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Procedures for recognizing and enforcing foreign courts divorce decisions in China

  • Time:2019-03-08
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Article 4 review procedure requirements are based on provisions set by the Supreme Court of China. If a Chinese citizen has a foreign divorce judgment they want reviewed by the Chinese courts, a written application must be attached to the original judgment as well as a Chinese version of the judgment and then submitted to the court. If there is not a Chinese version, mainland courts will not accept the application. Presently, translations from Shanghai Translation Co. and Shanghai Translation Co., Ltd are highly regarded in the courts.

The application should provide the applicant’s vital information (name, sex, age, address, and place of employment) and information regarding the verdict from the foreign court (subject, time of the judgment, and resulting decision.) It should also include how the court should deliver summons and responses as part the procedural rights of the parties, reasons for submitting an application, and what the applicant is requesting of the court.

The provision listed in Article 12 of the foreign divorce review procedure states that there are five instances where the court will not recognize the divorce: 1. The foreign verdict is not legally effective; 2. The foreign court that made the decision doesn’t have proper jurisdiction; 3. The defendant has not had the opportunity to participate in proceedings, such as they haven’t been legally summoned to a hearing; 4. Chinese courts are executing the divorce proceedings, has already made a corresponding ruling, or the divorce has already be recognized and enforced the divorce; 5. The recognition and enforcement of the divorce would violate basic laws or threatens China’s sovereignty, security, or the public.

The case will be processed by the intermediate courts located where the applicant is domiciled or place of habitual residence (if the domicile and residence are different), If property rights are not involved in the case, then the applicant will pay 100RMB to file the application.

The article is a reprint from the Network of Shanghai Divorce Lawyers website.

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