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How to determine the competent court in XX divorce

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How to determine the competent court in XX divorce


        

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  • 2024-06-25 20:01:42

    It is established according to the following principles:
    1. If an overseas Chinese married in China and settled abroad is not accepted by the court of the country of residence on the ground that divorce proceedings must be under the jurisdiction of the court of the place where the marriage was concluded, and the party concerned files a divorce lawsuit with the people's court, it shall be under the jurisdiction of the people's court of the place where the marriage was concluded or where one party last resided in China.
    2. If an overseas Chinese married abroad and settled abroad is rejected by the court of the country of residence on the ground that the divorce proceedings must be under the jurisdiction of the court of the country of nationality, and if the party concerned files a divorce lawsuit with the people's court, it shall be under the jurisdiction of the people's court of one party's original domicile or the last residence in China.
    3. If both Chinese citizens have not settled down in a foreign country and one of them files a lawsuit for divorce with a people's court, it shall be under the jurisdiction of the people's court of the original domicile of the plaintiff or defendant.
    2、 The procedure for overseas Chinese to sue for divorce Both parties can directly return to China to handle divorce proceedings. If they do not want to return to China, both parties can respectively hire agents in China to give special authorization to the agents, but the authorization procedures should be notarized at the Chinese embassy or consulate in the local place. According to the provisions of the Civil Procedure Law, The power of attorney mailed or entrusted by citizens of the People's Republic of China residing abroad must be certified by the embassy or consulate of the People's Republic of China in that country; If there is no embassy or consulate, it shall be certified by the embassy or consulate of a third country stationed in that country that has diplomatic relations with the People's Republic of China, and then transferred to the embassy or consulate of the People's Republic of China stationed in that third country for certification, or by the local patriotic overseas Chinese organization. Then the agents of both parties can go through divorce proceedings for both parties in China. If both parties have reached an agreement on divorce, property division and child rearing, they can handle the uncontested divorce through the Chinese court. In addition to the notarized documents authorized above, the following notarized and certified documents shall also be submitted: the original or copy of the identity documents of both parties and their children; The plaintiff's statement of complaint, the defendant's statement of defense, the divorce agreement reached by both parties, and relevant property evidence. If both parties fail to reach an agreement on divorce and other issues, they can apply for litigation divorce through the court. In addition to notarizing and authenticating the above authorization procedures, identity documents, bills of complaint and defense, the evidence from abroad should also be notarized and authenticated. The parties concerned shall provide documentary evidence or explanatory materials in foreign languages to the people's court, which shall be accompanied by a Chinese translation.

    y***

    2024-06-25 20:01:42

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