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What happens if one or both parties are unable to return to China for divorce proceedings?

  • Time:2019-02-12
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First of all, if it is inconvenient for a plaintiff to return for divorce proceedings, the divorce agreement, marriage certificate, identification information, and power of attorney letter may be entrusted to a relative or lawyer that is in China that will act as agent on the plaintiff’s behalf during litigation.

Second, if a defendant is unable to return to China for the divorce proceedings and both parties are able to mediate the divorce, a relative or lawyer can be entrusted to represent them during litigation. There are some things that the defendant must be mindful of:

1.                      The defendant must go through the proper formalities to entrust an agent. This must be authorized and certified in the foreign country and sent back to China in order for the agent to act on the defendant’s behalf during litigation.

2.                      The defendant must apply for authorization in the foreign country so that the agent in China can accept the responsibility to be a representative in court and for signing legal documents.

3.                      The defendant must submit a written divorce will statement that clearly expresses their wishes for the divorce including rights to children and division of property. It should be notarized and sent to the court or representing agent in China.

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