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Pursuant to China’s relevant laws and regulations, in case one party cannot return for the divorce registration, even if both parties have come to agreements, the civil affairs bureau shall not agree to go through the concerning registration procedures but through the divorce proceedings.
(1) Solutions for both parties having come to agreements.
① The party living or staying abroad can commission friends or the lawyer for the divorce proceedings. The letter of authorization in the fixed format and the comment for divorce should be filled in by the party involved. (Generally, Consulates in China shall provide relevant formatted forms; if not, you can log on our website (http://www.iamlawyer.com) or write to us for them. The letter of authorization and the comment for divorce need to be approved by the Consulate in China and the cost for approval is different and not quite expensive in different Consulates in China. For example, Consulate General of Japan in Shanghai charges 3000 yen while the Consulate of U.S.A in Shanghai charges $20.
② The party living in China brings the divorce case to the local court where the registered permanent residence locates. It is better for the party involved to mention that both parties have basically reached agreements for divorce by negotiation, for the purpose to open the court session earlier and rapidly.
③ In the trial, the plaintiff and the agent, with the defendant’s agent arrive at the letter of mediation/the judgment upon issues concerning divorce. Usually the document enters into effect on that day and the party can receive the document within one week.
(2) Solutions for both parties not having come to agreements.
①The party living in China brings the divorce case to the People’s court with the marriage certificate, the plaintiff’s ID card, the defendant’s address abroad (passport) and other relevant evidence.
②After the register, the judge shall generally query the plaintiff whether both parties have reached agreements concerning issues of divorce; if not or the defendant disappears, the court shall serve the court summons for the lawsuit through the Ministry of Foreign Affairs step by step, so two consequences maybe occur:
First, the defendant pleas to the indictment after receiving the summons and the court shall sit in judgment on the divorce case at a certain day.
Second,within 3 months after serving the summons, the defendant gives no reply. Under such circumstance, generally the court may announce for another 7 months. After that, the court shall adopt the default judgment.
Please note that: generally, the court shall only make the judgment upon personal relations by means of default judgment except property division. |
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