Saturday, June 2, 2007

How to have the divorce decree made by foreign court recognized in China?

A. Applicant

1. The Chinese who is a party of the divorce decree made by foreign court can apply the Intermediate People’s Court for recognition of such divorce decree;

2. The foreigner who is a party of the divorce decree made by foreign court can apply the Chinese court for recognition of such divorce decree. However, his/her ex-spouse shall be a Chinese.

B. Documents required to be submitted.

1. The applicant shall provide a written application letter along with the original of divorce decree made by foreign court and its Chinese translation;

2. If the divorce decree does not indicate it has been effective or does not include the effective date, the applicant shall provide relevant documents to prove such decree has gone into effect;

3. If the applicant is the plaintiff in such divorce decree, he/she shall provide the court summons which indicates the defendant has been duly summoned by the court;

4. The required documents in 3 and 4 shall be notarized and legalized accordingly. Also their Chinese translations are necessary;

5. If the applicant is the defendant in such divorce decree who lives in China and it is difficult for him/her to provide required documents in 3 and 4, the decree can be deemed to be true and effective if he/she can provide Notice for hearing or court summons issued by foreign court;

6. The applicant shall submit his/her HUKOU book (for the Chinese);

7. The applicant shall submit the original marriage certificate;

8. If the applicant cannot be present in the court in person, for Chinese, he/she may provide POA to the court; for foreigner, he/she shall retain Chinese lawyer to be his/her representative.

No comments: