Chinese foreign-related marriage provisions of the Marriage and Divorce

Chinese foreign-related marriage provisions of the Marriage and Divorce Where Chinese citizens and foreigners (including China's Permanent Mission to China and the Provisional foreigners, overseas Chinese and foreign nationals who settle in our country), Hong Kong, Macao and Taiwan compatriots, overseas Chinese and volunteers from abroad to marry, and remarry Hong Kong, Macao, Taiwan Compatriots, overseas Chinese and overseas staff of the divorce agreement, both men and women must be at the same time all over to the Civil Affairs Bureau Marriage Registration Office to apply for foreign marriage registration. Application, must abide by the "Marriage Law of the People's Republic of China". First, marriage registration To marry apply to Chinese citizens and foreigners, Hong Kong, Macao and Taiwan compatriots, overseas Chinese and overseas staff, men and no earlier than age 22 years of age, women no earlier than 20 years of age. To be held by each of the following documents: (A) Chinese citizens 1. I have to prove residence (residence booklet, ID card); 2. I work units where the city streets or offices, rural township (town) people's government issued proof of marital status. (B) of foreigners, overseas Chinese and 1. I have a passport or other identity, nationality documents; 2. I issued by the public security organs, "resident alien documents," or the foreign affairs department issued identification cards, temporary or China's entry into, stay in documents; 3. By the national Ministry of Foreign Affairs (the Ministry of Foreign Affairs or authorized agencies) and I are in the country and consular notary certified by the national authorities issued proof of marital status; or the country's embassy and consular issued by the proof of marital status; 4. Of foreign students in secondary, tertiary and undergraduate students in the school during the marriage shall not be general. Other students (Health Education, graduate students, and so on) with the China Civil marriage, in addition to holding the above-mentioned proof, they also need to hold the host of academic institutions to prove; 5. Remarriage of divorced persons or documents to prove the death of a spouse (divorce documents required by the Chinese Embassy in the country so that the (lead) Certification Center, or by the Embassy or Consulate of the direct certification). (C) of the Hong Kong compatriots 1. Hong Kong identity cards or being denied certification of seafarers; 2. I am the Law Society of Hong Kong commissioned by the judiciary to identify the marriage registries in Hong Kong issued by the proof of marital status, and the lawyers from the applicant to prove that the other has never been anywhere in the marriage registration statement; 3. Remarriage of divorced or documents to prove the death of a spouse. (D) of the Macao compatriots 1. Macao identity cards, or denied certification of seafarers; 2. Macao marriage and death, issued by the Registry of the marriage certificate or marriage registration certificate; 3. Remarriage of divorced persons or documents to prove the death of a spouse. (E) of the Taiwan compatriots 1. Permit Taiwan compatriots to travel, or I embassies and consulates issued by the addition of "Taiwan compatriots" of the "People's Republic of China travel card"; 2. Notarized Taiwan authorities issued no spouse or notarized proof of household registration book at the end of my copy of the book; 3.'s Divorced or widowed in Taiwan authorities need to provide notarized documents notarized divorce or the death of a spouse proved unable to provide proof of the above, can provide a notarized in Taiwan or Hong Kong and Macao newspapers published the party's declaration of divorce or notice, without The notary does not have the force of law. (Vi) Overseas Chinese 1. I am in the country and consular passport issued by the I; 2. I, as in the country and consular certification of the country of residence issued by a notary public without my spouse or I have to prove in the country and consular issued by my spouse without proof; 3. Remarriage of divorced persons or documents to prove the death of a spouse, and with the national Ministry of Foreign Affairs and the embassies and consulates abroad, I certification. (G) officers to go abroad Leave the country in accordance with the law refers to the staff to leave the country, lawfully residing abroad for more than 6 months did not settle the Chinese citizens. Staff to go abroad for marriage registration required: 1.'s Passport; 2. Unit issued the "proof of marital status"; 3. I embassies and consulates abroad or issued by the embassies and consulates abroad, I certified the country of residence issued by the notary public institutions abroad during the "proof of marital status"; 4. To apply for marriage registration of both men and women, the marriage had been divorced, are required to have a divorce documents; the widowed spouses are required to have a death certificate; In addition, applications for marriage registration of both men and women but also to the marriage registration office of the designated hospital for pre-marital health check-up; both men and women submit passport-size photos (2 inches) three, the marriage registration office to be reviewed eligible, grant Registration, issued a marriage certificate. Second, the registration of divorce Chinese citizens and foreigners in China's divorce request, "the People's Republic of the Code of Civil Procedure," the relevant provisions of the governing People's divorce proceedings. The request remarry, according to the marriage process. Overseas Chinese, Hong Kong, Macao and Taiwan compatriots go abroad, as well as staff and citizens of our country between the two sides voluntary divorce and custody of the children have been made and properly handle the property may be common to the local foreign-related marriage registries to apply for registration of divorce. Either party can request a divorce or the marriage registration office to apply for a divorce, domestic directly to the (mainland) side of the Exit and Entry Administration People's divorce proceedings. After the divorce, both men and women voluntarily to restore the relationship between husband and wife, according to an application for marriage registration. [Edit this paragraph] succession of foreign-related marriage In the succession of foreign-related, according to different subjects, Chinese citizens can be divided into inheritance laws apply to foreign citizens and inheritance laws applicable. 