With more and more people going abroad in recent years, there have been a lot of transnational marriages. But once the marriage breaks down, divorce is a troublesome thing. Recently, a Chinese girl married a foreign boy, who is facing divorce difficulties, and the other party asked for a million yuan, which is just blackmail!
Xu Qian, a girl from Linzhou, fell in love with a Sri Lankan boy named gunalashina. Since then, she has opened a cross-border love. But because of the differences in language, region and living habits, she finally decided to give up the love. Xu Qian asked gunalashina in Saudi Arabia to divorce. Although gunalashina agreed to divorce, she asked Xu Qian to pay 1 million yuan Amount cost.
Although the case was tried by Linzhou court, it brought a lot of difficulties to the judge, including service and language problems. The judge entrusted a professional translation company from Zhengzhou to translate the summons, indictment and other contents into English and Sinhala. On January 7 this year, he mailed the address of kunarashna in Sri Lanka and Saudi Arabia 。 After a long wait of more than a month, the mail was finally signed by the man. On May 17 this year, the Linzhou court held a court session to hear the case. Xu Qian and his agent participated in the court session, and gunarashna did not attend the court session after legal summons. (this article is exclusively compiled by WYH, editor of sihai.com. If you need to reprint it, please indicate the source and source. Related article link: http://www.4hw.com.cn/life/zone.html)
Divorce was granted by the court. After the judgment was issued, the judge translated English and Sinhala versions of the judgment and mailed them to Sri Lanka and Saudi Arabia. At present, the judgment in this case has come into force. The judge reminded that with the continuous improvement of China's internationalization and the increasing number of cross-border marriages, on the surface, there are certain risks and helplessness behind the new trend of romance in cross-border marriage. Therefore, once we decide to marry foreigners, we must consider the differences in language communication, cultural differences, eating habits, children's education and other aspects. (this article is exclusively compiled by WYH, editor of sihai.com. If you need to reprint it, please indicate the source and source. Related article link: http://www.4hw.com.cn/life/zone.html)
According to the provisions of the Civil Procedure Law of the people's Republic of China and the opinions of the Supreme People's Court on Several Issues concerning the application of the Civil Procedure Law of the people's Republic of China, the principles of jurisdiction over foreign-related divorce proceedings in China are summarized as follows:
1. If Chinese citizens and foreigners want to divorce in China, they shall file a lawsuit with the people's court with jurisdiction in accordance with the relevant provisions of the Civil Procedure Law of China.
2. If Chinese citizens and foreigners ask for divorce outside China, the local court shall decide whether to accept it or not in accordance with its domestic law.
3. The people's court in the place where one of the Chinese citizens lives has jurisdiction over the divorce proceedings brought by either party to the people's Court of our country. If a foreign party brings a suit in a court of the country of residence and a domestic party brings a suit in a people's court, the national court of China has the right to accept the suit. If both parties are persons going abroad and one party files a lawsuit for divorce with the people's court, the party shall file a lawsuit with the people's court in the place where the party has its domicile before going abroad. (this article is exclusively compiled by WYH, editor of sihai.com. If you need to reprint it, please indicate the source and source. Related article link: http://www.4hw.com.cn/life/zone.html)
4. For overseas Chinese married in China and settled abroad, if the court of the country of residence refuses to accept the divorce proceedings on the ground that the divorce proceedings must be under the jurisdiction of the court of the place where the marriage is concluded, and the parties file the divorce proceedings with our national court, the people's Court of the place where the marriage is concluded or the last residence of one party in China shall accept them.
5. If both citizens are abroad but have not settled down, and one party files a lawsuit for divorce with the people's court, it shall be under the jurisdiction of the people's court in the place where the plaintiff or the defendant has his domicile.
6. If the court of the country where the overseas Chinese marry and settle down refuses to accept the divorce proceedings on the grounds that the court of the country where the nationality belongs, and the party files the divorce proceedings with the people's court, it shall be accepted by the people's Court of the place where the party originally resides or the people's Court of the last place of residence in the country.
On the application of law in divorce. Article 147 of the general principles of civil law of China stipulates that the law of the place where the court accepting the case is located shall apply to the divorce between Chinese citizens and foreigners. According to this provision, Chinese citizens and foreigners who apply for divorce in China shall be handled in accordance with the provisions of the marriage law of China; divorce cases of Chinese citizens and foreigners accepted by foreign courts shall be handled in accordance with the provisions of foreign laws. (this article is exclusively compiled by WYH, editor of sihai.com. If you need to reprint it, please indicate the source and source. Related article link: http://www.4hw.com.cn/life/zone.html)
Entrustment of divorce lawyer in foreign litigation
1. A divorce lawsuit filed by one party in China shall be entrusted in accordance with the civil procedure law and relevant laws.
2. A party who is abroad may entrust a lawyer to divorce without returning home.
One or both parties in a divorce case may entrust a lawyer to handle the divorce case on behalf of them without returning home. However, the party concerned must issue a power of attorney and opinion to the court. The power of attorney and opinion must be notarized by the local notary office, authenticated by our embassy or consulate abroad, or directly notarized by our embassy or consulate abroad). The opinions include written opinions on agreeing or disagreeing with the divorce. If the divorce is required or agreed, the notarized written opinions on the division of the relevant property and the support of the children shall be provided.