How to get a divorce if both husband and wife have a Chinese marriage certificate and are abroad?

1. For cross-border voluntary divorce, you can apply for divorce at the marriage registration office where mainland residents have their permanent residence;

2. Required documents: personal household registration booklet, ID card, marriage certificate, divorce agreement , passport or travel document.

3. If there is no divorce agreement, it cannot be handled unless it is handled in China.

4. If one party does not agree to the divorce, he or she can entrust a lawyer to file for divorce in China. Notarization and entrustment procedures are required.

1. How to Divorce a Transnational Marriage If a foreign-related divorce is tried by a Chinese court, the trial procedures are similar to those of ordinary cases. Here we will only introduce the differences.

1. Divorce by Agreement The "Marriage Registration Regulations" stipulate that mainland residents who apply for divorce registration should produce the following certificates and supporting materials:

(1) My household registration book and ID card;< /p>

(2) My marriage certificate;

(3) Divorce agreement signed by both parties. Hong Kong residents, Macao residents, Taiwan residents, overseas Chinese, and foreigners who apply for divorce registration must provide the certificates and certificates specified in Items

(2) and

(3) In addition to the required documents, Hong Kong residents, Macao residents, and Taiwan residents should also present their valid passes and ID cards. Overseas Chinese and foreigners should also present their valid passports or other valid international travel documents. 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.

2. Court jurisdiction. For overseas Chinese who are married in China and have settled abroad, if the court in the country of settlement refuses to accept the divorce proceedings on the grounds that the divorce proceedings must be under the jurisdiction of the court at the place where the marriage was concluded, and the parties file divorce proceedings in the people's court, the court shall file the divorce proceedings at the place where the marriage was concluded or the last place of residence of one party in the country. The People's Court has jurisdiction. For overseas Chinese who are married and settled abroad, if the court of the country of residence refuses to accept the divorce proceedings on the grounds that the divorce proceedings must be under the jurisdiction of the courts of the country of nationality, and the parties file divorce proceedings in the people's court, the party's original domicile or last place of residence in the country The People's Court has jurisdiction. If one Chinese citizen lives abroad and the other party lives in China, no matter which party files a divorce lawsuit in the people's court, the people's court in the place where the domestic party is domiciled has the jurisdiction. If a foreign party files a lawsuit in the court of the country of residence and the domestic party files a lawsuit in the People's Court of my country, the People's Court subject to the lawsuit has jurisdiction. If both Chinese citizens are abroad but have not settled down, and one party files a lawsuit for divorce in the People's Court, the People's Court at the original place of residence of the plaintiff or defendant shall have jurisdiction.

3. Delivery. The People's Court may use the following methods to serve litigants who do not have domicile within the territory of the People's Republic of China and the People's Republic of China:

(1) According to the relationship between the country where the recipient is located and the People's Republic of China Service in the manner stipulated in international treaties concluded by the United States or a party to which Japan is a party;

(2) Service through diplomatic channels;

(3) Service to persons with Chinese characteristics The recipient of the nationality of ** and the People's Republic of China may entrust the embassy and consulate of the People's Republic of China in the country where the recipient is located to make the service on his behalf;

(4) To the recipient Service shall be made to the authorized litigation agent authorized to accept service on his behalf;

(5) To the representative office established by the person to be served within the territory of the People’s Republic of China or the party entitled to accept service; The branch office or business agent of the recipient shall be served;

(6) If the law of the country where the recipient is located allows service by mail, the service may be made by mail. After six months from the date of mailing, If the delivery receipt is not returned, but various circumstances are sufficient to determine that it has been delivered, it will be deemed delivered on the expiration date of the period; (7) If it cannot be delivered by the above method, it will be delivered by announcement. It shall be deemed to have been served six months from the date of announcement.

4. Period.

Legal basis:

During the hearing of foreign-related civil cases by the People’s Court, the provisions of Articles 135 and 159 of the Civil Procedure Law restrictions. Article 135 of the Civil Procedure Law stipulates that cases tried by the People's Court applying ordinary procedures shall be concluded within six months from the date of filing the case. If there are special circumstances that require an extension, it can be extended for six months with the approval of the president of the court; if an extension is still needed, it must be submitted to the superior people's court for approval. Article 159 stipulates that the people's court hearing an appeal case against a judgment shall conclude the case within three months from the date of filing of the second instance case. If there are special circumstances that require an extension, it shall be approved by the president of the hospital.

5. Evidence. During a trial in a Chinese court, if the evidence provided by the parties to the people's court was formed outside the territory of our country, the evidence must be certified by the notary authority of the country where it is located and authenticated by the Chinese embassy or consulate in that country, or the evidence must be fulfilled between our country and that country. certification procedures stipulated in the relevant treaties concluded by the country. The evidence provided by the parties to the people's court was formed in Hong Kong, Macao, and Taiwan, and relevant certification procedures must be performed.

