International Divorce Procedure under the Chinese Laws (I)

2020/3/26

Question: What materials do foreigners need to submit in order to file a divorce in a Chinese court?

The answer is following: The materials that foreigners need to submit for divorce in China include the following:

(1) The identity document of the plaintiff, such as passports, which generally require the notarization and certification procedures in the host country;

(2) The marriage certificate of the spouses, such as the marriage registration certificate, which requires the notarization and certification procedures in the host country;

(3) If the spouse entrusts a special power of attorney for a domestic lawyer, such authority documents need to go through the notarization and certification procedures in the host country;

(4) If the foreign spouse is the plaintiff, it is necessary to submit the indictment to the domestic lawyer or other agent after notarization and certification. If the foreign spouse is a defendant, it is necessary to write a divorce declaration, which clearly states the attitude towards divorce and the determination of child support and property division. After the notarization and certification of the host country, the entrusted agent can refer it to the court.

Question: If the foreigner is suing a divorce in a Chinese court, is it necessary to hire a Chinese lawyer? How can the foreigner hire a Chinese lawyer?

The answer is following: Foreigners are not required to hire a lawyer to sue for divorce in China. However, only Chinese lawyers can be hired, and foreign lawyers can only act as legal agents.

When the foreigner entrusts a Chinese lawyer to represent a lawsuit, a power of attorney sent or entrusted abroad shall be certified by the notary office of the host country and certified by the Chinese embassy or consulate or fulfilled by China and the host country. The documents are in force only after the certification procedures.

If a foreigner signs a power of attorney under the witness of a judge of the Chinese court and entrusts an agent to conduct a civil lawsuit, the Chinese court shall recognize it.