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How should the legal effect of foreign-related marriage be

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How should the legal effect of foreign-related marriage be


        

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  • 2024-06-25 14:01:04

    According to the general principles of China's civil law and marriage law, the validity of marriage should be based on the premise that it conforms to the laws of the place where the marriage is concluded. As long as the marriage is legal at the place where the marriage is concluded, the courts in China generally recognize its legitimacy, but the courts in China require that the marriage certificate registered in foreign countries be verified, which is specifically reflected in the following aspects:
    1. Certification procedure of foreign marriage certificate The party concerned notarizes the marriage certificate registered abroad in the country (a notary office or a lawyer firm with notary power in the country), and then goes to the Chinese embassy or consulate in the country for certification
    2. The certification procedure of the marriage certificate in Taiwan is first notarized by the notary office in Taiwan. The Taiwan notary office sends the copy of the notarial certificate to the Shanghai Notary Association, and the mainland party brings the copy of the notarial certificate to the Shanghai Notary Association for certification
    3. The certification procedure of the marriage certificate in Hong Kong shall be notarized by a notary lawyer designated by the Ministry of Justice of China, and then go to China Legal Services Hong Kong Company to seal the transfer
    4. The certification procedure of marriage certificate in Macao is notarized by the Chinese Legal Service Macao Company to review the effectiveness of foreign-related marriage. If a foreign-related marriage conforms to the laws of the place where the marriage was concluded, the Chinese court will generally determine that the marriage is legal. After all, the foreign-related marriage is different from domestic marriage, so it must be troublesome to deal with it
    2、 How to apply the law to foreign-related marriage is the prerequisite for foreign-related divorce cases. According to Article 147 of the General Principles of the Civil Law of the People's Republic of China, when Chinese citizens divorce foreigners, the law of the place where the court that accepted the case is applicable

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