Are there any special requirements for marrying a foreign divorcee?

According to the Reply of the Supreme People's Court on Whether the Parties Can Register Their Marriage with the Marriage Registration Authority of a Foreign Court without the Confirmation of the Divorce Judgment of a Foreign Court, a foreigner (including a foreign Chinese) who is married to a Chinese citizen applies for marriage to a Chinese citizen in China after the foreign court has decided to divorce him, if the divorce judgment of the foreign court of the previous marriage relationship has not been confirmed by the People's Court of China, the foreigner shall apply to the people's court for recognition of the divorce judgment of the foreign court of the previous marriage. After the people's court has ruled on the recognition, the marriage registration authority shall examine and correct the marriage in accordance with the relevant provisions before the marriage can be registered. There is no time limit for applying for recognition of a divorce judgment from a foreign court. According to the above provisions, if you want to marry your foreign boyfriend, he must first apply to the Chinese court to recognize the divorce judgment between him and his ex-wife.

After that, you can register your marriage.

The law of the place of marriage shall apply to the registration of a marriage with a foreigner, so the following applies only if the marriage is made in the home country.

The two who need to prepare for marriage should go to the civil affairs bureau where the country's household registration is located to register their marriage.

Foreigners are required to submit the following documents and supporting materials:

1) A valid passport or other valid international travel document of the applicant;

2) A certificate issued by a notary public or competent authority of the country where the person is located, authenticated by the embassy (consulate) of the People's Republic of China in that country or authenticated by the embassy (consulate) of that country in China, or a certificate issued by the embassy (consulate) of the country where the country is located that he has no spouse.

Marriage Registration Regulations.

Foreigners who go through marriage registration shall present the following documents and supporting materials:

1) A valid passport or other valid international travel document of the applicant;

2) A certificate issued by a notary public or competent authority of the country where the person is located, authenticated by the embassy (consulate) of the People's Republic of China in that country or authenticated by the embassy (consulate) of that country in China, or a certificate issued by the embassy (consulate) of the country where the country is located that he has no spouse.

If a Chinese citizen and a foreigner divorce voluntarily, both parties should go to the marriage registration office where one of the Chinese citizens has their household registration in person to do so.

marriage registration formalities; If one of the foreign citizens is not in China, the Chinese citizen must go to the marriage registration authority to register the divorce with a certificate of consent of the spouse. The foreign citizen's consent to the divorce must be certified by a foreign notary public.

If one of the parties requests a divorce and the other party does not agree to the divorce, or if the parties cannot reach an agreement on the division of property and child support after the divorce, they should file a lawsuit with the court. According to the provisions of the Civil Procedure Law of the People's Republic of China, if such cases are serious, the Intermediate People's Court has jurisdiction. The provisions of the Marriage Law shall be applied in the trial procedure, and mediation shall be given first, and if mediation fails, divorce shall be granted.

Marriage. Since this case is a foreign-related civil case, the special provisions of the Civil Procedure Law on foreign-related civil procedures should be applied during the trial process.

In addition, the written opinion sent to the people's court from a foreign country must be certified by a notary public in the country where the foreigner is located and authenticated by the Chinese embassy or consulate in that country.

Try asking.

The handling of divorce in foreign-related marriages should be viewed from several aspects.

1. If both parties are overseas Chinese in Tongchan and request to handle divorce in China, whether one party files for divorce or both parties voluntarily divorce, they must apply to the people's court at the place where the marriage is registered. If they are temporarily unable to return to China due to the epidemic or other reasons, they may entrust a domestic lawyer or relatives or friends to handle it on their behalf, and submit a written application to the people's court. If the marriage is registered at the Chinese embassy or consulate abroad, if there is no dispute between the two parties at the time of divorce, they can directly apply for divorce at the original embassy or consulate, and if there is a dispute, they need to apply for divorce to the people's court at the place of household registration or residence before going abroad.

2. If one party is an overseas Chinese and the other party is a Chinese citizen, if both parties voluntarily divorce and there is no dispute over the division of property and other issues, they can jointly register the divorce with the ** marriage registration authority of the people at or above the county level where one party's household registration is located. If one party is unable to attend or there is a dispute over the content of the divorce agreement, he or she may directly file a divorce lawsuit with the people's court where one of the parties is registered in China.

