By continuing you agree to eChinacities's Privacy Policy .
Sign up with Google Sign up with FacebookQ: Can you get a Divorce without meeting the Ex just sign papers and mail ?
If you are in one City and she is in another can the papers still be signed and then sent to the office?
11 years 51 weeks ago in Relationships - China
Divorces in China, when one partner is a foreigner, have to be done in Court, not at the Marriage Bureau like if both were locals. With that said, 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.
So, it is my guess that if both are in agreement to get a divorce, and request it by mutual agreement, and with a signed document in how to distribute any assets that may have been acquired, you may not have to be physically present in Court. At worst, you may be required to have a lawyer representing you, do.
What happy says is for the most part correct. Foreign Couples may indeed go to the registration place of the wife or husbands capital home town if it's mutual and doesn't require any fighting over seperation of assets. If, however, there are qualms over who gets what than civil court you will go, and this is really typical for most Chinese think because they are in their home country, they deserve everything. I will give you a heads up, the laws between Chinese to Chinese and Foreigner to Chinese are the same, 50% of all assets will be divided equally if marriage has lasted longer than 5 years. If the marriage is less than, the assets are not split and you keep whats in your account only, unless the account is not shared, then the fighting begins. A lot of Chinese to Foreign marriages will not have joint accounts, leaving the money in Limbo until the courts can decide how to sort the money, this will help if the man or woman can verify how the money was earned and how much was earned. Be warned though for the Chinese can also transfer money into a family members account and say that they had no funds or little funds in their account.
We both agree no assets to worry about her house She is in Nanchang I am in Beijing
Just don't want to go there if it can be done by just signing paper...there is no argument
Sorry Mr. Popular but you will have to go to the capital of her province to get this procedure done. The only other way is to wait two years and in that case she may call it abandonment