Where are the foreign-related divorce procedures handled and what are the specific requirements for signing a divorce agreement?
Guide: For foreign-related divorce personnel, handling foreign-related divorce procedures is a matter of concern to everyone. So, where do foreign-related divorce procedures go? What should be paid attention to when signing a divorce agreement? Specific content information is provided by Beijing divorce lawyers To introduce for reference
For foreign-related divorces, handling foreign-related divorce procedures is a matter of concern to everyone. So, where do foreign-related divorce procedures go? What should be paid attention to when signing a divorce agreement? Specific content information will be introduced by Beijing divorce lawyers For reference.
I. Procedures for Foreign-related Divorce
1. Overseas Chinese who settle in a foreign country will handle the divorce in the court of the country of residence; the country of residence will not accept the divorce, and the divorce will be processed in the people's court where the marriage was concluded or where one party's last residence is in the country.
2. Overseas Chinese who settle in a foreign country shall handle divorce in the court of the country of residence; the country of residence will not accept the divorce, and the divorce shall be handled in the court of the country of the original residence of the party or the country of last residence.
3. Chinese citizens live at home and abroad, and the domestic courts have jurisdiction. Both parties can file a case in the court where the domestic domicile is located.
4. Both Chinese citizens may choose to handle divorce proceedings in the people's court where the plaintiff or defendant is located, but have not settled abroad.
5. Divorce between a foreigner and a Chinese, a foreigner who filed a divorce and filed a divorce lawsuit in the court where the Chinese citizen's residence is registered; a Chinese who filed a divorce, and a divorce lawsuit in the court where the registered residence is located.
6. The recognition of foreign court judgments in China shall be handled in accordance with the international treaties to which the parties have joined; if there is no international treaty or reciprocal relationship, divorce procedures shall be handled by filing a lawsuit with an intermediate people's court with jurisdiction.
Requirements for signing a divorce agreement
1. The content of the agreement must not violate the provisions of the law. If the two parties divorce, it is stipulated that the other party must not remarry or divorce, which is the so-called divorce and no divorce. This clause violates the provisions of the Marriage Law and interferes with the other party's freedom of marriage. It is invalid.
2. Do not harm the interests of others, including the children. If there is an agreement in which child support is used as a bargaining chip, it is agreed to renounce the right of visit without paying child support. This clause should be considered invalid because it harms the interests of the minor child.
3. There must be no other clauses that violate public order and good customs.
4. Both parties must volunteer. Agreements such as the division of property in agreements signed by involuntary use of intimidation or coercion are invalid. For example, if a certain part of the property agreement is not signed, the other party or relatives of the other party will be killed, and the forced party will be helpless to sign the part.
5. It should be signed by both parties in person and not by others.
6. The agreement should be performed. The agreement has the nature of a civil contract. If one party fails to perform, the other party can sue to the people's court and request that it be performed. If the court does not approve the agreement, the other party may apply to the court for enforcement.
7. No other conditions and deadlines can be attached to this status act of divorce.
The above is what the Beijing divorce lawyer has arranged for you. Where are the foreign-related divorce procedures handled and what are the specific requirements for signing a divorce agreement? I hope this content information will help you. Questions, you can consult free online professional divorce lawyers in Beijing Divorce Lawyer Network to answer your one-on-one free!
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