Most companies want to set up a joint venture with a Chinese company. The idea is that the Chinese company has already built out the connections and the infrastructure. Let’s say your company is called Organic Skin Inc.
Organic Skin wants to start selling their organic lotion in Beijing. So you decide to enter into a joint venture with a company that has relationships with all the grocery stores in Beijing. Perhaps your product will be carried in 250 grocery stores. The name of the joint venture company is Beijing Wholesale Ltd (we just made it up.)
Beijing Wholesale Ltd will also help you get on their WeChat platform. In addition, they will promote your business via e-commerce on Alibaba and JD.com
What Are The Benefits of the Joint Venture?
The company will likely have a lot of followers on their social media. This will make it easy for you to test the market quickly. The last thing you want to do is spend years building up your following, to find out people don’t like your products. You can pay a marketing company to build your “paid” followers, but they have never tried your product. You then have to convince these people to try your product. Will they like it?
If you use the WeChat account of Beijing Wholesale, they might offer an amazing promotion. For example, for the month of June, the products of Organic Skin are 50% off! If people are not willing to buy when it’s 50% off, they never will.
What Are The Risk of a Joint Venture With A Chinese Company?
If they purchase the products and complain, it’s a bad sign. We have seen this happen. A consulting company in Shanghai (Shanghai Imports) helped a Canadian company (Healthy Co) expand to China. Shanghai Imports had a booth at a health conference. Healthy Co provided tons of samples for people to take. I believe they gave out thousands of products, and also sold hundreds of bottles of organic face cream. The branding and packaging of Health Co were fantastic.
People loved the products and ordered more. Sadly, Health Co had a hard time delivering the products from Toronto to Shanghai. They refused to work with experts, and their shipments were seized by the Chinese customs agents.
Also, people tried to return the products because they turned “brown” after a month. Shanghai Imports decided to stop working with Health Co.
What do you need to get a Chinese lawyer to do?
The situation above shows the risks when your product doesn’t meet the market need. It also shows that there are operational risks. However, there are also risks between the two companies.
Let’s say that Healthy Co’s products where successful. Suddenly, everyone is placing orders to Shanghai Imports. It takes three weeks for the organic products to arrive in Shanghai from Toronto and clear customs. Organic products don’t last very long because they have no preservatives.
Suddenly, it makes more sense for the Canadian company to make its products in Shanghai. The Canadian company gives its “secret sauce” to Shanghai Imports so that the products can be made. Eventually, the Shanghai company decides that they no longer want to share 50/50 with Health Co.
What can Health Co do? Hopefully, they had a lawyer in Shanghai to create a tight joint venture agreement. If they did, it might say that all legal issues will be dealt with in by arbitration in a court in Toronto. Also, both parties agree that a judgment made by the Toronto arbitration is enforceable in a court in Shanghai.
Once the judgment shows that Shanghai Imports owes Health Co $2 million, Health Co can hire a Shanghai lawyer to enforce the judgment and collect payment. Maybe Health Co can take over the warehouse as payment.
Lawyers know the law and how to deal with problems. Call us. Below are some of our services.
Are you worried about getting arrested in China? There is a lot of news about foreigners getting in trouble. Here is what you need to know about the criminal law system in China. We will focus on how criminal law ties into business (they are connected.)
If you have already been arrested, or think you are about to be, you can fill out the form on this page. You can also call us at 1-844-466-6529
Assuming you escaped, and you are not sure if you will be arrested if you go back to China, we can help. One of our lawyers can speak to the police and try and negotiate for you. You need to be very careful of exit bans.
Keep in mind that if you don’t do anything dangerous in China, it is very unlikely that you will be arrested. Doing things like selling drugs or stealing is a simple way to get arrested in any country.
Your Government Won’t Be Able To Help | Getting Arrested In China
Let’s say you are from England, and you go to China and get arrested. Don’t assume that the British government can get you out of jail. You are subject to the laws of the country you go to. If a Chinese person goes to England, they can’t say they are following Chinese law.
This is why it’s so important that you hire a lawyer in China. Prevention is the best way to deal with criminal and business problems. A lawyer can tell you how to stay out of trouble.
The Chinese legal system is very different than that of Australia, Canada, and New Zealand. For example, you do not have the right to remain silent. According to Chinese law, you must provide information about yourself and others involved. This is also true of businesses. A company that operates in China must provide all information to the government.
The police have the right to hold you for over a year without charging you. Again, your government won’t be able to help you much during this time. You also won’t be able to see your friends or family.
How People Get Into Trouble In China
A lot of foreigners go to jail over fights. Sometimes someone does something to a foreigner, and the foreigner might punch a Chinese person. Other times arguments can happen when there is a car accident. Crowds get involved, and people start filming.
