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How to sue for divorce in foreign-related marriage

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How to sue for divorce in foreign-related marriage


        

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  • 2024-06-26 16:00:03

    First of all, a party abroad, whether as a plaintiff or a defendant, generally does not make a special trip to China to participate in the proceedings. Most of them entrust one or two agents to act as divorce agents. The entrusted agent must submit the power of attorney written by the party concerned. According to the provisions of the Civil Procedure Law, the power of attorney sent from outside the territory of China should be certified by the notary office of the country where it is located, authenticated by the embassy or consulate of the People's Republic of China in that country, or go through the certification procedures specified in the relevant treaties between the People's Republic of China and the country where it is located before it becomes effective. Therefore, the legality of the power of attorney should be carefully examined when filing and hearing the case. It should be noted that the agency authority of agents in such cases is different from that in ordinary divorce cases: the agency authority of agents in ordinary divorce cases is general agency; In the case of foreign-related divorce, the power of attorney of one party abroad can be special authorization. During the court hearing, the parties to an ordinary divorce case, even if they have entrusted an agent, should generally still attend the proceedings in court; In the case of foreign-related divorce, if a party abroad has specially authorized an agent, he or she may not appear in court. Secondly, if a party to a foreign party needs to entrust a lawyer to represent him in litigation, he must, in accordance with the provisions of the Civil Procedure Law of China, only entrust a lawyer of the People's Republic of China. Thirdly, when a party in China files a divorce lawsuit against a party who is not in China, and the party in foreign countries is missing or the court is unable to serve litigation documents, service can also be announced. However, it is different from ordinary divorce cases in that the service period of announcement for foreign-related divorce cases is 6 months, while that for ordinary divorce cases is 60 days. In addition, the defense period and appeal period are also different: if the defendant is abroad, the defense period is 30 days, that is, the defendant submits the defense within 30 days after receiving the copy of the indictment; In ordinary divorce cases, the defendant's defense period is 15 days according to the provisions of the Civil Procedure Law. The appeal period is also different: if a party abroad refuses to accept a judgment or order of a people's court of first instance, he has the right to appeal within 30 days from the date of service of the judgment or order, and the appellee shall submit a defence within 30 days after receiving a copy of the appeal petition; In ordinary divorce, if the party refuses to accept the judgment of the court of first instance, he or she has the right to appeal within 15 days from the date of service of the judgment, and the appellee has the right to submit a defense within 15 days from the date of receiving the copy of the appeal petition.

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