Elaborate the legal process of foreign-related divorce proceedings

In addition to Hong Kong residents, Macao residents, Taiwan residents, overseas Chinese, and foreigners who are going to register for divorce, in addition to the documents and supporting materials specified in items (2) and (3), Hong Kong residents, Macao residents, and Taiwan residents should also My valid passport, ID card, overseas Chinese and foreigners shall also issue my valid passport or other valid international travel documents.

The divorce agreement shall contain the expression of intention of the parties to voluntarily divorce, and the consensus opinions on matters such as child support, property and debt disposal.

For overseas Chinese who marry in China and settle abroad, if the court of the country of residence refuses to accept that the divorce proceedings must be under the jurisdiction of the court where the marriage was concluded, if the parties file a divorce proceeding with the people s court, the place where the marriage was concluded or the party s last residence The people s court has jurisdiction.

For overseas Chinese who marry abroad and settle abroad, if the court of the country of residence refuses to accept that the divorce proceedings must be under the jurisdiction of the court of the country of nationality, if the party files a divorce proceeding with a people s court, the party s original domicile or the last place of residence The people s court has jurisdiction.

A Chinese citizen lives in a foreign country, and one lives in the country. No matter which divorce lawsuit is filed with the people s court, the people s court where the domestic side resides has jurisdiction. If a foreign party initiates a lawsuit in a court of the country of residence, and a domestic party initiates a lawsuit in the People s Court of China, the respondent people s court shall have jurisdiction.

If both Chinese citizens are abroad but have not settled, and both parties file a lawsuit with a people s court for divorce, the plaintiff or defendant s people s court in the place of origin shall be under the jurisdiction of the people s court.

For a recipient who has the nationality of the People s Republic of China, he may entrust the embassy or consulate of the People s Republic of China in the country where the recipient is located to serve on his behalf;

Deliver to the representative office established by the recipient in the territory of the People s Republic of China, or the branch or business agent authorized to receive the delivery;

If the law of the recipient s country allows the service by mail, the service can be delivered by mail. The delivery certificate has not been returned for six months from the date of mailing, but it is sufficient to determine that the service has been delivered according to various circumstances. The period expires. Be deemed to have been served on that date;

If the defendant has no domicile in the territory of the People s Republic of China, the people s court shall serve a copy of the complaint on the defendant, and notify the defendant to file a defence within 30 days after receiving the copy of the complaint. Whether the defendant applies for an extension is up to the people s court.

(2) A party who has no domicile in the territory of the People s Republic of China and refuses to accept the judgment or ruling of the people s court of first instance shall have the right to appeal within 30 days from the date on which the judgment or ruling is served. After receiving the copy of the appeal, the appellee shall file a reply within 30 days. If the parties are unable to file an appeal or file a defence within the statutory period and apply for an extension, the people s court shall decide whether to grant it.

The people s court s trial of foreign-related civil cases is not subject to the restrictions stipulated in Article 135 and Article 159 of the Civil Procedure Law.

Article 135 of the Civil Procedure Law stipulates that cases tried by the people s court using ordinary procedures shall be concluded within six months from the date of filing. If there are special circumstances that require extension, the president of the court may approve the extension, which may be extended for another six months. If extension is needed, it shall be reported to the superior people s court for approval. Article 159 stipulates that when a people s court hears an appeal against a judgment, it shall conclude the case within three months from the date of filing the second trial. If there are special circumstances that require extension, the president of the court shall approve it.

During the trial in our country s court, the evidence provided by the parties to the people s court was formed outside our country. The evidence should be certified by the notary office of the host country, and certified by the Chinese embassy or consulate in that country, or fulfill the requirements of China and the country. The certification procedures stipulated in the relevant treaties concluded by the State. The evidence provided by the parties to the people s court was formed in Hong Kong, Macao, and Taiwan, and they should perform relevant certification procedures.

The parties shall provide the people s court with foreign documentary evidence or foreign language explanatory materials, which shall be accompanied by a Chinese translation. Chinese here means Simplified Chinese.

The regulations on the administration of marriage registration stipulate that when a marriage is registered, a divorce holder should also hold a divorce certificate, which requires the validity of the divorce judgment made by a foreign court. The Supreme People s Court s Regulations on People s Courts Application for Recognition of Relevant Issues in Divorce Judgments by Foreign Courts made the following provisions:

1. Chinese citizens apply to the people s court for recognition of divorce judgments in foreign courts, and the people s courts should not refuse to accept the divorce judgments because they have not concluded a marriage relationship in the country; Chinese citizens who apply for recognition of divorce judgments made by foreign courts in their absence should also submit to the people The court submitted the relevant supporting documents for the judgment issued by the foreign court.

2. A foreign citizen applies to the people s court for recognition of a divorce judgment of a foreign court. If the original spouse of the divorce is a Chinese citizen, the people s court shall accept it; if the original spouse of the divorce is a foreign citizen, the people s court will not accept it, but may Inform them to apply directly to the marriage registration authority for remarriage registration.

3. If a party applies to a people s court for recognition of the effectiveness of a foreign court s divorce mediation letter, the people s court shall accept it and review it in accordance with the Provisions on the Application of Chinese Citizens for the Recognition of Foreign Courts Divorce Judgment Procedures to make a decision on recognition or non-recognition..

(2) Divorce proceedings accepted in the People s Court of China are applicable to Chinese law, and the issues concerning the upbringing of women and the division of property are basically the same as the general divorce cases mentioned above.

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