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How to get divorced in China if one party is a Hong Kong resident
Legal Subjectivity:
1. Hong Kong and Macao residents and Mainland residents litigate for divorce in the Mainland. If one party of a Hong Kong resident or a Macao resident and a Mainland resident requests divorce or one party cannot apply for divorce at the marriage registration authority, Divorce proceedings can be filed with the People's Court of the place of residence or residence of one Mainland citizen, and the People's Court will handle the matter in accordance with the relevant provisions of the Mainland Marriage Law. Both husband and wife are residents of Hong Kong or Macao. If they originally registered their marriage in the Mainland, due to special reasons, they can now apply for divorce registration in the Mainland or file for divorce in the People's Court where the original marriage registration authority is located. People's courts that accept divorce cases involving Hong Kong and Macao residents should hear the cases in accordance with my country's Marriage Law, Civil Procedure Law and relevant laws to protect the legitimate rights and interests of both parties and their children. If one of the parties involved is a Hong Kong and Macao resident and has to pay child support and other content that needs to be enforced, efforts should be made to avoid difficulties in the execution of the judgment or mediation agreement, and a one-time payment and immediate execution should be adopted as much as possible. 2. Hong Kong and Macao residents and Mainland residents register for divorce in the Mainland. If Hong Kong residents or Macao residents and Mainland residents voluntarily divorce in Mainland China, the conditions and procedures for registering divorce shall fully apply to the relevant provisions of my country’s Marriage Law and the Marriage Registration Ordinance. Only in specific cases There are certain special provisions on the procedure: 1. The agency that handles divorce registration. If a Hong Kong resident or a Macao resident and a Mainland resident voluntarily divorce in Mainland China, both men and women must go to the marriage registration authority where the Mainland residents have their permanent residence to register for divorce. The agency that handles divorce registration is the civil affairs department of the people's government of the province, autonomous region, or municipality directly under the Central Government or the agency determined by the civil affairs department of the people's government of the province, autonomous region, or municipality directly under the Central Government. 2? The certificates and supporting materials that the divorce parties should produce. Mainland residents applying for divorce registration should present the following documents and supporting materials: (1) My household registration book and ID card; (2) My marriage certificate; (3) Divorce agreement signed by both parties. Hong Kong residents and Macao residents who apply for divorce registration should present the following documents and supporting materials: (1) My valid pass and ID card; (2) My marriage certificate; (3) Divorce agreement signed by both parties *** . The divorce agreement should state the intention of both parties to divorce voluntarily and their unanimous opinions on matters such as child support, property and debt settlement. 3. If the parties applying for divorce registration have any of the following circumstances, the marriage registration authority will not accept the application: (1) No divorce agreement has been reached; (2) Persons without capacity for civil conduct or persons with limited capacity for civil conduct; (3) Their marriage registration was not handled in mainland China. 4. The marriage registration authority shall examine the certificates and supporting materials issued by the divorce registration parties and inquire about relevant information. If the parties concerned are indeed divorcing voluntarily and have reached an agreement on child support, property, debt and other issues, they shall be registered on the spot and a divorce certificate shall be issued. Legal objectivity:
1. Divorce by residents of Hong Kong, Macao and Taiwan - divorce by agreement. If a mainland resident and a Hong Kong resident, a Macao resident or a Taiwan resident voluntarily divorce in the mainland of China, both men and women must go to the mainland together. The marriage registration authority in the place where the permanent residence is registered handles the divorce registration. 1. The documents that mainland residents need to produce when divorcing residents of Hong Kong, Macao and Taiwan are: their marriage certificate, their identity card. Hong Kong residents, Macao residents, and Taiwan residents should also issue their valid passes (such as the "Mainland Travel Permit for Taiwan Residents" 》), ID card; a divorce agreement signed by both parties, stating their intention to divorce voluntarily and their unanimous opinions on matters such as child support, property and debt settlement. 2. Conditions for divorce by agreement between residents of Hong Kong, Macao and Taiwan: marriage registration must be done in mainland China; both parties must go to the marriage registration office at the same time; both parties must reach an agreement on divorce and divorce matters. If you do not meet this condition, you can only file for divorce. The specific rules are based on the divorce between Chinese citizens and foreigners. 2. Divorce of residents of Hong Kong, Macao and Taiwan - Litigation for Divorce Compatriots in Hong Kong and Macao who registered their marriage far away in the Mainland and now have a divorce lawsuit. If they request the Mainland People's Court, the People's Court of the Mainland's original marriage registration place or original household registration place can accept it. Letters of attorney and written opinions sent from Hong Kong and Macao must be certified by lawyers from relevant institutions in Hong Kong and Macao designated by my country in accordance with the 1996 "Notice of the Supreme People's Court and the Ministry of Justice on the Validity of Notarized Documents Related to Hong Kong" , can we recognize the extraordinary effectiveness.
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