Divorce lawyers in Haidian District, Beijing: What are the rules for the jurisdiction of a foreign-related divorce court?
Guide: For couples involved in foreign marriages, there is a big disagreement between the two parties and there is no way to communicate. The only solution is divorce. And foreign-related divorce is a more complicated divorce case, which involves the public order of the country and the vital interests of its citizens. Countries around the world often rely on the residence, domicile and nationality of the parties as the basis for foreign-related divorce jurisdiction. Specific foreign-related divorce courts have jurisdiction over What are the rules? Next, Beijing foreign-related divorce lawyers will introduce the content information
For couples involved in foreign marriages, there is a big disagreement between the two parties and there is no way to communicate. The only solution is divorce. And foreign-related divorce is a more complicated divorce case, which involves the public order of the country and the vital interests of the citizens of the country. Countries around the world often use the residence, domicile, and nationality of the parties as the basis for foreign-related divorce jurisdiction. It is different from domestic divorce requirements, so what are the specific rules for foreign-related divorce courts? Next, a foreign-related divorce lawyer in Beijing will introduce the content information to you. Some of the content is new from the Internet for reference.
1. Chinese citizens and foreigners who request a divorce in China shall file a lawsuit in a people's court with jurisdiction in accordance with the relevant provisions of China's Civil Procedure Law.
2. If a Chinese citizen or foreigner requests a divorce outside of China, the decision of the local court on whether to accept the divorce shall be determined by the court in accordance with its domestic law.
3. If a Chinese citizen lives in a foreign country and one lives in the country, the people's court where the domestic side of the country has jurisdiction shall have jurisdiction over the divorce proceedings brought by the people's court in China. If a foreign party brings a lawsuit in a court of the country of residence and a domestic lawsuit brings a lawsuit to a people's court, our national court has the right to accept it. If both parties are foreigners, if one party files a lawsuit with a people's court against divorce, they should file a lawsuit with the people's court in the place of residence of the party before leaving the country.
4. 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 lawsuit with our national court, the place where the marriage was concluded or one of the parties is Accepted by the people's court of the last place of residence.
5. If both citizens are abroad but have not settled, and the divorce is filed in a people's court, the plaintiff or the people's court in the place where the defendant resides shall be under the jurisdiction of the people's court.
6. For overseas Chinese who marry and settle overseas, if the court of the country of residence does not accept that the divorce proceeding must be under the jurisdiction of the court of the country of nationality, if the party files a divorce proceeding with the people's court, the party's original domicile or the last residence in the country Local people's court.
According to Chinese law, the divorce between a Chinese citizen and a foreigner is governed by the law of the court where the case is received. According to this provision, Chinese citizens and foreigners applying for divorce in China shall be handled in accordance with the provisions of our Marriage Law; divorce cases of Chinese citizens and foreigners accepted by foreign courts shall be handled in accordance with foreign laws and regulations.
A party abroad can entrust a lawyer to handle divorce without returning. One or both parties in a divorce case may entrust a lawyer to handle the divorce case without returning to China. However, the parties must present a power of attorney and opinion to the court. The power of attorney and opinion must be notarized by the local notary office, certified by our embassy or consulate abroad, or directly by our embassy or consulate abroad.) The submissions include written opinions of consent to divorce or disapproval of divorce. If a divorce or consent of divorce is required, a notarized written opinion on the division of related property and child support shall be issued.
For litigation documents sent by parties not residing in China, the Chinese embassy or consulate in that country may be entrusted to serve on their behalf, foreign courts may be entrusted to do so on their behalf, or they may be served through diplomatic channels (see Extraterritorial Delivery). Can also be delivered by mail. The divorce proceeding takes effect when the judgment is received.
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