A Brief Introduction on Several Items When Chinese Divorce Lawyer Representing in Divorce Cases for

• Time：2018-01-05
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A Brief Introduction on Several Items When Chinese Divorce Lawyer Representing in Divorce Cases for Foreign Client
1. If the parties are abroad, notarization and authentication procedures should be carried out with respect to client's identity certificates and letter of power of attorney. However, in fact, many countries do not have the two procedures of notarization and certification. For example, some countries only have notarization and some have authentication procedure. In this regard, the lawyer needs to consult with the related court and to convince the judge for case acceptance.
2. If an overseas client entrusts a relative or friend in China for hiring a lawyer to handle the overseas client’s divorce matters, including signing a lawyer's entrustment agreement and paying the related fees, the entrustment between the overseas client and his/her domestic friend/relative shall also be notarized and authorized.
3. The lawyer needs to first verify with the local court for the jurisdiction issue. For some foreign-related cases, the relevant courts may be unwilling to accept such case, especially when such court has less experience in such case. Therefore, it is advised that a lawyer should investigate before accepting the case about whether the local court is willing to accept the case.
4. Special representation power shall be required for the entrustment. Domestic divorce cases do not require special authorization, but for those clients located outside China special representation power is needed.
5. Proceed with notarization and authentication formalities in advance, because the period for providing evidence is relatively short but the materials formed outside China shall be notarized and authenticated. As a result, it is recommended to commence the notarization and authentication procedures for the necessary evidences as early as possible.
6. The foreign client shall be aware of the restrictive measure where the domestic party may apply for restricting the foreign party to leave China before the procedure is completed and the verdict is enforced. 
7.  In related child support case, the one-time payment approach of child support fee may be claimed. Unlike the domestic case where the court would only rule that the parent to pay child support fee month by month, the court may grant such one-time amount claim against foreigners since the foreigner may leave China forever.