First, if one party is a Chinese citizen and the other party is a foreign citizen, the matter of marriage registration within the territory of China shall be handled.
(I) Both parties can reach an agreed solution:
1. If one foreign party is able to return to China, both parties shall go through the divorce registration formalities with the relevant foreign marriage administration organ.
2. If the foreign party is unable to return to China, the domestic party shall file a divorce lawsuit in the people’s Court of the place where it has its domicile. The steps are the same as above.
(2) Where the two parties are unable to reach an agreement on divorce.
1. The domestic party submits the marriage certificate, notarial certificate, plaintiff’s identity card, defendant’s identity materials (passport, declaration form filled in during marriage registration, etc.) to the court for divorce proceedings.
2. After the court has examined and filed a case, it shall serve a notice of response to the lawsuit and hold a court session on a day to be chosen, the steps are the same as above.
When signing the court’s judgment, the agent shall pay attention to carefully check the name of the foreign party and the spelling of the court’s documents. If there is any mistake, it will be very troublesome to correct it.
Second, if both parties are of Chinese nationality and are registered for marriage at home, but one party is unable to return home abroad.
According to the law of our country, if one party can’t go back to China to go through the divorce registration procedures, even if the parties can reach an agreement on the divorce, they can’t go through the civil affairs department to go through the registration procedures, only through the court to solve the marriage relationship. Solution:
(I) Both parties can reach an agreed solution:
1. A foreign party shall entrust a domestic friend or lawyer as its agent ad litem. It is necessary to fill in a fixed form of power of attorney and divorce opinion, which shall be authenticated by Chinese embassies and consulates abroad. There are different embassies and consulates in different countries, but the cost is relatively low. For example, the cost of Consulate in Japan is about 3000 yen, and that of our consulate in New York is about 20 dollars.
2. At the same time, one of the domestic parties shall file a civil lawsuit to the people’s court where it is located, and it is better to state the fact that the divorce issue has basically been agreed upon in the petition, so as to get the court to hold a court session as soon as possible and solve the case quickly and quickly.
3. After the court selects a day to hold a court session, the plaintiff, his agent and the defendant’s agent reach a conciliation statement (judgment) on the divorce issue, which generally takes effect on the same day and can receive the effective legal documents one week later.
(II) Both parties fail to reach an agreed solution:
1. One party in China filed a divorce lawsuit with the people’s court. Submit marriage certificate, plaintiff’s ID card, defendant’s address abroad (passport), and other relevant evidence.
2. After the court reviews and files a case, it will generally ask whether the plaintiff can reach an agreement with the defendant. If not, or the defendant has no information, the court will transfer the litigation documents to the Ministry of foreign affairs at the first level,
By diplomatic means. Therefore, two situations may occur:
First, after receiving the court summons, the defendant makes a reply, and the court will hold a court session on a day to decide whether to leave or not;
Second: three months after sending out the summons, the defendant still has no information, and the general court will go public again
Seven months later, in default. It should be noted that if the judgment is made by default, the court generally only makes a decision on personal relationship, while the court generally does not deal with the part of property.
Third, the two parties are foreign citizens, the marriage registration place is abroad, and now one party has residence in China.
Due to the different understanding of the case handlers in the court of each district, there may be some problems in the establishment of such cases. Even in different courts, the handling methods are different. The general practice of the court is that if a mediation agreement can be reached, the court generally accepts it and makes a mediation statement. However, for those who cannot reach a mediation agreement, different courts have different understandings.
Fourth, if one party is a Chinese citizen and one party is a foreign citizen, it shall register for marriage or divorce abroad.
1. First of all, the marriage registration certificate issued by foreign countries shall be notarized in the country where it is located, then it shall be authenticated by the embassy or consulate of China in that country, and then it shall be filed in China. If both parties are in China, or although the foreign party is in the host country, but do not cooperate, one of the difficulties in solving this case is the notarization and certification. For marriage registration certificates from Hong Kong, Taiwan and Macao, relevant notarization and certification procedures shall also be performed. Taking Hong Kong as an example, the marriage registration certificate can be effectively used in Chinese courts only after it is verified by a Hong Kong Notary lawyer entrusted by the Ministry of justice, issued with a wax sealed notarial document, and added with the forwarding seal of the Hong Kong service company of Chinese law.
2. Notarize and certify the marriage registration certificate, and then submit it together with other litigation materials to the court, causing the filing procedure. If both parties agree to divorce, it can be concluded within one month; if one party disagrees, or one party has no information, the litigation period can be as long as one and a half years.