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How foreign divorce decree and mediation decision apply for the recognition of Chinese People’s Court?

www.gov.cn
Updated: Aug 21,2014 8:39 PM     

1.When a Chinese citizen applies to a people’s court for recognition of a divorce judgment of a foreign court, the people’s court shall not refuse to accept the application on the grounds that the marriage is not established in China. When applying for the recognition of a divorce judgment rendered by a foreign court without his or her presence, a Chinese citizen shall submit relevant documents certifying that the foreign court that has rendered the judgment has lawfully summoned him or her to appear before the court.

2.In the event that a foreign citizen applies for recognition of a divorce judgment of a foreign court, the people’s court shall accept the application if the former spouse of the applicant, who is involved in the said divorce judgment, is a Chinese citizen. If the former spouse is a foreign citizen, the people’s court shall refuse to accept the application but may notify the applicant to directly apply for remarriage registration with a marriage registration with a marriage registration office.

3.The people’s court shall accept the application filed by a party concerned for the recognition of a divorce mediation statement of a foreign court, and, pursuant to the Provisions of the Supreme People’s Court on Issues Concerning Acceptance by People’s Courts of Applications for Recognizing Divorce Judgments of Foreign Courts, conduct an examination and render a decision for recognition or non-recognition of the judgment.

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