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Recognition and enforcement of divorces in another country that were decided in Chinese court

  • Time:2019-01-02
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For a divorce ruling made in a Chinese court, the parties or their attorney can apply to a foreign court to recognize the decision. That recognition and enforcement in another country will be based on provisions listed in the agreements between China courts and that countrys courts.

The parties and attorneys should note that a foreign court normally requires a verdict determined in that country in order for the divorce to be effective. However, the Chinese conciliation statement (out-of-court agreement) often states that the conciliation statement will take legal effect only once both parties have signed, but it is difficult for a foreign court to verify. Foreign courts place heavy importance on the validity of a judgment so it is recommended the obtain an in-court verdict even if both parties can reach agreement with a conciliation statement.

A judgment issued by the court is different from an ordinary document, and should be headed with Peoples Republic of China and contain the names of both parties, carefully checked especially for foreigners. Any materials requested and submitted to the court should be notarized in the case a foreign court reviews the divorce case to determine if it will be recognized and enforced.

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