People can feel that it’s inappropriate for someone from another country to hit someone who’s Chinese. Crowds can turn against foreigners pretty quickly. It doesn’t matter who is at fault. People can get beat up by the crowd.
The police will often show up and arrest everyone. Someone who gets arrested will be brought to the police station. There will then be an interrogation, where the police will try and get you to confess to the crime. Sometimes people give a written confession to get out of jail. But be careful of this. This can lead to evidence to be used against you in a lawsuit.
Even if a Chinese person from another city gets arrested in Shanghai, they might be considered to be similar to a foreigner.
Getting Arrested In China At The Police Station
You might see there are a lot of people at the police station that is there for things like fights, not paying someone money, or putting business promotional stickers on the walls. Prostitution can also lead to getting arrested.
The police can hang you up by your hands and beat you up. This is not against the law.
Be very careful in getting in fights with Chinese people as a foreigner. It’s best to gather evidence and sue the person if they hit you. Sometimes fights happen when a taxi driver tries to take advantage of a foreigner. This happens very often in Shanghai. The driver might say that their meter is broken (every time) and that they want a flat fee. They might ask for $50 for a ride that was only meant to cost $10 if the meter “had worked.”
Sometimes it’s best for the foreigner to just pay the medical bill of the Chinese person. This should resolve the issue. However, if the police don’t let you go, you should contact one of our criminal lawyers.
One easy way to increase your chances of getting detained is to not have the proper paperwork. If you are selling products in China without a license, the police will likely take you down. As a foreigner, you are going to be watched. If you do anything illegal, the police might want to make an example of you. This is why you should hire a business lawyer in China to make sure you have the right business license.
You also need to operate under the right visa or permit. If you are doing business without a visa or permit, and not paying taxes, you are going to get in trouble.
You also need to have tight contracts with your employees and suppliers. Most police investigations start when an employee or other company gets into a dispute with the foreigner. The Chinese employee reports the business to the police. The same day, the foreigner is arrested. You better have strong paperwork so that you can quickly get out of jail. Your lawyer is not allowed to be in the room while the police ask you questions. This is why it’s so important to have the right documents with government or court stamps on it .
Most criminal investigations can also lead to lawsuits. If someone gets into trouble because of you, they will likely file a lawsuit in China .
Getting Questioned By The Police | Getting Arrested In China
The same law applies to Chinese people and people who visit China. There is no special law for foreigners. Often if you get into a contract dispute with a Chinese company, they will ask the police to exit ban you. This will make sure you can ‘t leave the country without paying the money. Keep in mind that lawsuits go on for years. This means that you can’t leave China possible for years.
Make sure you hire a lawyer that can speak English and Mandarin. You also want a lawyer that focuses on criminal law. Don’t hire the lawyer you used for your divorce. You also want a lawyer in the city that you were arrested in. If you were arrested in Beijing, you need a Beijing criminal lawyer. Many people make serious mistakes when hiring a lawyer. Others don’t hire a lawyer at all, because they assume the “truth” will get them out. Keep in mind that the truth won’t come out during the trial. Therefore, you could spend years in jail waiting for the “truth.” That is far too risky.
Your local lawyer should have contacts in the city. For example, your Beijing criminal lawyer might be able to call the chief of police in Tongzhou. They can meet for lunch and discuss your case. Your lawyer can show the police chief why you are innocent . If you wait for a judge, it’s going to take years.
How much would you spend on a lawyer to avoid spending years in a Chinese jail?
Your family can go to the trial, but cannot speak to you. The judgment pronouncement will normally be submitted in writing, not read out at the end of the trial. If you fear getting arrested in China, contact us so our Chinese lawyers can help .
How NOT to Get Arrested in China
Don’t talk about sensitive topics
Do not assume the laws in China are the same as your national country
Don’t talk bad about the government
Do not get into fights
Don’t bring Cannabis (CBD or THC) into China, it’s illegal
Have proper contracts with your employees and contractors
A separation agreement, or divorce contracts, are often the least expensive way to deal with a divorce. You have two options for dealing with a separation. You can either come to an agreement with your spouse or let a judge decide.
The separation agreement can also be called a divorce settlement agreement, or divorce contract. When the parties want to sign something but want to stay married, it’s called a post-marriage agreement.
You sign the divorce contract before you file for divorce in the courts. This prevents the need to go to court and saves you time, stress, and money. If you are separated and getting along with your spouse, right now is the time to do the divorce agreement. You and your spouse might be fighting over something new next month. You need both spouses to sign the divorce contract. If one or both are angry, it rarely happens.
If you need a divorce lawyer in China or Canada, we have them available. We also have paralegals who can do most of the work, and save you money.
Divorce Settlement Agreement
If you need to hire to go to the family law court, it’s a lot more expensive. Going to court is not a simple task. Most people see TV shows where the court case goes on for about 5 minutes. In reality, you will likely have to deal with the courts for many months.
