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Foreign divorce case under jurisdiction of Peoples Court in China

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According to PRC Civil Procedure Law and other related rules or explanations, the divorce case shall be under the jurisdiction of the people’s court at the place where the defendant has his domicile or residence. Furthermore, the people’s courts also have jurisdiction, when the defendant does not have his domicile or residence within the territory of China, but the plaintiff has his domicile or residence within the territory of China.

1One foreigner and one Chinese citizen Marriage

Either party could bring the divorce case to people’s court at the place where the Chinese citizen has his domicile or residence.

2Both foreigners Marriage

When one foreigner has been lived in China for more than one year and the residents’ committee would like to provide a certificate for his habitual residence, the other one could bring the divorce case in China. However, this kind of cases is not common in China and the law is also very vague in this part, so some of the primary court may refuse to accept it.

For foreigners who want to bring divorce case in China shall also think about the international treaty between China and his own country, some countries may not admit the divorce verdict from People’s Court in China.