Both spouses were Chinese(1)
2020/3/26
Question: Both spouses were
Chinese, and they got
marriage in China. After that, one or both spouses joined the foreign
nationality. Can they sue for divorce in China?
The answer is following: In most cases, Chinese courts
will accept such lawsuits.
Although one spouse has joined the foreign nationality,
the Chinese court will accept the divorce lawsuit because the other is still
Chinese.
If both spouses have joined foreign nationality, the
Chinese courts will conditionally accept divorce lawsuits between them. This
condition is that one spouse needs to submit the decision of the foreign court.
The decision must indicate that the foreign court cannot accept this lawsuit
because such divorce lawsuit should be subject to the jurisdiction of the court
of marriage.
In the condition that both spouses have joined foreign
nationality and they are unable to submit the decision of foreign court to the
Chinese court, the Chinese court may accept the lawsuit because one or both spouses
have frequent residence in China.
Question: Both spouses were Chinese, and they got marriage in China. After that, one spouse joined the
foreign nationality. Will the Chinese court recognize the divorce judgement of
the foreign court?
The answer is yes. However, the spouses should apply for
recognition.
For divorce judgments made by foreign courts which have
judicial assistance agreements with China, the spouses need to apply for
recognition in accordance with the provisions of the agreement.
If the foreign
court which made the judgement has no judicial assistance agreements with
China, the spouse who has Chinese nationality can apply for recognition in
accordance with Provisions on Chinese Citizens' Application for Recognition
of Foreign Court Divorce Judgment Procedures.
In conclusion, as long as one spouse is Chinese, the
spouses can apply for recognition of divorce judgements made by foreign courts.
Question: Both spouses are Chinese, and they have registered marriage in China. After that, both spouses
joined foreign nationality. Will Chinese courts recognize the divorce judgement
made by the foreign court?
The answer is No.
Chinese courts only recognize the judgements made by
foreign courts in condition that at least one spouse is Chinese. If both
spouses are foreigners, Chinese courts will not accept the application.
If the spouses who were Chinese joined the foreign
nationality, Chinese courts will not accept their application for recognition
of judgement made by foreign courts.