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(1) Both parties are foreigners and they got marries overseas and they couldn’t get divorced abroad or in China due to the problem of jurisdiction.
Relevant Cases:
Mr. Li joined the American nationality and got married with a Japanese called Yawa in California. From 2000, Mr. Li went to work in Shanghai and he would like to get divorce due to the break up in their marital relation. However, Mr. Li met with some problems concerning the jurisdiction. According to the laws in California, the people who want to bring up a lawsuit in California have to live in California for more than half a year. In this way, Li couldn’t get divorce in California. So, Li went back to Shanghai, hoping to start the divorce procedures. However, the people’s court in Shanghai made the decision of nonsuit as Li was American citizen and get married in U.S.
(1) The foreign party’s whereabouts is unknown or paying no attention to the summons, leading to a long-time lawsuit
Due to the separation between couples, it is common for one party to be unknown to the opposite party’s location. According to the Civil Procedure Law, the court has to deliver the litigation documents to the defendant and the public notice is needed if no receipt was received by the court. Generally speaking, the time for litigation delivery is about 2 or 3 months and the public notice needs 6 months. In divorce cases, twice of public notices may be needed and hence, the litigation may need one year and half or above. The cost of time may prevent the couples to go through the divorce litigations.
(2) The investigation of common properties is in a limited field, making it hard to divide the common properties.
According to the principle of international private law, dealing with the real estates shall be in line with the local laws where the real estates locate. Concerning the movable properties are abroad , the courts in China have no jurisdiction overseas and it is not realistic for lawyers to investigate abroad. |
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