跟外国人离婚怎么办理How to divorce between a Chinese and a Foreigner?
跟外国人离婚在哪里办理?
怎么去法院起诉离婚?
可以异地法院起诉离婚吗?
和外国人办理离婚方法如下:
(一)在协议离婚的情形下,在中国,中方须提交:
1、本人的户口簿、身份证;
2、本人的结婚证;
3、双方当事人共同签署的离婚协议书。
外国人还应当出具本人的有效护照或其他有效国际旅行证件。
(二)采用诉讼离婚方式,在中国,要根据《民事诉讼法》第二十三条规定:对于不在我国领域内居住的人提起的有关身份关系的诉讼,由原告住所地人民法院管辖;原告住所地与经常居住地不一致的,由原告经常居住地人民法院管辖。即与外国人离婚,可向本人住所地人民法院提起诉讼。如果由中国人民法院受理,则适用中国法律。境外一方所寄交的诉讼文书须经驻在国或当地的公证机关公证,并经我驻该国使领馆认证或司法机关认可的其他机构出具的证明,人民法院才能受理和审理。
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The General Principles of the Civil Law of the People's Republic of China, Article 147, also set forth the principle that a divorce shall be bound by the law of the place where a court accepts the case. According to the Marriage Law of People's Republic of China, if both partners of a marriage seek a divorce voluntarily, they may go to the appropriate marriage registration office to file the registration for divorce. If one of the partners requests a divorce and the other does not agree, the former can then file a divorce suit with the court. But registration for divorce with the marriage registration office is not applicable to a foreign-related marriage. All cases of divorce in China concerning a foreign-related marriage must be filed with the court. In order for the Chinese court to accept such a case, at least one of the partners of the marriage must either have Chinese residency and be physically present in the territory of the People's Republic of China or have resided continuously in China for at least one year. Provided the above requirement is met, in case the other partner of the marriage resides outside China, the one requesting a divorce may file a divorce suit with the intermediate people's court in the place where he or she lives, or where his or her residency is registered. Otherwise, if the partner requesting a divorce lives overseas, he or she may file the suit with the intermediate people's court in the place where either the other partner of the marriage lives or that partner's residency is registered.
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如果是上海居民与外国人离婚,参照上海民政局下述规定:
Divorce registration between Shanghai residents and foreigners, overseas Chinese, residents from Hong Kong, Macau or Taiwan
Item explanation
1. Item
Administrative confirmation on divorce registration for married couples between Shanghai residents and foreigners, overseas Chinese, residents from Hong Kong, Macau or Taiwan with marriage registered in mainland China
2. Legislative base
Marriage Law of the People's Republic of China (April, 28, 2001)
Marriage Registration Regulations (August 8, 2003)
3. Qualifications for acceptance
1). Two parties must be divorcing of their own free will
2). Two parties must have reached agreements on child raising, property and liability
3). The marriage registration of the two parties must be done in mainland China
4). Both parties must have full capacity for civil conducts
5). Both parties must go to Shanghai Municipal Marriage Registration Center together to apply for divorce and obtain a divorce certificate.
4. Application material
Shanghai resident:
1). Hukou booklet and ID card
2). Marriage certificate
3). Divorce agreement
Resident from Hong Kong, Macau and Taiwan:
1). Effective pass and ID card
2). Marriage certificate
3). Divorce agreement
Foreigner, overseas Chinese:
1). Effective passport or other international travel pass
2). Marriage certificate
3). Divorce agreement
Tip: Each should submit two recent two-inch, hatless pictures (size 3.5×4.5 cm).
5. Acceptance department
Shanghai Civil Affairs Bureau Marriage Registration Center
6. Procedures for registration
An initial check (on ID cards and marriage certificates), then submit them for approval (filing divorce application claim and divorce agreement), evaluation and registration (issuing divorce certificate).
7. Registration time
A divorce certificate will be issued immediately if the certificates and documents are effective and complete and the divorce fully complies with relevant regulations. Divorce registration will be refused if the divorce fails to comply with relevant regulations, and a written explanation will be issued.
8. Charges
A basic cost to cover labor and materials of 10 yuan will be charged for each couple.