China's marriage laws at a glance

According to the Civil Law of China, marriage of a Chinese citizen to a foreigner is bound by the law of the locality where the marriage takes place. A divorce is bound by the law of locality where a court accepts the case.

Certifications both parties need to produce for a marriage registration involving a foreigner:

Foreigners coming to China to get married with a Chinese citizen shall possess certification provided by the notary office of his or her country of residence that is authenticated by the foreign ministry of that country as well as the Chinese embassy or consulate to prove the applicant has no spouse.

Courts with jurisdiction over divorce proceedings:

Divorce proceedings of a Chinese citizen and a foreigner can be handled in a court in China or in a court in the foreign country that accepts the divorce case. When the couple requires a divorce within China, the court of the locality where the Chinese citizen has his or her residence shall have jurisdiction. When they require a divorce that is not within China, acceptance of the case is determined by that court according to its domestic laws.

Certificates and documents in handling a divorce registration:

According to the regulation on marriage registration, for a registration of divorce, a foreigner should produce the following documents and materials:

- Valid passport and other valid international travel credentials

- Marriage certificate;

- Divorce agreement signed by both parties. The divorce agreement shall specify that both parties are willing to divorce and have reached a consensus on child custody, property and debt handling.

Compensation to parties involved in divorce:

The Marriage Law of China provides that the person not found liable for the divorce can claim compensation of damages from the party at fault. For instance, if the court discovers extramarital affairs at play, the party not at fault may get compensation.

Child custody

Chinese laws should be applied in dealing with child custody issues in divorces involving foreigners. According to the Marriage Law of China, the case should be resolved to create the best protection of the rights and interests of the child, his or her physical and mental health and development. In handling the problem, it's better to ask and respect the opinion of the child as to whether he or she would prefer to live with the father or mother if the child possesses that cognizant ability.

Divisions of property

When a property dispute is involved in a divorce, it may not be fully resolved in divorce proceedings because the court handling the divorce can only preside over the real and personal properties in the city or country where the court is located. As to real property outside the court's jurisdiction, both parties shall resolve the dispute at the locality of the real property under question.

China Legal Publicity Center provided this article.

For more information, log onto http://english.legalinfo.gov.cn/

(China Daily 12/15/2015 page4)