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How do couples immigrants handle divorce?
Introduction: Song XX and Zhang XX got married in China on 1994, and went through immigration formalities in 2002 to obtain Australian citizenship. Although they have acquired foreign nationality, they still live in China most of the time. In 20 1 1 year, Song XX met Liu, an extramarital heterosexual, and fell in love with Zhang XX at first sight. After many negotiations, Zhang XX resolutely disagreed with the divorce, and Song XX had no choice but to dissolve the marriage relationship with Zhang XX through litigation. However, in view of the identity of both parties, Song XX is unwilling to handle divorce in domestic courts and file divorce proceedings in Australian courts. Song XX consulted Guo Hui's lawyer. After the Australian court decides to divorce, can he apply to the domestic court for recognition of the validity of the Australian court decision? The focus of the case: the effect of foreign-related divorce judgment in China. Lawyer's analysis: Lawyer Guo Hui replied: The rulings of foreign courts cannot take effect naturally in China. If a legally effective judgment or ruling made by a foreign court needs to be recognized and enforced by the China People's Court, the parties concerned may directly apply to the China Intermediate People's Court and the court with state jurisdiction for recognition and enforcement, or the foreign court may apply for recognition and enforcement in accordance with the provisions of international treaties concluded or acceded to by the country and People's Republic of China (PRC), or on the principle of reciprocity. However, in this case, because China does not recognize dual nationality, Song XX and Zhang XX lost their China citizenship after acquiring Australian citizenship. Song XX, as a foreign citizen, applied to our hospital to recognize the validity of the foreign-related divorce judgment, and his original match was also a foreign citizen, so our hospital refused to accept it. Moreover, for the judgments of foreign courts, the China People's Court can only confirm the judgments of both parties to dissolve the marriage relationship. The judgments on the division of husband and wife's property, the burden of living expenses and the upbringing of children should not be within the scope of application, and the people's court will not recognize them. As most of the property of Song XX and Zhang XX is in China, we suggest that Song XX bring a lawsuit to the court in China.
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