In the context of globalization, cross-border marriages and asset protection have become increasingly important issues that attract attention from society. On January 3, 2025, the Youth Department of Beijing Longan (Guangzhou) Law Firm, in collaboration with the Department of Marriage, Family Affairs, and Wealth Management, successfully organized a salon event titled “Australian Marriage Law and Asset Protection”. The purpose of this event was to delve into family property issues under the Australian marriage legal framework, as well as the specific methods of asset protection. A special guest speaker was invited: Lawyer Jillian Zhang from Owen Hodge Law Firm in Australia. Xie Xin, a senior partner at Longan Guangzhou and the deputy head of the Youth Department, served as the host of the event.
Lawyer Xie Xin
Senior partner at Longan Guangzhou, deputy head of the Youth Department
Lawyer Xie Xin first expressed his heartfelt thanks to all the lawyers who attended the event. He mentioned that this event was organized by the Youth Department and the Department of Marriage, Family Affairs, and Wealth Management at Longan Guangzhou. It was an honor to invite Lawyer Jillian Zhang from Owen Hodge Law Firm in Australia to share her expertise in Australian marriage law and asset protection. Lawyer Zhang is proficient in Mandarin, Cantonese, and English. It is undoubtedly appropriate for her to explain these topics. Currently, clients of Longan need more and more legal services related to overseas asset allocation, family wealth inheritance, and trusts. It is important to provide professional and personalized solutions for clients, while also understanding the local laws and avoiding potential risks. It is hoped that this event will promote better communication and discussion among lawyers within and outside the firm regarding Australian marriage law and asset protection.
Speech at the Event
Lawyer Li Dingbang
Deputy head of the Department of Marriage, Family Affairs, and Wealth Management at Longan Guangzhou
Deputy head of the Department of Marriage, Family Affairs, and Wealth Management at Longan Guangzhou delivered a speech at the event. Lawyer Li Dingbang said that the system of estate administrators and trusts in China are still new. He was very excited about Lawyer Jillian Zhang’s presentation, as it allowed him to learn from Australia’s best practices in marriage law and asset protection. This would further strengthen cooperation and communication among lawyers from different countries. Finally, he wished this event “Australian Marriage Law and Asset Protection” a successful outcome.
Special Presentation
Lawyer Jillian Zhang
Owen Hodge Law Firm in Australia
Lawyer Jillian Zhang first discussed the scope of application of Australian marriage law and the divorce process. She mentioned that in the divorce process, dissolving the marriage, property division, and child custody are separate matters. The marriage can be dissolved after one year of separation. In terms of property division, fairness is important. All properties owned by both parties can be included in the marital property pool, regardless of whether they were acquired before or after marriage. Property division is based on contributions during marriage. The longer the marriage, the more equal the contributions are. In Australian law, the court also considers factors such as income, financial resources, age, and health when determining property division. Lawyer Zhang then analyzed a case related to property division in Australia.
Regarding asset protection, Lawyer Zhang said that in Australian marriage law, property agreements can be made before or during marriage. They become effective after one party signs a separation document. However, she warned that if there is fraud, coercion, or significant changes (such as having children), the court may cancel the property agreement. In addition to property agreements, asset protection can also be achieved through written loan agreements and family trusts. Regarding family trusts, Lawyer Zhang explained the structure of Australian family trusts. When one party has absolute control over the trust (as both the supervisor and director/ shareholder of the trust company), the property in the trust can be included in the marital property.
During the interactive session, Lawyer Jillian Zhang and the guests discussed the differences in family trust structures between China and Australia, as well as the limitations of loan agreements.
This event focused on property division and asset protection in Australian marriage law. It provided an opportunity for participants to understand Australian family law better. It created a flat, face-to-face platform for communication, which helps to strengthen mutual learning and exchange between lawyers from different countries. In the future, Longan Guangzhou will continue to cooperate with more overseas law firms, not only in Australia but also in other countries, to meet the legal needs of clients around the world.