Do not get legal advice from TV shows or from friends. You need to speak to a family lawyer. We have family lawyers in Beijing, Shanghai, British Columbia, Alberta, and Ontario.
In China, it might be possible for you to work with one of our family law consultants. In Canada, that is illegal. You must hire a lawyer to deal with your issue. Families, friends, and consultants are not allowed to provide you with legal advice.
Canadian family laws are very complicated. The rules will also be different if you are in Vancouver, Calgary, or Toronto.
Dividing Property And Assets In China
If you are located in China, we will connect you to a lawyer there. The separation agreement often covers spousal support, child support, child custody, and property division. The more legal issues you need to agree on, the more likely you will need to go to a family law court.
However, it’s not a waste of money to try the separation agreement before going to court. Let’s say you have three legal issues. You have a property in Shanghai and Toronto. You also have two kids and you make more money than your spouse.
Let’s say you can agree on who will get custody of the children and you agree to make a payment to your spouse. You put this information into the separation agreement and sign. You cannot agree on the properties. You will only need to go to court to argue over the properties.
Independent legal advice | Separation Agreement
When creating a contract, the other spouse must have legal advice. A lawyer cannot represent both spouses. If there is no independent legal advice, the agreement will likely be thrown out by a judge. ILA is not expensive, so make sure you or your spouse receive it before signing the contract.
In order for a contract to be valid, there also must be legal consideration. This means that a contract that is completely one-sided will likely be thrown out by a judge. You need to make sure the agreement is fair for you and your spouse. Most important are any children you have. A court will always make decisions that are best for the children. A judge doesn’t care how much money you want as much as they care what is best for a child.
Issues regarding the child must be approved by a judge
You can agree to issues for the child in the separation agreement. However, the court will still have to approve them. You can attach a copy of your signed separation agreement with your divorce papers and file it with the courts. This will show the judge what you want to have happened with the children. However, the judge must approve.
The costs of the separation agreements will vary depending on your situation. There is no set price for the entire legal industry. It’s best to reach out to us today to get a quote.
If you need a divorce lawyer in Beijing, Shanghai, or any of the other major cities in China, let us know. We will connect you with one.
If you have a property in Canada, you will need to hire a lawyer in Canada. A lawyer in China cannot practice Canadian law. We have lawyers in both countries.
When someone goes through a divorce and makes more money than the other spouse, they often have to pay money to the other spouse. We can help you calculate the amount of money that you should pay or should be paid.
We are the legal bridge between Canada and China
Clearway was designed to help Chinese people find a lawyer easier. Also, we educate Chinese people on the benefits of hiring a law firm. The legal industry is new in China. Therefore, most people don’t know why and how to hire a lawyer. In the past, most people would ask their friends for legal advice.
In most cases, their lawyer was not a lawyer. The friend would then search on Baidu or WeChat to try and find the answer for their friend. Of course, the information they quickly found could have been wrong.
China is becoming more modern. It is time for Chinese people to hire a lawyer and get professional legal advice.
Using information and software to create the separation agreement
You have worked hard to build your family and wealth. Don’t lose your money, property, and family because you want to ignore your problems. Ignoring problems does not make things better. Deal with your problems with the professional advice from a law firm. Contact us today so that you can get proper legal advice from our family law team.
Let us know in detail what your family law issues are. The more useful information you give us, the better we can assist you.
If you have children or property, you will need to get a separation agreement. The courts will not approve your divorce papers before you deal with these issues in a separation agreement.
Dividing assets and debts In China | Separation Agreement
Banks will also want to see a separation agreement before they change your mortgage and property title. They will want to see that you and your spouse have agreed on all the issues.
The banks do not want to get involved in divorce court battles. They will also want to see that you had the contract professionally drafted. They will not accept an agreement that you downloaded on the internet.
If you started your own contract, you can hire a lawyer to finish the divorce agreement for you.
You can sign the separation agreement at any time. In Canada, you need to wait a year after being separated to get approved by the courts for a divorce. However, you can sign the separation agreement at any time.
We recommend doing the separation agreement as soon as possible. If you and your spouse are still talking, it’s a good time. You never know if you and your spouse will be arguing in a few months. Many there will be some jealously if one of you starts dating someone else. Now because of jealously, your spouse or you won’t want to sign the agreement anymore. Now you need to spend a lot of money on a law firm to speak to a family law judge.
The main things that go into the agreement are spousal support, debts, properties, child custody, and spousal support payments. Depending on your situation, there might be additional information.
The cost of the divorce contract or separation agreement will depend on if you can work with a consultant or not. Either way, the cost of a separation agreement can be between 4500 ¥ to 15,000 ¥. The cost will depend on how complicated your matter is. Speak to us to get a quote.