Divorce Registration betweenChinese and Foreigners

(By Ningning Zhao)

As an international metropolis, there is an increasingrate of international marriages-between Chinese and foreigner, as well asforeigners, meanwhile, international divorces are also on the rise. As a resultof different culture backgrounds, language barriers, discrepancies in lifestyles, thinking and conception, and so on, both parties can’t acclimatizehimself or herself to the other’s which is always leading to the mutual affectionno longer existing.

As a way of divorce, divorce by agreement is popularif both of the parties can reach an agreement on related matters involved indivorce.

Mr. M from US. And Ms. W from Henan Province ,Chinagot their divorce certificate at the office of Foreign Related MarriageRegistration, Zhengzhou Municipal Civil Administration Bureau, Henan Province.

During the course of dealing the foreign relatedmarriage cases, there are several points you should pay attention to in caseyou have to face up to the facts.

I. Whois entitled to deal with foreign related divorces registration in China?

In China, only the couples married (getting themarriage certificate through registration) in China, can their agreementdivorce through registration be settled in China. Generally, only one foreignrelated marriage registration office is established in the capitals ofprovinces or municipalities directly under the jurisdiction of centralgovernment who is responsible for all foreign related marriages registration.

II.Documents Involved in the Process of Divorce Registration

According to the requirements of the office of ForeignRelated Marriage Registration, Zhengzhou Municipal Civil Administration Bureau,Henan Province, the documents required while applying for the divorceregistration are as followed:

i. Foreign party’s originalpassport and original marriage certificate (the foreign related marriageregistration office will keep the photocopies of the two),

ii. Chinese party’s originalIdentification Card, original census register book (Hukou Bu) and originalmarriage certificate (the foreign related marriage registration office willkeep the photocopies of the three)

iii. Three copies of divorceagreement reached by both parties respectively in Chinese and English version,and the English version should be translated by specially appointed translationorganization, with the organization’s seal and both the two versions are sealedby the stamp of the special appointed translation organization.

iv. Two two-inch photos ofeach other (half-length, full-face and without hat)

v. Nine Yuan RMB

III. Procedures to DivorceRegistration

i. Submitting the documentsfor the preparatory examination,

ii. Accepting theapplication if the documents submitted is up to the requirements formally,

iii. Censoring the documentsand the will of two parties and asking the two parities to fill the divorceapplication (mainly involved in basic information about both parties),

iv. Confirming the divorceif all documents are up to all requirements and on the basis of both parties’free will

﹡Beforeissuing the divorce certificate, the both parties will be required to sign thedeclaration on the declaration paper to confirmation they have agreed anddecide to divorce.

IV. The Function of a LawyerDuring the Course of Divorce Registration

Although both parties have reached the agreement ondivorce, property division, children maintenance, and some other relatedmatters involved in divorce, however, it is possible for either party to changeher/his decision before the divorce certificate is issued by the foreignrelated marriage registration office. In the process of dealing the foreignrelated divorce cases, we’ll encounter various situations that we can notexpect in advance. Especially if one party is eager to end the marriage withoutany affection, using this kind of urgent mind, the other party will demand moreproperty.

As a lawyer, before signing any document, a lawyershould negotiate with the other party from the point of intermediation equallyand offer some effective measures for the parties’ reference.

While, when they have reached the divorce agreementand decided to go to the marriage registration office to apply for the divorcecertificate, the lawyer should direct the parties to sign some relateddocuments and apply for that. Once some urgency occurs during the course of thecase, the lawyer will help the parties keep calm. And at this time, one partyusually use the other party’s mind of eagering to divorce to demand moreproperties when divorce, at this time, the lawyer will tell the party relatedlegal result and legal risks.

Anyway, during the course of the preceding divorceregistration, the lawyer as an instructor will help the two parties reach anfruitful divorce agreement and give them a direction in the proceeding thedivorce registration.

（ZhaoNingning: Claudia@familylawcn.com  www.familylawcn.com）

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