1. Both parties are of China nationality and registered their marriage in China, but one party cannot return home abroad.
According to the laws of our country, if one party can't go back to China for divorce registration, even if both parties have reached a divorce agreement, they can't go through the registration formalities through the civil affairs department, and only the marriage relationship can be resolved through the court. Solution:
(a) Both parties can reach a satisfactory solution:
1. A foreign party entrusts a domestic friend or lawyer as its agent ad litem. Need to fill in a fixed format of power of attorney and divorce opinion (generally China embassies and consulates abroad have relevant format text), written power of attorney and divorce opinion must be certified by China embassies and consulates abroad. The cost of certification varies from country to country, but it is relatively low. For example, the cost of Japanese consulate is about 3,000 yen, and that of our consulate in new york is about 20 dollars.
2. At the same time, if a domestic party brings a civil lawsuit to the local people's court, it is best to state in the complaint the fact that a consensus has been basically reached on the divorce issue, so as to strive for the court to hold a court session as soon as possible and solve the case quickly and quickly.
3. After the court opens on a certain day, the plaintiff, his agent and the defendant's agent reach a conciliation statement (judgment) on divorce, which generally takes effect on the same day, and the effective legal documents can be obtained one week later. This case is closed.
(2) Both parties cannot reach an agreed solution:
1, a domestic party filed a divorce lawsuit with the people's court. Submit marriage certificate, plaintiff's ID card, defendant's foreign address (passport) and other relevant evidence.
2. After the court examines the case, it will generally ask whether the plaintiff can reach an agreement with the defendant. If there is no news of the defendant, or if there is no news of the defendant, the court will transfer the litigation documents to the first-level Ministry of Foreign Affairs and serve them through diplomatic channels. Therefore, two situations may occur:
First, after receiving the summons from the court, the defendant made a reply, and the court decided whether to leave the court on another day;
Second, if the defendant does not receive the summons for three months, the general court will announce it for another seven months, and then make a judgment by default. It should be pointed out that if the judgment is made by default, the court generally only makes a ruling on personal relations, and the court generally does not deal with the property part.
Two, one party is a citizen of China, one party is a foreign citizen, registered marriage in China.
(a) Both parties can reach a satisfactory solution:
1. If a foreign party can return to China, both parties shall go through the divorce registration formalities at the foreign-related marriage management office.
2. If the foreign party cannot return to China, the domestic party shall file a divorce lawsuit with the people's court of the place of residence, and the steps are the same as above.
(two) the two sides can not reach an agreement on divorce.
1. The domestic party shall submit marriage certificate, notarial certificate, plaintiff's ID card, defendant's identity materials (passport, declaration form filled in at the time of marriage registration, etc. ) Go to the court and initiate divorce proceedings.
2. After the court has examined and filed the case, it will serve a notice of responding to the lawsuit and hold a court session on another day. Steps are the same as above. When signing the court judgment, the agent should pay attention to one point, and carefully check the names of the foreign parties in the court documents for spelling mistakes. The agent once represented a German divorce case. The foreign name is Macro, and the court clerk mistyped it as Marco. The agent didn't pay attention at that time, which made it very troublesome to retract the judgment of both parties.
Three, one party is a citizen of China, one party is a foreign citizen, registered marriage abroad, divorce.
1. First of all, the marriage registration certificate issued by foreign countries must be notarized in the host country, then certified by the Chinese embassy or consulate in that country, and then filed in China. If both parties are in China, or the foreign party is in the host country, but they don't cooperate, one of the difficulties in solving this case lies in notarization. For example, entrusting foreign lawyers to handle notarization and authentication matters is expensive, especially for lawyers in Britain, the United States and Canada, who charge by the hour in US dollars, and only charge public and authentication fees, which may be much higher than the fees for domestic lawyers to handle this case. For example, we contacted an American law firm for notarization, and the other party asked for $2,000, explaining that it was calculated on the basis of four hours' work. Lawyers in some countries, such as Ireland, charge less, only a few tens of euros, even cheaper than an EMS, and the speed is very fast.
2. For marriage registration certificates in Hongkong, Taiwan Province Province and Macau, relevant notarization and authentication procedures shall also be performed. Take Hong Kong as an example, the marriage registration certificate can only be effectively used in China courts after it is verified by a Hong Kong notary lawyer entrusted by the Ministry of Justice, and then a wax-sealed notarized document is issued with the transfer seal of China Law Hong Kong Service Company. We maintain cooperative relations with notaries appointed by the Ministry of Justice of many law firms in Hong Kong, so the related expenses are relatively low, and the total expenses (including the inquiry fee and the stamp-knocking fee in Hong Kong) add up to less than HK$ 3,000.
3. After the marriage registration certificate is notarized, it will be submitted to the court together with other litigation materials, thus entering the filing procedure. If both parties agree to divorce, it can generally be concluded within one month; If one party disagrees, or one party has no news, the longest litigation period can be about one and a half years.
4. Both parties are foreign citizens, their marriage is registered in a foreign country, and now one party has a domicile in China.
With the increase of foreigners in Shanghai, both parties are foreigners, and divorce cases in Shanghai are also common. For the handling of such cases, the number of courts in Shanghai began to increase slowly. Due to the different understanding of the case handlers in the filing courts of different courts, such cases may encounter some problems when they are established, and even in different courts, the handling methods are different.