According to the international treaties concluded or acceded to by our country, or according to the principle of reciprocity, we can request the local court of a foreign country to investigate the property status of the foreign parties on behalf of them. With China’s accession to the WTO, the Mutual Entrustment of judicial assistance with foreign courts is not only more operational, but also more frequent in the future. In the case of identifying property, the division of property in such divorce cases is also different from that in ordinary divorce cases. The judge shall take into account the actual situation of the separation of the two parties at home and abroad, divide them reasonably according to the needs of their own lives and work, and the property managed and used by each party shall be owned by each party. For the difference between the two parties, the party with more property shall compensate the other party. In the treatment of the real estate such as the husband and wife’s common house, it should generally be owned by a party in the host country.
According to the provisions of the Civil Procedure Law of China and the opinions of the Supreme People’s Court on Several Issues concerning the application of the Civil Procedure Law of the people’s Republic of China, etc;
Now, the principles of jurisdiction of divorce proceedings concerning foreign affairs in China are summarized as follows:
1. If Chinese citizens and foreigners want to divorce in China, they shall file a lawsuit with the people’s court with jurisdiction in accordance with the relevant provisions of the Civil Procedure Law of China.
2. If Chinese citizens and foreigners ask for divorce outside China, the local court shall decide whether to accept it or not in accordance with its domestic law.
3. The people’s court in the place where one of the Chinese citizens lives has jurisdiction over the divorce proceedings brought by either party to the people’s Court of our country. If a foreign party brings a suit in a court of the country of residence and a domestic party brings a suit in a people’s court, the national court of China has the right to accept the suit. If both parties are persons going abroad and one party files a lawsuit for divorce with the people’s court, the party shall file a lawsuit with the people’s court in the place where the party has its domicile before going abroad.
4. For overseas Chinese married in China and settled abroad, if the court of the country of residence refuses to accept the divorce proceedings on the ground that they must be under the jurisdiction of the court of the place where the marriage is concluded, and the litigant files the divorce proceedings to our national court, the people’s court of the place where the marriage is concluded or the last residence of one party in China shall accept them.
5. If both citizens are abroad but have not settled down, and one party files a lawsuit for divorce with the people’s court, it shall be under the jurisdiction of the people’s court in the place where the plaintiff or the defendant is domiciled.
6. If the court of the country where the overseas Chinese marry and settle down refuses to accept the divorce proceedings on the grounds that the court of the country where the nationality belongs, and the party files the divorce proceedings with the people’s court, the people’s Court of the place where the party originally has his domicile or the last place of residence in the country shall accept the divorce proceedings. On the application of law in divorce. Article 147 of the general principles of civil law of China stipulates that the law of the place where the court accepting the case is located shall apply to the divorce between Chinese citizens and foreigners. According to this provision, Chinese citizens and foreigners who apply for divorce in China shall be handled in accordance with the provisions of the marriage law of China; divorce cases of Chinese citizens and foreigners accepted by foreign courts shall be handled in accordance with the provisions of foreign laws.
A party who is abroad may entrust a lawyer with divorce without returning home. One or both parties in a divorce case may entrust a lawyer to handle the divorce case on behalf of them without returning home. However, the party concerned must issue a power of attorney and opinion to the court. The power of attorney and opinion must be notarized by the local notary office, authenticated by our embassy or consulate abroad, or directly notarized by our embassy or consulate abroad). The opinions include written opinions on agreeing or disagreeing with the divorce. If the divorce is required or agreed, the notarized written opinions on the division of the relevant property and the support of the children shall be provided.
For the litigant documents delivered by the parties who are not resident in China, the Chinese embassy or consulate in the country may be entrusted to serve on their behalf, the foreign court may be entrusted to serve on their behalf in accordance with the agreement, or they may be served through diplomatic channels (see service outside the country). It can also be delivered by post.
Divorce proceedings come into force when the judgment is received. That is to say, if he does not receive the judgment, it will not come into force. Of course, he will not be divorced, nor will he be able to get married.