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anonymous
Q: Can a non-Chinese married couple who got marred in another country get a divorce in China?
12 years 23 weeks ago in Relationships - China
I'm not a lawyer BUT it is my understanding that you need to file for divorce in the country you married (legally) because that is where your marriage license was filed.
If both are non-Chinese, maybe you could if both here and do have a residennce permit from PSB, but to be absolutely sure, you should talk to a local lawyer, I am not a lawyer either.
Now, if one was Chinese, and the other not, the Chinese one could file for divorce at the local Court, claim you abandon her or the country and can not be found, and she will get it without you knowing a thing about it, even if the marriage took place abroad.
I dont think you can settle it here....
HappyExPat:
Localla: Trust me, because that happened to me just exactly like I said it. I was divorced in 2004 in Guangzhou by a Court there, without me finding out, not getting a piece of paper either.
I think you can only divorce in your home country or the country you got married. Even if you did get a divorce in China, your home country might not recognize it and cause you issues with any home country benefits (ie social security) you might be entitled to.
yes you can get divorced outside of your country, most countries offer a do it your self set of documnets that you only need both parties to fill in and then get a local lawyer to sign them for you. Very easy as long as there are no property issues.
I am also not a lawyer, but from the little I know about law, is that very often a judge in a foreign country would consider the divorce registration according to international private law or local law depending on the situation of the couple.
For instance:
1) if A (Chinese) wants a divorce with B (foreigner) and both are residing in China and file the divorce registration in China, Chinese law should normally apply.
2) if A (Chinese) wants a divorce with B (foreigner) and both are residing for instance in UK, and file the divorce registration in UK, then common law should normally apply.
3) if A and B are foreigners and both are residing in China and file the divorce registration in China, international law should normally apply. However, it's possible that a judge doesn't exactly know which international law to apply in that case. An American couple was filing a divorce here in China, and the guy told me it was a nightmare....
In case, you better asked information not only to a lawyer here in China, but also in the country where both of you got married.
