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Some tips of foreign related divorce litigation in China

27 August 2012 By In Family and Divorce

Under Chinese law, divorce is generally a simple process if both parties agree to the divorce and there are no children or assets involved. Two Chinese people can walk into the marriage registration office with their marriage books and their hukous and be divorced the same day. However, when the divorce involves a foreign national, the procedure can be much more complicated.

That said, foreign national can still get a divorce, though it is a difficult procedure. It make takes time, and it's only a matter of time, if you are committed to divorce, even either party is not willing to divorce.

The wife is still a Chinese national

In this situation, no matter where the marriage is registered, the foreign husband can file a divorce litigation in China. Since the Chinese wife's nationality status, China court has jurisdiction over the case. The competent court is usually where her hukou is located, or the place she has been living for more than one year.

The wife is no longer a Chinese national

If the Chinese wife has got a foreign nationality and foreign husband pursues a divorce in China, it is possible. The foreign husband must establish that the marriage is registered in China and foreign court which is deemed to have jurisdiction over the divorce under Chinese law rejects jurisdiction, then Chinese court will accept the case.

In general, in most of the situation, Chinese courts has jurisdiction over your divorce petition. It takes around six to twenty four months to have a final divorce decision. It's only a matter of time. In most of the time, you have to establish the fact that you have been living separately from your Chinese wife for more than two years.

There is no automatic divorce from your wife, no matter how many years you have been separated from your wife -  you must resolve this through proceedings.

Best choice to divorce

The best way to divorce is to divorce through agreement and registered the agreement in marriage registry.

Always consult our China divorce lawyer at the Law Office of Peter Zhu.

Read 3568 times Last modified on Saturday, 14 September 2013 03:50
Shenzhen Lawyer

A Shenzhen lawyer practicing in one of the best Shenzhen law firms handle commercial and family law matters across the country. Free preliminary legal consultation. Tel: +86 188 19019636. Email: peterzhulaw@hotmail.com

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