Foreign marriage disputes increase

Courts are facing an increasing number of family dispute cases involving non-Chinese partners, and an awareness of foreign laws is becoming essential for Chinese residents marrying foreigners.

With rapid economic development, more Chinese have married foreigners and, as a result, disputes over money and children have risen, the Supreme People's Court said.

Courts handled 5,272 family cases involving foreigners in 2013, a 26 percent year-on-year increase, the court said.

The cases mainly concerned divorce, property rights and the upbringing of and access to children, the court said.

A basic awareness of foreign laws - especially those concerning a spouse's nationality - as well as potential cultural differences, would be of immense benefit, said Zhang Yongjian, chief judge of the civil department under the top court.

"After all, we have different cultures and legal systems from other countries," Zhang said, suggesting that pre-nuptial agreements or understandings over certain issues should be reached before the wedding day.

Han Mei, a judge in the department, said that in many Western countries, including the United States and Britain, the partner who is not granted custody of the children after a divorce is no longer the legal guardian, which is different from the situation in China.

"We often handle cases where divorced Chinese mothers who don't get custody of their children have brought the children back to China, but this isn't allowed or legal if their divorce is recognized in Western countries," Han said. "Foreign fathers can appeal to the courts, claiming that the mother abducted the children."

A basic understanding of the marital laws in force in a foreign spouse's country is essential, she said.