Both spouses were Chinese(2)

2020/3/26

Question: Both spouses were Chinese, and they registered for marriage abroad. After that, the two spouses joined foreign nationality and divorced in a foreign court. Can Chinese courts recognize their divorce judgment?

The answer is No:

To apply to a Chinese court for recognition of a divorce judgment made by a foreign court, one must be Chinese or both spouses are Chinese. If both spouses are foreigners, the Chinese courts will not accept their divorce judgments made by foreign courts.

Even if they were Chinese, Chinese courts will not accept their divorce judgments made by foreign courts due to their foreign nationality.

Question: Both spouses were Chinese, and they registered for marriage abroad. After that, one spouse joined a foreign nationality. Then, they divorced in a foreign court. Can the Chinese court recognize its divorce judgment?

The answer is following:

To apply to a Chinese court for recognition of a divorce judgment made by a foreign court, one must be Chinese or both spouses are Chinese. In this case, Chinese courts can recognize their divorce judgments made by a foreign court as long as the corresponding conditions are met.

A divorce judgment made by a foreign court that has a judicial assistance agreement with China can be applied for recognition in accordance with the provisions of the agreement.

For a divorce judgment made by a foreign court that has no judicial assistance agreement with China, the spouse who has Chinese nationality can apply to the people's court for recognition of the divorce judgment in accordance with the Provisions on the Application of Chinese Citizens to Appeal the Divorce Judgment of Foreign Courts.

Question: Both spouses are Chinese. They registered for marriage abroad. Can they sue for divorce in Chinese courts?

The answer is yes.

In this case, the Chinese courts often accept such lawsuits. However, the marriage certificate issued abroad must be notarized and submitted to the Chinese court to prove the marriage relationship between spouses.