2. Which court shall govern foreign-related marriages and divorces?

1. my country’s general principle that foreign-related divorce cases should be governed by “the plaintiff shall be the defendant”: my country’s Civil Article 22 of the Procedural Law of the People's Republic of China stipulates that civil lawsuits filed against citizens shall be under the jurisdiction of the People's Court of the place where the defendant is domiciled; if the defendant's place of domicile is inconsistent with the place of habitual residence, the People's Court of the place of habitual residence shall have jurisdiction.

2. my country’s special principles

(1) Article 23 of my country’s Civil Procedure Law stipulates that the following civil actions shall be under the jurisdiction of the People’s Court of the place where the plaintiff is domiciled; the place where the plaintiff is domiciled is the same as If the place of habitual residence is inconsistent, the people's court of the place of habitual residence of the plaintiff shall have jurisdiction: first, lawsuits related to identity relationships filed against persons who do not live within the territory of the People's Republic of China;

(2) Article 13 of the Opinions of the Supreme People's Court on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China: For overseas Chinese who are married in China and have settled abroad, if the court of the country of settlement refuses to do so on the grounds that divorce proceedings must be under the jurisdiction of the court where the marriage was concluded, If the divorce lawsuit is accepted and the parties concerned file a divorce lawsuit with the People's Court, the People's Court at the place where the marriage was concluded or the last place of residence of one party in the country shall have jurisdiction.

(3) Opinions 14 of the Supreme People's Court on Several Issues concerning the Application of the "Civil Procedure Law of the People's Republic of China": For overseas Chinese who are married and settled abroad, if the courts of the country of settlement require divorce proceedings The case will not be accepted on the grounds that it must be under the jurisdiction of the court of the country of nationality. If the parties file a divorce lawsuit to the People's Court, the People's Court of one party's original domicile or the last place of residence in the country shall have jurisdiction.

(4) Opinions 15 of the Supreme People's Court on Several Issues concerning the Application of the "Civil Procedure Law of the People's Republic of China": One Chinese citizen lives abroad and the other lives in the country, regardless of which direction When a people's court initiates a divorce lawsuit, the people's court in the country where one party is domiciled has the jurisdiction. If a foreign party files a lawsuit in the court of the country of residence and the domestic party files a lawsuit in the People's Court, the People's Court subject to the lawsuit shall have jurisdiction.

(5) Opinions 16 of the Supreme People's Court on Several Issues concerning the Application of the "Civil Procedure Law of the People's Republic of China": If both Chinese citizens are abroad but have not settled, one party files a divorce lawsuit with the People's Court , shall be under the jurisdiction of the People's Court of the original place of residence of the plaintiff or defendant.

3. What should be paid attention to when concluding a transnational marriage? Usually when people from two different countries register their marriage, we call the marriage between them a transnational marriage. The issue of cross-border marriage is more complex. Due to different customs in different countries, the legal regulations on marriage and divorce are also different in each country. Therefore, those who intend to enter into a marriage with a foreigner should be familiar with the legal provisions of the relevant country and pay attention to the following issues:

(1) The parties to a cross-border marriage who are familiar with the relevant laws may be people of different nationalities or both parties Although they are of the same nationality, but the place of marriage or divorce is in a foreign country, you need to understand the laws of the country where you are located. Otherwise, there may be a possibility of "breaking the marriage" (that is, a legal marriage or divorce in one country, but a legal divorce in another country). It is an illegal marriage or has not yet been divorced).

(2) Choose the law that is most beneficial to you. The civil laws of various countries are different, and the application of different laws may lead to different results. Since the effectiveness of the law is geographically limited, as long as the parties appropriately change the place of conduct or litigation, the applicable law may be most beneficial to them.

(3) Recognition and enforcement of judgments When a judgment made by a court in one country may need to be enforced in another country (such as payment of alimony, division of marital property, etc.), the parties concerned should consider in advance the consequences for themselves Whether a favorable judgment can be recognized and enforced. Otherwise, no matter how good the judgment is, it will be a piece of paper. Countries have different conditions for recognizing and enforcing foreign legal judgments (including rulings). Judging from the judicial agreements concluded between our country and foreign countries, the conditions for our country to recognize and enforce foreign court judgments are:

1. The court that makes the judgment has jurisdiction according to its own national law;

2. The court that made the judgment selected the applicable law in accordance with the country’s private international law;

3. The judgment has taken effect;

4. The respondent has been legally summoned;

5. The execution of the judgment will not damage our country’s sovereignty, security and public order.