Shanghai Nuo Di Law Firm believes that Shanghai court has jurisdiction over the divorce case of foreign couples

 2018-08-14  1451


Shanghai Nuo Di Law Firm believes that Shanghai court has jurisdiction over the divorce case of foreign couples

 

According to the provisions of Interpretation of Case Registration of the Shanghai Senior People's Court in January 2011, foreign marriage cases mainly involve two factors: one is the nationality of the two parties. The second is the place of marriage. As long as one factor is not involved in foreign element, the court of China has jurisdiction and shall determine the specific court with jurisdiction in accordance with the relevant provisions of the Civil Procedure Law of China. If two factors are foreign ones, the plaintiff and the defendant are both foreigners and married in foreign countries, and only when the plaintiff and the defendant accept the jurisdiction of the Chinese court, our court will accept.

 

Therefore, when both parties have lived in Shanghai for over one year and accept the jurisdiction of the Chinese court, our court will accept the divorce case.

 

The lawyers of Shanghai Nuo Di Law Firm(www.shndlaw.com) reminds your attention:

(1). Actual residence with one year. Require to provide "Certificate of living for a year" issued by the property company or neighborhood committee, in order to determine the specific court with jurisdiction.

(2) Consensus of selecting the jurisdiction of Chinese courts. Require both parties to provide the court with personally signed promises to agree to the jurisdiction of a district court or to jointly go to the court and the plaintiff to sign the divorce complaint before the judge.

 

When foreigners choose to process divorce proceedings in Shanghai, it is often praised by foreign parties for its low difficulty, low cost and high efficiency.