As more and more foreign couples are migrating to China, the need for divorce lawyers to handle divorce cases is increasing. The decision of divorce is always difficult. One after deciding that they need to divorce the next big question is where and how they can do it.
Luckily, the government of China has made specific rules for foreigners called "Expats" to get a divorce in China. it is also valid, around the globe with minimum formalities.
What are prerequisites to filing a divorce in China
What are prerequisites to filing a divorce in China
One of the prominent questions is, "who are expats in case of divorce in China?" The couple needs to fulfil any one of the below-mentioned conditions before applying for an expat divorce in China:
1.The marriage is registered in China;
2.Either the wife or husband is a Chinese resident;
3.Either spouse has been living in China for at least one year;
4.If they have married outside China, they need to confirm that they mutually want to and the marriage and has been living in China continuously for at least a year.
2.Either the wife or husband is a Chinese resident;
3.Either spouse has been living in China for at least one year;
4.If they have married outside China, they need to confirm that they mutually want to and the marriage and has been living in China continuously for at least a year.
Note: Unlike other countries, there is no compulsory period of marriage like 1 year required to end the marriage. You can end your marriage on the very next day.
What documents do you need?
When you hire a divorce lawyer he will take care of all the proceedings and documentation required to be presented before the Chinese courts. He will himself draft the divorce agreement is in English and Chinese languages apart from preparing the couple to be presented in the court for the hearing.
In order to get the process started the couple seeking divorce should be well prepared with the following documents to complete the process in a shorter period.
In order to get the process started the couple seeking divorce should be well prepared with the following documents to complete the process in a shorter period.
- Certificate of Marriage;
- Your Passport;
- Foreign Expert Certificate or work permit;
- Forms of Police Registration;
- Birth Certificate(s) (minor children);
- Ownership Certificate(s) (if you own real estate).
A new copy of original certificates can be ordered from the concerned department if needed.
Note: In order to handle the divorce case in China your divorce lawyer needs to present the original marriage certificate. You can obtain this certificate from the concerned state or provincial government.
Jurisdiction of divorce in China
Jurisdiction of divorce in China
If you believe that your marriage is no more sustainable, you can just file for divorce in China on the very next day of the marriage. A divorce declared by Chines court is valid in almost all the countries around the world.
Depending upon the circumstances, the court may suggest reconciliation. Possibilities of Chinese court accepting the divorce application depends upon the facts and figures and may vary on case to case basis.
Conclusion
Conclusion
If you are also an Expats i.e. a foreigner living in China with a work permit, you can also move to your own country. But getting a divorce in China easy and fast. All you need to do is just to hire a divorce lawyer who can guide through the process. The process can be completed within 3 to 6 months depending upon the complexities of the case.
