How do foreigners handle divorce matters in China? Well, if you’re a foreigner, you should hire a skilled Chinese family lawyer in Sydney to file a divorce in China. Whether you’re a foreigner married to a Chinese citizen or a Chinese citizen living overseas, getting a divorce in China is tough without a Chinese lawyer. As per PRC laws, no foreigners can practice in China. Hence, it’s a must to recruit a professional and experienced family lawyer in China.
But is it easy to get a divorce in China? It comes with tonnes of things. There’re different types of laws and rules to get a divorce in China, especially when one party is a foreigner. So, it’s essential to know everything before filing for a divorce in China. Want more information? Let’s discuss more about that in the below blog post.
How to divorce your Chinese spouse as a foreigner in China?
These days there’re a lot of foreigners marrying Chinese citizens. But due to many reasons like culture shock, personality clash or living habits, many international relationships witness divorce. Well, as a foreigner, it can be a hectic situation in China. But well, hiring a professional attorney can assist you with that.
There’re 2 ways you can divorce your Chinese spouse. Here’re them,
1. Divorce by negotiation:
i) If your marriage is registered in China, then you should go to the same registry office to apply for the divorce.
ii) This is the fastest way to get a divorce without wasting any time.
But you can only do that when both of you have agreed to the divorce, child support and property severance.
2. Divorce by litigation:
If the negotiation process doesn’t go well, then there’s only one way to get a divorce. And that’s by filing a divorce petition in court. But for that, you need to find the court that has jurisdiction over your case. According to PRC’s law of civil procedures, the simple rule to find the court is the location of the respondent’s domicile. It’s known as ‘Hukou’ in Chinese. But what if you left Hukou years ago? Well, in that case, the court at your residence (where you’re staying for more than 1 year) will be in charge of handling the case.
After you find the right court, file your divorce petition there. If you’re living in China, then you’ve to go to the court yourself with the petition papers and the passport to register the case. If you’re outside of China, you’ve to certify and notary all the documents (petition paper, formal opinions on divorce from your end and power of attorney). You must ensure that all the certifications have been done by the Chinese Embassy in the country you’re living in. Hence, you should contact the embassy to ensure about the procedure before filing the divorce petition.
Once done, it’ll take around 1 month after the petition is filed for the court hearing or session to hold a substantial trial. The court will decide whether your relationship is completely broken or there’s still some chance to restore it. Alongside that, the court will also check how many joint properties are there and who’ll get the custody of your child/ren (if you’ve any). Often, it may take 2 or 3 court sessions to reach a decision.
After both you and your Chinese spouse present all the evidence and rest all your cases, the court will come to a decision. If the court rejects your divorce petition, you can again file for a divorce after 6 months of the ruling. Sometimes, foreigners have to file 2-3 times to get a divorce.
Bottom line,
As a foreigner, it’s tough to get a divorce in China. No matter if you live overseas or in China, you need to follow a lot of procedures to get out of the marriage. But having a professional Chinese family lawyer in Sydney by your side can help you with that. We hope the blog post can give you an insight into that.
