Enquiring knowledgeable people Inquisitive education Hospital Treasury

How to determine the jurisdiction court of foreign-related divorce proceedings

home page

How to determine the jurisdiction court of foreign-related divorce proceedings


        

Submit answer
Favorable reply
  • 2024-06-27 06:00:01

    According to the provisions of the Civil Procedure Law of the People's Republic of China and the Opinions on Several Issues Concerning the Application of the Civil Procedure Law of the People's Republic of China, the general principle of the jurisdiction of our country in dealing with foreign-related divorce cases is that our courts accept foreign-related divorce cases, take the plaintiff to be sued, the defendant has a residence or residence in our country, or the defendant does not live in our country, However, if the plaintiff has a domicile or residence in China, the Chinese court has jurisdiction. In addition, there are some specific provisions as follows:
    1、 If one Chinese citizen lives abroad and the other one lives in China, the people's court of the place where the domestic citizen resides has jurisdiction no matter which party files a divorce lawsuit with the people's court. If the foreign party brings a lawsuit in the court of the country of residence and the domestic party brings a lawsuit in the people's court, the people's court to which the lawsuit is filed has jurisdiction.
    2、 If both Chinese citizens have not settled down abroad and one of them files a divorce suit with the people's court, it shall be under the jurisdiction of the people's court in the place where the plaintiff or defendant originally resided.
    3、 If Chinese citizens and foreigners demand divorce in China, the people's court in the place where the Chinese citizens have their domicile shall have jurisdiction; If a foreigner brings a lawsuit in his own court, and a Chinese citizen lodges in a people's court, the people's court to which the lawsuit is filed shall have jurisdiction.
    4、 If both spouses are foreigners or stateless persons who want to divorce in China, the people's court has jurisdiction over the case when it determines that the domicile or residence of one of the parties is in China.
    5、 After marriage in China, if the court of the country of residence of an overseas Chinese residing abroad refuses to accept the divorce action on the grounds that the divorce action must be under the jurisdiction of the court of the place where the marriage was concluded or the court of the country of nationality, the party concerned shall file a lawsuit to the people's court, which shall be under the jurisdiction of the people's court of the place where the marriage was concluded or the last residence of one party in China.
    6、 If the court of the country of residence refuses to accept the divorce proceedings of overseas Chinese married abroad and settled abroad by both parties on the ground that the divorce proceedings must be under the jurisdiction of the court of the country of nationality, if the parties file divorce proceedings with the people's court, it shall be under the jurisdiction of the people's court of one party's original residence or the last residence in China.

    W***

    2024-06-27 06:00:01

  • civil Relevant knowledge

  • law

Related recommendations

Loading
Latest Q&A Recommendation Hot topics Hot spot recommendation
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
  • 1-20
  • 21-40
  • 41-60
  • 61-80
  • 81-100
  • 101-120
  • 121-140
  • 141-160
  • 161-180
  • 181-200
return
Top
help opinion
feedback

Confirm to report this problem

Reason for reporting (required):