What are the procedures for divorce between Chinese and Koreans?

1. First of all, if the two parties negotiate and divorce by consensus, if they get married in China, they can go to the marriage registration office to go through the divorce procedures with the identity certificates, marriage certificates, and divorce agreements of both parties. If you get married in Korea, you should apply Korean law to go through the divorce procedure.

2. If the negotiation fails, you can go to the court to sue for divorce.

When suing for divorce, the first thing to look at is the question of which country should be governed.

According to the "Opinions of the People's Republic of China", "the laws of our country shall apply to foreign-related divorce cases accepted by Chinese courts, divorce and the division of property caused by divorce." The law of the place where the marriage was concluded shall be applied to determine whether the marriage is valid", and the law of our country shall apply to divorce and the division of property arising from divorce.

In this case, the Chinese resident may file a divorce lawsuit with the Intermediate People's Court of his domicile in China.

3. The divorce procedure is similar to that of ordinary domestic divorce cases, but the period is longer than that in China.

You can divorce in China, or you can register the divorce in South Korea, and provide the marriage certificate of the two people, if it is a Korean marriage certificate, it must also be authenticated by the Korean embassy.

In which country was the marriage registered? **Registration is**divorce, other procedures are similar to general divorce, two people at the same time prepare identity certificates, divorce agreement, and then go to the local marriage management authority to apply for divorce.

Divorce a Korean woman has long existed in name only, what if she doesn't come, can she still leave?

Legal analysis: one party is a Chinese citizen and the other party is a foreign citizen, and the marriage is registered abroad, and the divorce is handled. 1. First of all, the marriage registration certificate issued abroad must be notarized in the country where it is located, and then it must be authenticated by the embassy and consulate of the country where it is located, and then the case must be filed in China.

2. For marriage registration certificates from Hong Kong, Taiwan and Macao, relevant notarization and authentication procedures must also be performed. 3. After notarization and authentication of the marriage registration certificate, it will be submitted to the court together with other litigation materials to cause the case filing procedure. If the parties agree to divorce, the trial can generally be concluded within one month; If one party does not agree, or if one party is not heard from, the litigation period can be as long as about one and a half years.

Legal basis: Article 31 of the Marriage Law of the People's Republic of China Where a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office.

The marriage registration authority shall issue a divorce certificate when it is clear that both parties are willing and that the issues of children and property have been properly dealt with.

Legal analysis: If you got married at that time and only applied for a marriage certificate in South Korea, your marriage relationship in China will not be recognized. If you have a marriage certificate in China and do not have a marriage certificate in Korea, then South Korea will not recognize your marriage relationship.

If both of you have a marriage certificate, both of you need to get a divorce on both the Korean side and the Chinese side.

Legal basis: Civil Code of the People's Republic of China

Article 1076:Where both 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 1079:Where one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly initiate divorce proceedings in 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.

In any of the following circumstances, if mediation fails, a divorce shall be granted:

1) bigamy or cohabitation with another person;

2) Committing domestic violence or abusing or abandoning family members;

3) Having bad habits such as gambling and drug abuse;

4) Separated for two years due to emotional discord;

5) Other circumstances that lead to the breakdown of the relationship between husband and wife.

Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted.

Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.

Hello, Koreans have registered their marriage in China, and the place where the marriage was concluded is in China, if they have lived in China for a long time, according to the principle of territoriality, the Chinese court has the right to hear the divorce proceedings of both parties. According to Article 21 of the Civil Procedure Law of the People's Republic of China, civil litigation against citizens shall be under the jurisdiction of the people's court at the place where the defendant is located; Where the defendant's domicile is inconsistent with the defendant's habitual residence, the people's court for the habitual residence has jurisdiction; Article 12 of the Judicial Interpretation of the Civil Procedure Law:

In cases where one spouse has been absent from the place of domicile for more than one year and the other party files for divorce, the people's court for the place where the plaintiff indicates the domicile may have jurisdiction. In cases where both husband and wife have been away from their place of residence for more than one year, and one party files for divorce, the People's Court of the defendant's habitual residence has jurisdiction, and where there is no habitual residence, the people's court at the defendant's place of residence at the time the plaintiff files a lawsuit has jurisdiction. Therefore, according to the above legal provisions, the marriage of Koreans in Chinese mainland may be subject to the jurisdiction of the court where the defendant is located, or the court of the plaintiff's habitual residence, and the Chinese court may exercise jurisdiction.