​The Procedure Needed For Divorcing In a Foreign Marriage

Home » ​The Procedure Needed For Divorcing In a Foreign Marriage

I. What is foreign marriage?

Foreign marriage refers to a marriage in which one of the parties to the marriage is of foreign nationality.

In life, there are many foreign marriages. Foreign marriages are different from ordinary marriages, they involve foreigners. The marriage of Chinese citizens and foreigners shall be governed by the law of the place where the marriage is concluded, and the law of the place where the court accepting the case is located shall be applied for divorce, the divorce agreement signed by both parties shall be registered for divorce, when applying for the divorce by agreement, both parties shall jointly go to the marriage registration office of the Municipal Civil Affairs Bureau to handle the formalities, even if they entrust a lawyer to act for them, they shall also handle the formalities in person; both parties shall fill in “Declaration of application for divorce registration”, and sign in person or press the fingerprint. What is the divorce procedure for foreign marriage and what materials should be submitted?

2. What is the divorce procedure of foreign marriage?

The basic process of foreign divorce prosecution is to write a foreign divorce indictment according to your own situation, find a court with jurisdiction to deliver the foreign divorce indictment, and submit evidence, certificates and supporting materials, which also includes entrusting a lawyer.

The process that the court should go through generally includes: case filing and acceptance – document service, defense period – court mediation – trial in the first instance (summary procedure, ordinary procedure) – appeal in the first instance and trial in the second instance. This process does not include withdrawal, default judgment and other situations, which need to be analyzed on a case by case basis.

3. What materials should be submitted for divorce?

1. The following documents are required for divorce of foreign marriage:

1) Marriage certificate;

2) The divorce agreement signed by both parties;

3)  ID card;

4) Hong Kong residents, Macao residents and Taiwan residents shall issue their own valid passes;

5) Overseas Chinese and foreigners shall issue their own valid passports.

2. Divorce procedures for foreign marriage in China:

If both Chinese citizens and foreigners want divorce in China, they shall file a divorce lawsuit with the people’s court with jurisdiction in accordance with the relevant provisions of the Civil Procedure Law of the people’s Republic of China.

Overseas Chinese, compatriots from Hong Kong, Macao and Taiwan, as well as persons going abroad and Chinese citizens who voluntarily divorce and have properly handled their children’s upbringing and property, may jointly apply for divorce registration at the local foreign marriage registration office.

If one party requests divorce or one party fails to apply for divorce at the marriage registration authority, it may directly file a divorce lawsuit with the people’s Court of the place where one party’s household registration is located in China (mainland).

3. What materials should be submitted for divorce?

1. The following documents are required for divorce of foreign marriage:

1) Marriage certificate;

2) The divorce agreement signed by both parties;

3)  ID card;

4) Hong Kong residents, Macao residents and Taiwan residents shall issue their own valid passes;

5) Overseas Chinese and foreigners shall issue their own valid passports.

2. Divorce procedures for foreign marriage in China:

If both Chinese citizens and foreigners want divorce in China, they shall file a divorce lawsuit with the people’s court with jurisdiction in accordance with the relevant provisions of the Civil Procedure Law of the people’s Republic of China.

Overseas Chinese, compatriots from Hong Kong, Macao and Taiwan, as well as persons going abroad and Chinese citizens who voluntarily divorce and have properly handled their children’s upbringing and property, may jointly apply for divorce registration at the local foreign marriage registration office.

If one party requests divorce or one party fails to apply for divorce at the marriage registration authority, it may directly file a divorce lawsuit with the people’s Court of the place where one party’s household registration is located in China (mainland).

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