If You Are a Foreigner and Marry a Chinese Citizen Then Things Do Not Go Well, How to Divorce Him/Her?
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In recent years there are so many foreigners marry with Chinese citizens. For the reasons of culture shock, living habit, or personality clash, some couples' relationship go break, they have to divorce. For foreigners there are some specials rules to comply for, then a professional lawyer is suggested.
1. Negotiation
If your marriage registered in China, then you can go to the same registry bureau applying for divorce, ONLY if you have reached agreement on divorce, property severance, and child support.
This way is fastest and you do not have to waste your time.
2. Litigation
If negotiation does not go well, then you have to file divorce petition to court. Then the first question arises, which court have the jurisdiction over your case? According to the law of civil procedure in PRC, the general rule to determine the court is respondent’s domicile, in China it means where the “Hukou” of the respondent is located. If the respondent left the place where his/her Hukou is, the court at residence place where he/she is staying for more than one year will be in charge of your case.
After you ascertain the court, you file your case there. If you are in China at the time, you have to go court yourself with petition papers and your passport at least to register your case. If you are not in China, you have to notary and certify the documents like petitions papers, power of attorney, formal opinions on divorce from your side. NOTE that the certification work will be done by China embassy in the country you are living in. So you are suggested to contact the embassy and make sure the procedure.
Around one month after the case has been accepted by court, there will be a court session or hearing. Then substantial trial will be held. The judge will find out the fact that whether your relationship have been broken thoroughly and can not be restored, then how many joint property you have, and who will protect your child’s interest at utmost if she or he is granted custody. Sometimes one session is not enough, there may be two or there.
After both parties have presented all evidences and rest all your cases, then the judge will make a ruling. The first instance usually lasts three months.
If the judge rejects divorce petition, the petitioner can not file again in six months since she or he get the ruling. On the contrary, the respondent is not restricted by the time limitation.
Usually the court of first instance is conservative to grant the divorce, so you may file two even three times to get the divorce.
ABOUT THE AUTHOR: Attorney Michael Hao
Yingke is a full-service, international law firm, with its headquarters located in Beijing. Founded in 2001, Yingke Law Firm has already established a reputation in the Chinese legal services market. With more than 2000 lawyers, we are now one of the largest law firms in Asia and our aim is to forge a leading Chinese firm on a global scale, echoing China's economic reform and social development.
Copyright Yingke Law Firm
More information about Yingke Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
If your marriage registered in China, then you can go to the same registry bureau applying for divorce, ONLY if you have reached agreement on divorce, property severance, and child support.
This way is fastest and you do not have to waste your time.
2. Litigation
If negotiation does not go well, then you have to file divorce petition to court. Then the first question arises, which court have the jurisdiction over your case? According to the law of civil procedure in PRC, the general rule to determine the court is respondent’s domicile, in China it means where the “Hukou” of the respondent is located. If the respondent left the place where his/her Hukou is, the court at residence place where he/she is staying for more than one year will be in charge of your case.
After you ascertain the court, you file your case there. If you are in China at the time, you have to go court yourself with petition papers and your passport at least to register your case. If you are not in China, you have to notary and certify the documents like petitions papers, power of attorney, formal opinions on divorce from your side. NOTE that the certification work will be done by China embassy in the country you are living in. So you are suggested to contact the embassy and make sure the procedure.
Around one month after the case has been accepted by court, there will be a court session or hearing. Then substantial trial will be held. The judge will find out the fact that whether your relationship have been broken thoroughly and can not be restored, then how many joint property you have, and who will protect your child’s interest at utmost if she or he is granted custody. Sometimes one session is not enough, there may be two or there.
After both parties have presented all evidences and rest all your cases, then the judge will make a ruling. The first instance usually lasts three months.
If the judge rejects divorce petition, the petitioner can not file again in six months since she or he get the ruling. On the contrary, the respondent is not restricted by the time limitation.
Usually the court of first instance is conservative to grant the divorce, so you may file two even three times to get the divorce.
ABOUT THE AUTHOR: Attorney Michael Hao
Yingke is a full-service, international law firm, with its headquarters located in Beijing. Founded in 2001, Yingke Law Firm has already established a reputation in the Chinese legal services market. With more than 2000 lawyers, we are now one of the largest law firms in Asia and our aim is to forge a leading Chinese firm on a global scale, echoing China's economic reform and social development.
Copyright Yingke Law Firm
More information about Yingke Law Firm
View all articles published by Yingke Law Firm
Disclaimer: While every effort has been made to ensure the accuracy of this publication, it is not intended to provide legal advice as individual situations will differ and should be discussed with an expert and/or lawyer. For specific technical or legal advice on the information provided and related topics, please contact the author.
