How to handle divorce in a foreign related marriage? How to handle divorce in a foreign related marr

In a foreign-related marriage, the division of property at the time of divorce shall first be determined by both parties through negotiation; If the negotiation fails, it shall be divided in accordance with the principle of fairness. Article 39 of the Marriage Law stipulates that in the event of divorce, the joint property of the husband and wife shall be disposed of by mutual agreement; If the agreement is not reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.

1. On the conditions for divorce.

According to the provisions of the Marriage Law, if the relationship between the husband and wife has indeed broken down, a divorce may be granted.

2. About child support and child support.

For the issue of child support, it is necessary to carefully confirm the circumstances of both parties from the perspective of being conducive to the child's growth, but the child during the breastfeeding period is generally awarded to the woman for support, if it is not a lactation period, it is necessary to see that party is more suitable for the child's growth and solicit the child's own opinion. The parent who does not support the child should pay monthly maintenance until the child reaches the age of 18, and the standard of maintenance is generally between 20 and 30% of the annual income. If one party is not suitable to raise the child during the future maintenance period, the other party can go to court to file a new lawsuit to change the custody of the child.

3. On the division of common property.

The property acquired by one party during the marriage is the joint property of the husband and wife, and the joint property and debts of the husband and wife are jointly owned and borne by the husband and wife, and are generally half of the same person. If one party is at fault, the division of property can be divided with less or no share, and the specific share will be determined by the court. In general, after marriage, the prenuptial bride price is treated as joint property and cannot be refunded, and if there is no marriage, the other party can be asked to return the bride price.

4. About the divorce procedure, required documents and fees.

In the case of divorce by agreement, after negotiation between the two parties, they should go through the divorce formalities at the original marriage registration authority with the divorce agreement, marriage certificate and ID card of both parties and receive the divorce certificate; If one party does not agree or repents of non-performance after signing the divorce agreement, then the divorce shall be filed in the court where the defendant is domiciled, or in the court where the defendant has resided for more than one year, or if the defendant's whereabouts are unknown or imprisonment for more than one year, the divorce may be filed in the court where the plaintiff is located. The first instance is generally 6 months, and the second instance is 3 months. If the court does not leave the first judgment, it can file a new lawsuit after half a year, and the court of the second prosecution should generally rule away.

If the litigation fee for litigation divorce does not involve the division of property, it is generally 50 yuan, and if there is a division of property, the fee shall be paid according to the proportion of the property, which can be referred to the "Litigation Fee Measures".

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How to handle foreign-related marriage and divorce procedures: The two parties reach a consensus on issues related to the dissolution of marriage and child support, and jointly go to the marriage registration authority where the permanent residence of the mainland resident is located to register the divorce. In addition, for the party that is not a resident of China's domestic rolling balance, Hong Kong residents, Macao residents, and Taiwan residents shall also present their valid passes and ID cards, and foreigners shall provide valid certificates and other materials.

[Legal basis].Article 10 of the Marriage Registration Regulations.

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.

Article 11. Mainland residents who have registered for divorce shall present the following documents and supporting materials:

1) The person's household registration booklet and ID card;

2) The person's marriage certificate;

3) A divorce agreement signed by both parties.

In addition to the certificates and supporting materials provided for in items (2) and (3) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents who have gone through divorce registration shall also present their own valid passports and identity cards, and overseas Chinese and foreigners shall also present their own valid passports or other valid international travel documents for major modifications.

Legal analysis: Foreign-related marriages can be divorced by agreement or litigation. In the case of divorce by mutual agreement, the Chinese citizen and the foreigner shall jointly go to the marriage registration office at the place where the mainland resident's permanent residence is located to register the divorce.

In the case of divorce by litigation, both parties shall file for divorce at the place of household registration or habitual residence of the Chinese citizen.

Legal basis: Article 10, Paragraph 2 of the Marriage Registration Regulations Where a Chinese citizen and a foreigner voluntarily divorce in Chinese mainland, or where a mainland resident wishes to divorce with a Hong Kong resident, a Macao resident, a Taiwan resident, or an 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 the case of a divorce by agreement, both parties need to go to the marriage registration authority at the place where the mainland resident's permanent residence is located to go through the divorce basic formalities after signing the divorce agreement. In the case of divorce by litigation, the divorce shall be filed with the people's court of the place where the marriage was concluded or the last place of residence of one party in China.

[Legal basis].Article 10 of the Marriage Registration Regulations.

Where 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 permanent residence to register the divorce. Where a Chinese public dust duan 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 where the mainland resident Bo Geyu permanently resides to register the divorce.

The procedures for foreign-related divorce are similar to those for ordinary divorce, but they also have their own characteristics because of their foreign-related factors. The authorities that handle foreign-related marriage registration in each city are different, so it is recommended to make an appointment in advance before going through the registration. For foreign-related divorces, it is necessary to go through the divorce registration at the marriage registration office in the place where the mainland residents have permanent residence.

1. The following materials need to be prepared: (1) My household registration booklet and ID card; 2) The person's marriage certificate; 3) A divorce agreement signed by both parties. In addition to the certificates and supporting materials specified in items (2) and (3), Hong Kong residents, Macao residents and Taiwan residents who have gone through divorce registration shall also present their valid passports and identity cards, and overseas Chinese and foreigners shall also present their valid passports or other valid international travel documents.

2. The marriage registration authority shall examine the documents and supporting materials issued by the parties to the divorce registration and inquire about the relevant circumstances. Where the parties are truly voluntarily divorced and have reached a consensus on issues such as child support, property, and debts, they shall be registered on the spot and a divorce certificate shall be issued. Article 10 of the Marriage Registration RegulationsArticle 11 of the Marriage Registration Regulations Article 13 of the Marriage Registration Regulations.