Recognizing the Judgement Made by Foreign Court (I)

2020/3/26

Question: Can foreign marriage registration be recognized in China? How to apply for recognition?

The answer is following:

If the various elements of the marriage are in line with the provisions of the law on the place of marriage, such marriage may be recognized in China. However, it shall not violate the basic principles of public order and law in China. Otherwise its effectiveness will not be recognized by China.

The relevant departments of the domestic government (including the courts) will require the spouses to carry out the notarization and certification procedures for the foreign marriage certificates. That is, the documents issued abroad need to be notarized by the notary of the host country, and then certified by the Ministry of Foreign Affairs of the country. Finally, it shall be notarized by Chinese embassies and consulates. After the above procedures, foreign marriage certificates can be recognized and effectively used domestically.

Question: What materials should foreigners submit to the Chinese court to recognize the divorce judgment made by a foreign court?

The answer is following:

To apply to the people's court for recognition of the divorce judgment made by a foreign court, the applicant shall submit a written application and must attach the original copy of the foreign court's divorce judgment and a certified Chinese translation. Otherwise, the court will not accept it.

 Question: The Chinese court refused to recognize the divorce judgment made by the foreign court. Can the applicants appeal?

 The answer is No.

The people's court examines and approves the application for a foreign court's divorce judgment, which is composed of three judges and is not subject to appeal. After the application is rejected, no further application can be made, but the divorce may be filed separately with the people's court.