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Filing a case concerning Chinese divorce with foreigners are usually met with the following two aspects:
First, as the foreign party will not appear in China to handle his or her divorce process and he or she needs to go through the appointing process abroad.
Second, as the relevant legal documents are formed abroad, they ought to be notarized in China.
Generally speaking, the foreign party needn’t go back to China to go through the divorce process as long as he or she appoints lawyers or relatives in China to be his or her agents and filling the format of legal document. Referring to the legal document formed abroad such as marriage certificates and so on, they should be notarized in China. Only after the process of notarization shall these documents be acknowledged by the people’s court.
In this sense, the legal documents submitted to the people’s court shall included but not limited to the following items:
First, the notarization of foreign party’s passport and ID card should be submitted to the court. And if the passports are issued by foreign countries, they need to be translated by qualified interpretation companies.
Second, both parties’ marriage certificate should be notarized and translate by qualified interpretation companies if the certificate is not in Chinese version.
Third, foreign party ‘s letter of appointment should be in the specific format and need to be notarized as well.
Fourth, if the foreign party is the plaintiff, he or she needs to give the civil pleading to the agent after its notarization. If the foreign party is the defendant in the case, he or she has to declare his or her opinions on divorce. What’s more, the declaration of divorce including the child-care custody and division of common properties shall be submitted to the court after notarization. |
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