3. If one of the husband and wife is a Chinese citizen and the other is a foreigner, and the divorce is requested in China, whether the divorce is voluntary or one party files for divorce, the divorce lawsuit must be filed with the Intermediate People's Court with jurisdiction.

1.Divorce by mutual agreement.

Where a Chinese citizen and a foreigner divorce by mutual agreement 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 residence to register for divorce.

Documents to be issued by the applicant: the marriage certificate of the applicant; His/her ID card, or his/her valid passport or other valid international travel document issued by the foreigner; A divorce agreement signed by both parties, which sets out the parties' intention to divorce voluntarily and their consensus on matters such as child support, property and debt disposal.

Applicable conditions: Marriage registration is handled in Chinese mainland; Both parties go to the marriage registration office together; The parties agree on divorce and divorce matters. If the above conditions are not met, the divorce can only be litigated.

2.Divorce by lawsuit.

A divorce between a Chinese citizen and a foreigner can be sued either by a Chinese court or by a foreign court with jurisdiction. Where a divorce lawsuit is initiated within the territory of our country, the people's court at the place where one of the domestic parties is domiciled shall have jurisdiction, and if the place of domicile is inconsistent with the place of habitual residence, the people's court at the place of habitual residence of the domestic party shall have jurisdiction. Where a divorce lawsuit is filed outside China, whether or not a foreign court accepts it shall be decided by that court in accordance with its domestic law.

There are two options for divorce.

1) Divorce by mutual agreement: If the parties divorce by mutual agreement, both parties shall go to the marriage registration authority at the place where the Chinese resident has permanent residence to register the divorce. Chinese residents who have registered their divorce should present the following documents and supporting materials:

1. My household registration booklet and ID card; 2. Marriage certificate; 3. The divorce agreement signed by both parties. The divorce agreement shall clearly state the parties' expressions of intent to divorce, child support, financial assistance for one of the spouses, property and debt disposal, and other matters of the agreement. Foreigners shall also present their valid passports or other valid international travel documents.

2) Circumstances of divorce by litigation:

1. If both parties do not return to China for processing, they can choose to file for divorce abroad, but the judgment must be recognized by the Chinese court.

2. Divorce proceedings in China:

Article 23 of the Civil Procedure Law stipulates that the people's court at the place where the plaintiff is domiciled shall have jurisdiction over a lawsuit concerning the identity relationship brought by a person who does not reside in the territory of China; Where the plaintiff's domicile is inconsistent with the place of habitual residence and the place of residence of the plaintiff, the people's court for the plaintiff's habitual residence has jurisdiction. That is, if you divorce a foreigner, you may file a lawsuit with the people's court of your domicile. If it is accepted by the Chinese People's Court, the laws of the People's Republic of China shall apply.

The litigation documents sent by the foreign party must be notarized by the notary public in the country or local where they are stationed, and authenticated by the Chinese embassy or consulate in that country or certified by other institutions recognized by the judicial authorities, before they can be accepted and heard by the people's court.

If the parties have obtained foreign status (including citizenship before joining a foreign country and obtaining permanent residency in a foreign country), the divorce can only be handled through the court. If both parties are present, they can go to the court where the parties are registered before leaving the country to handle the divorce proceedings with their passports and marriage certificates; If the other party is unable to attend, he or she may entrust a relative, friend or lawyer in the city to handle the power of attorney, which must be authenticated by the Chinese embassy or consulate in the United States, and the client and the party concerned shall go to the court where their household registration is located before leaving the country. It can also be done in the court of residence in the United States.

If the parties have not obtained foreign status and are still registered in Beijing, both parties can reach an agreement on child support, property, debts, etc., and jointly go to the Marriage Registration Office of the Beijing Civil Affairs Bureau to handle the divorce by agreement. The parties concerned must hold their own household registration booklet (the marital status column on the household registration card should indicate "having a spouse", and if it is not indicated, it must be changed at the police station where the household registration is located; The original of the collective household registration card and a copy of the first page of the collective household registration book shall be stamped with the seal of the custodian department), resident ID card; The other party must hold his/her own valid passport. At the same time, it is also necessary to hold a divorce agreement in triplicate stating the intention of both parties to divorce voluntarily and a consensus on matters such as child support, property and debt disposal, a marriage certificate issued by the mainland marriage registration authority or a Chinese embassy (consulate) abroad, and two 2-inch single men and women who have recently been half-length bareheaded**.

