Even in a foreign related marriage, a husband and wife has the freedom to divorce, which can be done through negotiation as long as both parties can communicate, compromise, and agree on the divorce terms. If one or both parties is not capable of accepting the conditions, then a divorce must be settled through litigation.
Entrusting lawyers:
1. Even if there is a lawyer involved in divorce proceedings, both parties should still appear in court in order to express their wishes and opinions. If one of the parties is unable to attend due to special circumstances, all relevant wishes and opinions must be submitted in writing to the court.
2. Foreigners, aliens, and other foreign organizations need to entrust a Chinese lawyer to handle a lawsuit that is being prosecuted in China.
Determine which court will handle the case:
According to China’s civil procedure laws and Supreme Court opinions provisions, China’s jurisdiction for foreign related divorces are as follows:
1. When a Chinese citizen and foreigner request a divorce in China, the lawsuit should be submitted to the appropriate court with the proper jurisdiction outlined in the civil procedure laws.
2. When a Chinese citizen and foreigner request a divorce outside of China and the local court accepts the case, that court can make a ruling in accordance with its national laws.
