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How to divorce with your Chinese spousal as foreigner in our China?

author:James Ling Released in:2016/1/14 14:05:57 Click quantity:

Divorce in china is divided into two kinds, that is, the agreement of divorce if your couples consent or initiating divorce proceedings if you with your couple against amicable consent.

(I) divorce agreement

if Chinese citizens and foreigners are willing to resort consensus divorce in the mainland China, both couples  should  in person go to   the local marriage registration office where your Chinese wife/ husband  resides for requesting admission of  divorce registration.

In accordance with the provisions of the regulations on the administration of marriage registration, the parties concerned shall issue the following documents and certificates for the divorce concerning foreign affairs:

The materials and documents furnished by your Chinese wife/ husband

1. Domicile booklet with ID card;

2.  Original marriage certificate hold by she/him;

3 the divorce agreement signed by both parties.

 

The materials and documents furnished by you if you are Hongkonger, resident ofTaiwan, Macao citizen, overseas Chinese, foreigner

1. Original marriage certificate hold by you;

2 the divorce agreement signed by both parties ;( attention: the divorce agreement concluded you should entrust a Chinese lawyer to draft or exam it before presenting to official civil department for protecting your interest including custody right, property division and spousal supporting)

3 your valid ID card with passport as foreigner or valid passbook of Hong  Kong,Taiwan, Macao residents.

It is worth noting that the parties enter into foreign-related divorce agreement must have full capacity for civil conduct, one party or both parties with limited capacity for civil action or no capacity for civil conduct is not applicable to  foreign-related divorce agreement, but should only proceed divorce proceedings in our people’s court which has jurisdiction .

 

(II )divorce proceedings

If you can not reach agreement with your Chinese wife/ husband for existing huge disputes on the alimony payments, custody right to children, property division, You can  only file petition with  the  people’ s  court  which has jurisdiction power to accept and trial of your divorce case. In this regards, you might engage a bilingual lawyer who is professional at this field of family and marriage law of PRC with having good language ability to understand your meaning and convey your complaining to our judge for fighting for your rights and interest.

 

 

The material needed to provide and submit to our court by you in the divorce lawsuit.

 

(1) Your identity documents, such as passport and marriage certificate which are needed to apply for legalization and certification in your state by notarization and authentication;

 (2) the special power of the attorney you authorized to our lawyer, also needed by through  notarization and certification procedures in your  country;

 (3) if you are one party as plaintiff to file a divorce lawsuit against your wife/husband with the people’s court,  the petition should be notarized and referred to our Chinese embassy or consulate in your state for authentication before entrusting our Chinese lawyer .  If you are the counterpart as a defendant, relaying your opinions and attitudes on the divorce defense, child custody, division of property, ect ., as a statement which should be notarized and authenticated , and as same time to be translated into chinese before referred to the court.

The above is about the Chinese and foreigners in our country how to divorce, which conditions and materials related to the introduction. In fact, this kind of problemes are relatively trivial, but As foreigner, it is very detailed and cumbersome problem when facing the divorce in china that you might consider engage  a professional lawyer to deal with under the situation you lack of knowledge of China’s family and marriage law , and Chinese legal language for save time and effort.

 

the advantage divorce in our china as for legal support 

I acknowledge the divorce procedures in western countries are very complicated , especially very disadvantage and unfavorable to man who bread the family. You will be burden support fee to your wife if she lacks of job, and your property including bank account must be honestly presented in court and divided with your wife. Your custody right to kids  can not be sure to get supported by western  judge too if he/she is in the maternity period.  


In our China, divorce will be granted only if prove that mutual affection no longer exists. As for custody right to child, Chinese judge will make judgment in accordance with the rights and interests of your kids and actual condition of your couples. If you are the only person in this family  to provide economic resources, our Chinese judge will definitely favorite to you side about custody right dispute. Although your wife doesn't have a job now, you also do not have a very strong duty to support her livehood after divorce, in our Chinese court, It's very flexible and favorable to your property and custody right  if you choose to divorce in mainland China .China is a developing country till now, and our legal system , especially in the marriage and family law field, is not stringent like western  countries. You won't burden big risk to loss your huge real estate and property after rendering permission of divorce by our judge only if you find a sophisticated lawyer in here. 



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Email: linghuiming@yingkelawyer.com     Copyright  reserved by James Ling
Email: linghuiming@yingkelawyer.com     Copyright  reserved by James Ling