Is a foreign divorce judgment recognized in China?

China recognizes divorce judgments legally obtained abroad, but cannot be directly used in China, such as your remarriage, modification of household registration, marital status, real estate disposal, etc., you need to provide foreign divorce certificate judgment embassy authentication documents.

The place of legalization is in the country where the document was issued, and if you are divorced in the United States, you will need to have it legalized by the embassy in the United States.

The use of foreign divorce judgments in China can only be effectively used in China when they need to be authenticated by Chinese embassies abroad.

Steps of notarization and authentication:

Notarization by a notary public.

Certified by the Ministry of Foreign Affairs.

Authentication by Chinese embassies and consulates abroad.

Foreign divorce judgments used in China must be notarized and authenticated before they can be recognized in China.

Legal analysis: Divorce judgments of foreign courts involving Chinese citizens must be recognized by the people's courts of China before they can take effect in China. If a Chinese citizen applies to a people's court for recognition of a divorce judgment of a foreign court, after examination, if the judgment of the foreign court does not violate the basic standards and rules of Chinese law or the interests of the state or society, it shall rule to recognize its validity; Otherwise, the application is dismissed.

No appeal is allowed after the decision.

Legal basis: Civil Procedure Law of the People's Republic of China Article 282: Where a people's court finds that a legally effective judgment or ruling made by a foreign court applying for or requesting recognition and enforcement does not violate the basic principles of the laws of the People's Republic of China or national sovereignty, security, or the public interest of society, after reviewing a judgment or ruling made by a foreign court applying for or requesting recognition and enforcement, in accordance with the international treaties concluded or acceded to by the People's Republic of China or in accordance with the principle of reciprocity, it finds that it does not violate the basic principles of the laws of the People's Republic of China or the national sovereignty, security, or the public interest, and rules to recognize its validity, and where it is necessary to enforce it, it shall issue an enforcement order. It shall be implemented in accordance with the relevant provisions of this Law.

Legal Analysis: Divorce judgments of foreign courts involving Chinese citizens must be recognized by the people's courts of China before they can take effect in China. A Chinese citizen applies to a people's court for recognition of a divorce judgment of a foreign court, and after examination, if the judgment of the foreign court does not violate the basic norms of Chinese law or the interests of the state or society of China, it is ruled that the validity of the judgment shall be recognized. Otherwise, the application is dismissed.

No appeal is allowed after the decision.

Legal basis: "Civil Procedure Law of the People's Republic of China" Article 282:Where a people's court finds that it does not violate the basic principles of the laws of the People's Republic of China or the national sovereignty, security, or the public interest of the People's Republic of China, and finds that it does not violate the basic principles of the laws of the People's Republic of China or the national sovereignty, security, or the public interest, after reviewing the judgment or ruling made by a foreign court applying for or requesting recognition and enforcement, and where enforcement is necessary, it shall issue an enforcement order. It shall be implemented in accordance with the relevant provisions of this Law.

Ms. Wang's ex-husband, Yu, runs an electrical appliance company. In May 2012, due to difficulties in capital turnover, Yu borrowed 500,000 yuan from Ma and agreed to return it a week later. But Ma was urged several times, but to no avail.

In March last year, Ma filed a lawsuit with the Yuyao Court, demanding that Yu return the loan. Yu lost the case. In June this year, Ma applied to the court for compulsory enforcement.

After the court accepted the case, it immediately investigated and charged Yu's property and seized a property in his name.

According to the relevant regulations of the Zhejiang Provincial High Court, the court may deduct the bank deposits of the spouse of the person subject to enforcement. After verifying the existence of the marriage between the parties with the civil affairs department, the judge carried out a "point-to-point" investigation and control of Ms. Wang's bank account and found that Ms. Wang had a deposit of 10,000 yuan in her account. The judge immediately deducted the deposit.

On July 25, Ms. Wang's ** lawyer filed an enforcement objection with the Yuyao Court, claiming that Ms. Wang and Yu were divorced by the Superior Court of Basé Province in Canada in February 2013, and the two parties also divided the joint property during the marriage in the divorce agreement: a set of real estate jointly owned by the husband and wife belonged to Ms. Wang, and the debts in their respective names were each liable for repayment. The 10,000 yuan was deposited in the bank by Ms. Wang after the divorce, and the property was also the property owned by her as stipulated in the divorce agreement, so the court had no right to dispose of the deposit and the property.

Is a foreign divorce judgment valid in China?

The presiding judge said that according to China's relevant regulations on notarization and authentication by Chinese embassies and consulates abroad on the application of a people's court for recognition of a divorce judgment by a foreign court, a divorce judgment of a foreign court can only be notarized for the parties to be notarized on the basis of the divorce judgment of the foreign court for use in China.

In order for the divorce judgment between Ms. Wang and Mr. Yu to be legally valid in China, it must also apply to the Intermediate People's Court of China and be recognized, and what the Chinese court recognizes only includes the personal relationship in the judgment, that is, the fact of divorce is determined.

As for the recognition and enforcement of judgments on the division of marital property, the burden of living expenses, and the maintenance of children in divorce judgments of foreign courts, according to judicial interpretations, the provisions on the simulation of the upper hunger number do not apply. In other words, the relevant judgments on property in foreign divorce judgments are not legally recognized in China.

Therefore, as for the deposit proposed by Ms. Wang that is not the property of the husband and wife, she must apply to the Ningbo Intermediate People's Court, and after the Intermediate People's Court rules to recognize its legal effect, it can be determined that the deposit belongs to her personal property.

Although in the Canadian divorce judgment, the parties agreed that the house would be owned by Ms. Wang, this agreement involving property has no effect in China, so the Yuyao court can still auction and dispose of the house in accordance with the relevant laws and regulations of China.