If a husband and wife are separated for a long time, it may lead to emotional breakdown and irrecoverability. At this time, divorce can be done. Then, if one of the husband and wife is in a foreign country, how should the divorce be handled in the country. Below, in order to help everyone better understand the relevant legal knowledge, the editor of Hualu.com compiled the relevant content, I hope to be helpful to you.
There are two ways of divorce: agreement divorce proceedings divorce. China s marriage law provides that if a man and a woman voluntarily divorce, divorce will be granted. The parties to the marriage registration office for divorce. The marriage registration authority issues a divorce certificate when it is determined that the two parties have indeed volunteered and the child and property issues have been properly dealt with.
Marriage is related to the right of the person s identity. From the original intention of the legislation, the divorce is negotiated and the men and women who register for divorce must be present in person to determine the termination of the marriage relationship. After both men and women register for marriage in China, if one of them goes abroad and the other is still living in the country, both men and women will voluntarily divorce and reach an agreement on child support and property disposal. If the foreign party can return to China, the two parties can still go to the domestic domicile or The marriage registration management authority of the place where the person who has left the country of residence before going abroad applies for divorce registration. According to the law, if a foreign party cannot go back to the country to go through the divorce process in person, the divorce cannot be handled by agreement, but only through divorce.
From this, it can be seen that although a spouse can divorce while abroad, they cannot handle the divorce by agreement, and can only use the method of divorce to terminate the marriage relationship.
If one of the spouses cannot return to the country to go through the divorce formalities, whether the divorce is voluntary or the divorce is required by one of the spouses, it must be handled in accordance with litigation procedures. The party requesting a divorce shall , in accordance with the relevant provisions of the Civil Procedure Law of the People s Republic of China, file a divorce proceeding with a people s court with jurisdiction.
If the domestic party requests a divorce, it may directly file a lawsuit in the people s court where the domicile is located, and the foreign party may entrust a domestic lawyer to appear in court; if the foreign party requests a divorce, it may also entrust a domestic lawyer to file a lawsuit with the people s court in the domicile of the domestic party. Initiation of divorce proceedings.
In principle, both parties must be present at the divorce proceeding. However, with the increasing number of people going abroad, the number of divorce cases for people going abroad has continued to increase. In view of the fact that it is difficult and time- consuming for visa processing procedures for returning abroad, It is obviously not realistic and humane to require a party abroad to return home to go through the divorce process in person. Therefore, if a person living abroad does not return to the country to participate in the court proceedings, he may entrust relatives, friends, or lawyers in China (according to China s civil procedure law, only lawyers from the People s Republic of China may be appointed) to appear in court. A foreign party should present a power of attorney, a divorce opinion, etc., notarized by the local notary office in the country where it is located, certified by our embassy or consulate abroad, or directly notarized by our embassy or consulate abroa d. After being authorized by a notary, the lawyer has the right to respond to the court on the basis of the content of the divorce opinion, state the facts of the case, issue a proxy opinion or a defense opinion, and receive legal documents .
If one spouse is abroad while the other spouse needs to return to the country for divorce. If you are unable to return to China, you can go to court for divorce. Sooner or later, the relationship between the two sides will be problematic.