If one party is unable to be present, it can only be handled by the court.

There are difficulties in foreign-related divorce cases in terms of document service, property enforcement, determination of child support, application of law, and property division, and it is difficult for non-professional foreign-related lawyers to deal with such cases. I heard that lawyer Xu Baotong in Shanghai and lawyer Wang Jingqian in Shenzhen are very professional in this kind of dispute. Their lawyer team is one of the best foreign-related lawyers in China.

Legal Analysis:1Divorce by mutual agreement.

Where a Chinese citizen and a foreigner divorce by mutual agreement in Chinese mainland, both the man and the woman shall jointly go to the marriage registration authority at the place where the permanent residence of the mainland resident is located to register the divorce.

Documents to be issued: the identity card of the marriage witness, the divorce agreement signed by the parties to the foreigner's valid passport or other valid international travel documents, which contains the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt handling.

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 addiction that they have repeatedly taught and not changing;

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.

Legal analysis: There are several steps to go through divorce procedures with foreigners: 1. Both husband and wife jointly apply to the marriage registration office where one of the parties is registered.

2. Submit ID card, household registration booklet and divorce agreement, and foreigners should present valid passports or other valid international travel documents. 3. After 30 days, both parties shall apply for a divorce certificate in person at the marriage registration authority.

Basis for the law: Article 11 of the Marriage Registration Regulations Mainland residents who go through divorce registration shall present the following documents and supporting materials: (1) their 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 passes and identity cards, and overseas Chinese and foreigners shall also present valid passports or other valid international travel documents. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the opinions reached through consultation on matters such as child support, property and debt disposition.

1. How to get a divorce from a foreigner.

1. Both parties must be divorced voluntarily;

2. Both parties must have reached an agreement on matters such as child support, property, and debts;

3. The original marriage registration must be handled in Chinese mainland;

4. Both parties must have full capacity for civil conduct;

5. Both parties must jointly go to the registration agency designated by the province, autonomous region or municipality directly under the Central Government.

2. Materials to be brought when applying for a divorce by agreement.

a) The domestic side shall bring:

1. Household registration booklet and resident ID card (including photocopy).

2. My "Marriage Certificate".

3. The "Voluntary Divorce Agreement" signed by both parties, the agreement should be written in Chinese.

2) Residents of Hong Kong, Macao and Taiwan should bring:

1. Valid pass and ID card (including photocopy);

2. Marriage certificate; 3. The Voluntary Divorce Agreement signed by both parties.

3) Overseas Chinese and foreigners should bring:

1. Valid passport or other valid international travel documents (including photocopy);

2. Marriage certificate;

3. The Voluntary Divorce Agreement signed by both parties.

3. What is an uncontested divorce? How to get a divorce by mutual agreement?

Also known as "both parties", it refers to the legal system in which the parties to the marriage relationship reach an agreement on divorce and dissolve the marriage relationship through the marriage registration procedure. The main characteristics are: first, the parties agree on the same will and reach an agreement on the issues of children and property; The second is to go through the divorce registration in accordance with the marriage registration procedures, and obtain it, that is, to dissolve the marriage relationship. The procedures for divorce by mutual agreement are in accordance with the provisions of the current Regulations on the Administration of Marriage and Registration, and the relevant contents are as follows:

1) The competent authority for divorce by agreement: The competent authority for divorce by agreement is the civil affairs department. (2) The specific procedures for divorce by agreement. 1.

Application by the parties. Divorce registration is governed by territory. If the parties divorce by agreement, they shall apply for divorce registration at the marriage registration authority of one party.

2.Review by the marriage registration management authority. The marriage registration management organ shall examine the parties' applications for divorce and ascertain whether the certificates and documents carried by the parties are complete and whether the parties meet the requirements for registering a divorce.

3.Registration of divorce and issuance of divorce certificate. Within one month from the date of accepting the application for divorce, the marriage registration management organ shall register those who meet the requirements for divorce, issue a divorce certificate, and cancel the marriage certificate.

After review, if the statutory requirements are not met and the registration is not made, the marriage registration management organ shall explain in writing the reasons for the refusal to register.