Where to handle foreign related divorce procedures, and how to handle foreign related divorce proced

There are two types of divorce: divorce by agreement and divorce by litigation.

1. Divorce by mutual agreement refers to the legal act of dissolving the marital relationship by mutual agreement between the husband and wife in accordance with the provisions of the law. According to article 31 of the Marriage Law, if a man and a woman divorce voluntarily, both parties must apply for divorce registration at the marriage registration office. If, after formal and substantive examination, the marriage registration authority confirms that both parties are willing and that the issue of children and property has been properly handled, it shall handle the divorce registration and issue a divorce certificate.

The conditions for the marriage registration authority to accept an application for divorce registration are: the marriage registry office has jurisdiction; The spouses who request a divorce jointly apply to the marriage registry office; Both parties have full capacity for civil conduct; The parties hold a divorce agreement, which sets out the parties' intention to divorce voluntarily and the consensus on matters such as child support, property and debt disposal; The parties hold a marriage certificate issued by the Mainland marriage registration authority or the Chinese embassy (consulate) abroad. Clause.

2. Divorce by litigation refers to a legal system in which the husband and wife cannot reach an agreement on issues such as divorce, child support, or division of property after divorce, and one party sues the people, and the people's court mediates or makes a judgment to dissolve the marriage relationship after hearing the case in accordance with the litigation procedures. According to the relevant judicial interpretations, mediation is not applicable to cases of marriage and identity confirmation; However, where the division of property and child support are involved, mediation may be conducted, and where an agreement is reached through mediation, a separate mediation document shall be drafted. Legal basis:

Article 10 of the Marriage Registration Regulations provides that if a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register the divorce. Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces with a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident has a permanent household registration to complete the divorce registration.

Foreign-related marriage divorce procedures: Divorce procedures by agreement:

1. Application; 2. Acceptance;

3. Review; 4. After the cooling-off period for divorce, apply for the issuance of a divorce certificate.

Divorce Proceedings:

1. Drafting the complaint;

2. Prepare the evidence required for the lawsuit;

3. Submission of the complaint and evidence;

4. The court decides whether to accept the lawsuit;

Five**. Legal basis:

Article 1076 of the Civil Code of the People's Republic of China.

Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority.

The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

Article 1070 Henghong 9.

Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court.

People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted.

According to the law, the method of divorce procedures for divorce involving air-related high-altitude marriages is as follows: If a Chinese citizen and a foreigner voluntarily divorce in Chinese mainland, both men and women shall jointly go to the marriage registration office where the permanent residence of the mainland resident is located to register the divorce.

Legal basis:

Article 10 of the Regulations on the Registration of Marriage Frictions provides that if a mainland resident voluntarily divorces, both the man and the woman shall jointly go to the marriage registration authority at the place where one of the parties has a permanent residence to register the divorce. Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces a Hong Kong resident, Macao resident, Taiwan resident or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration office where the mainland resident's permanent residence is located to complete the divorce registration.

Legal analysis: Where a Chinese citizen voluntarily divorces a foreigner in Chinese mainland, or a mainland resident voluntarily divorces a resident of Hong Kong, Macao, Taiwan, or overseas Chinese in Chinese mainland, both men and women shall jointly go to the marriage registration authority at the place where the mainland resident's permanent residence is located to register the divorce.

In any of the following circumstances, the marriage registration authority shall not accept the divorce registration of the parties to the divorce registration:

1) Failure to reach a divorce agreement;

2) They are persons with no or limited capacity for civil conduct;

3) The marriage registration was not done in Chinese mainland.

Legal basis: Civil Procedure Law of the People's Republic of China

Article 21: The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against citizens; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction.

The people's court for the defendant's domicile has jurisdiction over civil litigation initiated against legal persons or other organizations.

Where the domicile or habitual residence of several Yuankailu defendants in the same lawsuit is in the jurisdiction of two or more people's courts in Sunshou, each of those people's courts has jurisdiction.

Article 259:The provisions of this Part apply to the conduct of foreign-related civil litigation within the territory of the People's Republic of China. Where there are no provisions in this Part, apply other relevant provisions of this Law.

The handling of foreign-related divorce procedures is:

1.Overseas Chinese who marry and settle abroad in China shall apply for divorce in the court of the country of residence; The divorce shall be filed in the people's court of the place where the marriage was concluded or the last place of residence of one of the parties in the country.

2.Overseas Chinese who marry and settle abroad shall be divorced in the court of the country of residence; The divorce is not accepted in the country of residence and is filed in the court of the original domicile or the last domicile of one of the parties.

3.If a Chinese citizen resides separately at home or abroad, the domestic court has jurisdiction, and both parties may file a case in the court where one of the domestic citizens is domiciled.

Legal basis] According to Article 26 of the Law on the Application of Laws to Foreign-Related Civil Relations, in the case of divorce by mutual agreement, the parties may choose to apply the law of one of the parties' habitual residence or the law of the country of nationality by agreement. If the parties do not choose, the law of the place of common habitual residence shall apply; If there is no common habitual residence, the law of the country of common nationality shall apply; Where there is no common nationality, the law of the place where the institution handling the divorce formalities is located shall apply.