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Foreigners Can Divorce with Chinese Spouse, Even Not in China

Foreigners Can Divorce with Chinese Spouse, Even Not in China Foreign Tips
2023-12-30
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On December 29th, the Beijing Youth Daily reporter learned from the Beijing Fourth Intermediate People’s Court that it recently concluded a case recognizing and enforcing a foreign court’s divorce judgment.
In this case, Ms. Mei settled a longstanding issue and finally ended her unsuccessful international romanceIt is understood that a few years ago, Ms. Mei met a foreign man working in China due to work-related reasons.
As they furthered their relationship, the two quickly registered their marriage in China, dreaming of a future life abroad together.
Their last meeting was in 2020 when the man returned to his home country amidst a global pandemic.
Their long-distance relationship became increasingly distant, leading them to eventually break up.
Since the couple registered their marriage in China, getting a divorce in the country requires both parties to be present. While obtaining a divorce abroad would need to go through a legal process.
Since the man didn’t want to return to China, Mei agreed to let him file for divorce in his country’s court. After some time, the foreign court issued a divorce judgment.For the foreign divorce judgment to be effective in China, it needs recognition by a Chinese court.
Afterward, the marriage status can be updated in the household registration.
Otherwise, Mei would remain legally married, making it challenging for her to form a new family or handle various personal matters.
According to the law, recognizing a foreign divorce judgment in a Chinese court requires submitting the foreign divorce judgment and other evidence authenticated abroad to verify its authenticity. Handling these international documents became a painful process for Mei.
Understanding Mei’s urgency to change her marital status, Judge Li Dongmei immediately contacted her ex-husband based on the information provided.
Since he didn’t speak Chinese, Judge Li’s assistant, Ru Ying, communicated with him in English, guiding him through the process.Six days after filing, the case was heard at the Beijing Fourth Intermediate People’s Court.
For such cases, if the respondent consents, they don’t need to attend.
Since the case had no disputes, Judge Li Dongmei prepared the judgment recognizing the foreign divorce on the same day and sent it to Mei. The next day, Mei received the document.
Source: 北京四中院https://mp.weixin.qq.com/s/i58G0k487wtrHKXlmiOlDg

*The opinions expressed in the article are solely those of the author.*
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Foreign Tips BAFLA's 2nd channel, to offer free services for foreign businesses and individuals.
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