How To Enforce BC and China family Orders, is a topic our High Net Worth Mandarin Chinese Divorce Lawyers get asked frequently. This happens because with our new and modern economic conditions, people have family property and income spread out and earned across the entire World.
Our high net worth Mandarin Chinese divorce lawyers know children may move or spend time in two different countries either before of after a Mandarin Chinese family law separation. This means complex Chinese and BC divorce issues can be fought on more than one legal front and with differing rules.
Hiring the best high net worth Mandarin Chinese divorce lawyers ensures that are up to date on the latest strategies involving international divorces which helps you maximize your chances of success. Knowing how to enforce or defend a foreign judgment is a specialized area of law so make sure your family lawyer knows the detailed rules. Fraser MacLean and Lorne MacLean KC along with Robert McQueen set recent precedents involving defending against a foreign child parenting judgment that was contrary to BC law.
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用实战经验和创新思维保护您的权益
无论是步入一段婚姻还是结束婚姻，都是您人生中最重大的决定之一。无论您是在为新的家庭打基础需要签订婚前协议，还是在关系破裂是处理财产分割问题，这都是一件严肃的、具有挑战性的事情，特别是对于那些拥有高净值资产和收入的人士来说。
作为您的家庭法律师，我们将引领您度过这个特殊而敏感时期，并为您处理家庭法中子女抚养、监护权、财产分割、孩子抚养费和配偶赡养费等错综复杂的问题。如果您的案子涉及到其它国家，比如您在其它国家结婚或生活，有资产在那里，或是要执行其它国家的法庭令，我们都将帮助您制定切实可行的方案，有效地解决问题。
迈林律师事务所拥有最大的中文家庭法团队之一，精通普通话和粤语，无论在法庭内外，都成绩斐然。从2016到2023年，我们五度蝉联《Top Choice Awards 最佳选择大奖》”温哥华最佳家庭法律所”，并在Google Review上有近满分的客户评价。我们致力于以战略性、创造性和实用性兼备的计划为您高效解决家庭法方面的困难。欢迎您随时与我们联系，我们的中文家庭法律师团队会竭诚为您服务。
High Net Worth Mandarin Chinese Divorce Lawyers
MacLean Law has one of BC’s largest Mandarin and Cantonese fluent high net worth family law teams and we want you to be aware of exciting new developments on when BC and China will recognize each other’s family law decisions. In high net worth family law cases involving property and income spread across the world reciprocal enforcement is critical for orders to be effective. Many BC family lawyers are unaware of the new developments.
The British Columbia Supreme Court, ruled to partially recognize a Chinese divorce judgment by recognizing the part on spousal support, but not the part on child custody and child support (Cao v. Chen, 2020 BCSC 735). This judgment is important both for BC enforcing judgments from China and because China looks to see if a foreign court recognizes its orders in decided whether to do the same in return. Courts being asked to enforce foreign orders often focus on whether it is a final order and ensuring the foreign court order occurred after procedural fairness.
Differing aspects of a family law case can have different rules and some of our BC legislation allows for enforcement of interim orders or orders that are by their nature not fully final, such as support and child parenting orders which can be changed upon a material change.
In many of our high net worth Mandarin Chinese divorce cases the parties will have significant business, real estate and personal assets between Vancouver British Columbia, Mainland China, Hong Kong and Singapore as well as the USA. This means investigating to find all the property and true income is more complex and will require that you hire lawyers who know how to ferret out the true worth of the family to make sure it is properly valued and shared and differing tax regimes are accounted for. Deciding the most favourable jurisdiction to litigate matters right out of the gate in a family law and divorce proceeding.
Besides enforcement by BC and China in each other’s court systems, jurisdictional disputes at the start of an action will often occur. In a recent Canadian case the SCC upheld a ruling that the Chinese Courts should handle family law issues between the parties.
How To Enforce BC and China family Orders – What is New? 中文热线：604 682 6466
The People’s Republic of China’s new The Civil Procedure Law (2023 Amendment) (the “new CPL”) contains five articles on the recognition and enforcement of foreign judgments. Articles 298 and 299 remain substantially unchanged from the Civil Procedure Law (2021 Amendment), while Articles 300, 301 and 303 are newly introduced. There are new BC and Chinese family law developments regarding the recognition and enforcement of foreign judgments.
In practice, due to the lack of international conventions and the limited coverage of countries under bilateral treaties, the recognition and enforcement of most foreign judgments in China currently rely on reciprocity.
It remains to be seen if these new laws will expand enforcement of BC orders on financial and child parenting issues being enforced or respected in China. In the past divorce orders containing corollary relief beyond the divorce led to Chinese courts recognizing the divrce but not th efinancial relief on property and support. Of course, in China spousal support does not exist, but a court in China can reapportion assets in favour of one of the spouses to reflect childcare responsibilities after separation.
Mandarin Chinese Family Law Separation
Historically, Chinese family law and divorce courts maintained a position of “de facto reciprocity” determined based on whether there are precedents of courts of that country recognizing and enforcing civil and commercial judgments made by Chinese courts. Due to very limited number of countries that meet this criterion, the number of cases in which China recognizes foreign judgments on the basis of reciprocity is relatively small.
Under Peoples Republic of China’s law Article 44: When hearing an application for recognition and enforcement of a judgement or ruling of a foreign court, a people’s court may determine that reciprocity exists under certain circumstances with one big factor being whether the foreign country has recognized Chinese family law orders in the past.
We believe that the Chinese Court’s reciprocity can be affected by the international landscape and diplomatic relations. Public policy differences can also negate reciprocal enforcement of foreign family and divorce orders between BC and China.
High Net Worth Mandarin Chinese Divorce Lawyers 中文热线：604 682 6466
Our high net worth Mandarin Chinese divorce lawyers warn that there are complex foreign family law order enforcement issues such as:
- Limitation Period for Enforcement Applications
- Separate Applications for Recognition and Enforcement
- Jurisdiction and Objections
- Property Preservation: In both BC and China it is critical you act quickly to freeze disposition and act to preserve Worldwide property and income sources when seeking recognition and enforcement. Failure to do so means the party you are seeking to enforce against may try to move or hide your share of the family property and income. MacLean Law’s lawyers set the precedent for a Mareva injunction on worldwide assets in a case that resulted in record awards and front page media news. See our win in Devathasan v. Devathasan, 2017 BCSC 1010.
Our High net worth Mandarin Chinese divorce lawyers would be pleased to meet with you in person or via teams or Zoom to help answer your important questions about: How To Enforce BC and China family Orders.
中文热线：604 682 6466
