How do couples who register their marriage abroad get divorced in China?
With the development of world economy, science, technology and culture, board-marriage has obviously become globalized, and there are more and more transnational marriages in China.
However, due to the conflict of cultural concepts, the divorce rate of transnational marriages is also high. According to statistics, the divorce rate of transnational marriages is as high as 40%.
So how do couples who do not register their marriage in China get divorced in China?
According to Chinese law, if a couple has not registered their marriage in China, if they want to divorce in China, they must go through litigation for divorce.
If both spouses do not currently live in China, they should file a divorce suit in their current residence first. If the court in the current residence refuses to accept the divorce case, they can file a divorce suit in China. In this situation, both spouses could file a lawsuit in the court of the original habitual residence or in the court of the last residence.
As for litigation fees, this is related to the property involved in the case.
1.If the property you plan to divide is worth 20 million RMB, The litigation fee (charged by the court, not our law firm) is approximately RMB 99,000.
2.If you can reach a settlement on the divorce before the hearing, the case will be concluded by signing a mediation agreement between both parties and court will add stamp, and the litigation fee (charged by the court, not our law firm) will also be halved, which is approximately RMB 49500.
3.If the facts of the case are clear, the relationship between rights and obligations is clear, and the dispute is not serious, the court Simple Procedure can be applied to handle the case. Correspondingly, the litigation fee (charged by the court, not our law firm) will be halved, which is approximately RMB 49500.
If you are planning to get divorce in the near future, we suggest you start to prepare the following materials:
1.Notarize and authenticate the marriage certificate you received abroad;
2.Collect clues about the property you intend to divide with your wife/husband and calculate the value of property.
If you plan to entrust us to handle your case, the following is the general process of handling the case:
1.Sign the engagement letter and power of attorney we prepare for you.
2.Assist us to prepare the relevant materials of the case, and we apply for filing case online.
3.If you are in China, you could go to the court scene with us and sign the power of attorney entrusted to us under the witness of the court staff. This will save the steps of notarization and certification and save costs.
4.Negotiate with your wife/husband about the divorce and sign an agreement document. (if possible)
5.Signed a mediation agreement for divorce proceedings under the witness of the judge if you and your wife/husband have no dispute over the divorce matter.
If the above materials are ready, normally the above process will last about 3 months.
Hope this article can help you, if you have any other questions, please feel free to contact us.
Larry Zhou, Partner
Landing Law Offices China
Mobile& WhatsApp: +86 13342931852
Linkedin: Larry Zhou