1, Chinese citizens to inherit the application of the law. According to the "Inheritance" Article 36, paragraph 7, in the People's Republic of China citizens to inherit the estate or outside the territory of the People's Republic of China in the succession of foreign heritage, movable property to be applied to the legal heir to his home, the location of real estate apply to real estate Law. Accordingly, we know that Chinese citizens to inherit: (1) if the heirs living abroad, regardless of heritage in the overseas real estate or movable property apply foreign laws; (2) if the heirs were living at home, heritage abroad, the application of China's property law, real estate apply to foreign laws; (3) if the heirs live abroad, in China's heritage, the application of foreign property law, real estate apply to the laws of China; (4) if the heirs (to be foreigners) living in the territory of the People's Republic of China, all heritage in China, the movables and real estate laws are applicable to our country. 2, foreign citizens to inherit the application of the law. According to the "Inheritance" Article 36, paragraph 2, the succession of foreign nationals in the territory of the People's Republic of the inheritance or estate in the People's Republic of China citizens outside the estate, movable property by the application of the legal heir to his home, the location of real estate apply to real estate law . Accordingly, we know that foreigners inheritance: (1) If the heritage in our country, regardless of the decedent is not Chinese, as long as his place of residence is also in China, the movables and real estate law should be applied to our country; (2 ) If the heritage in our country, and his successor has been living abroad, foreign law applicable to movable property, real estate law applies to our country; (3) If the Chinese citizens as heir, his estate abroad, and the citizens living in the territory, China's property law is applicable, the application of foreign real estate law; (4) as the successor of Chinese citizens living abroad during his lifetime if, outside of the heritage, both movable and immovable property of the application of foreign law. In addition, in dealing with the succession of foreign-related, the People's Republic of China with foreign countries who have signed a bilateral or multilateral treaties, agreements should be in accordance with the treaties, agreements relating to the succession provisions, but stated that China's reservations with the exception of. 3, the succession of foreign citizens of Chinese heritage of the need for notarization of legal instruments Chinese citizens abroad to inherit the estate of the need for notarization of legal instruments overseas Chinese citizens to inherit the estate of the need for notarization of legal instruments China's foreign citizens to inherit the estate, according to international practice, the location of the property in the light of the national (or regional) legal regulations. Every country has its own civil law, inheritance law, defined by the heirs of the estate management, disposal methods, the order of succession, inheritance and the statute of limitations for the inheritance of the necessary procedures. Succession outside the estate, are generally required to apply for a notary public in domestic inheritance for a certificate, and so on, sometimes for kinship certificates, marriage certificates and so on. There are heirs to give up the right of inheritance, a notary public to provide the declaration to give up the right to inheritance. The death of heir to the death certificate attached. Subrogation of the succession, to be attached to the subrogation of the death certificate and heir-generation heir of the family relationship certificate. If no heirs and the subrogation of the same order of the other heirs, the certificate must be written on behalf of the place was the successor successors is the only son or daughter, was the sole heir of the legacy of lawful successor. Heir to the estate to provide the exact situation, in the inheritance certificate can be written on the nature of the estate, the number and location; I do not know details of the location, the letters "× × in the Office of the heritage left" or "anywhere any Heritage. " Not a will, a will can not issue a certificate stating that the deceased's life without a will, or their relatives in the search for remains in and did not find any will. In the End for the notary issues before they can start handling matters relating to property inheritance. Usually the first country to declare the estate to pay inheritance tax, then revert to the legacy applications to inherit the seat of the court, the court confirmed the review, issued the "legacy they control card", that is, the receipt of legal action and the right to the estate in liquidation End was the heir of all debt, the remaining part of the only heir to the succession. Inherit the estate of the notary in foreign instruments, as a general rule, each country embassy and consular for consular authentication. Living in the territory of our country, a Chinese citizen abroad on matters of inheritance, for some reason can not or inconvenience to the legacy of the host country for the succession, a mandate to the local branch for the Bank of China. Successor first obtained from the bank, fill out an application and heritage collection heritage entrusted to do the case presentation, together with a death certificate to be heirs, the estate documents (such as housing deeds; vote, deposit certificates, safe-deposit box key, etc.) together submitted to the trustee bank. If the estate by the administration or custody of public trust, these documents can also be used as heritage certificate. After review by the bank, that is to introduce clients to bid for the Department of the local notary public certificates, such as inheritance certificate, a certificate of public proxy, as well as other certificates (such as the legal successor to the death certificate, a certificate to give up the right to inheritance, birth certificates, marriage Certificate). This is in accordance with the requirements of the country to use the instrument. Notary kinds of good, and text to be translated into the local property of the host country to be diplomatic and consular certification, can occur extra-territorial effect. Heritage documents provided by the client, in principle, should be original documents, but to reduce the mail to and from the trouble it could be a copy of that in foreign countries to apply for inheritance, must be original to the designated trustee. [Edit this paragraph] marriage, divorce, foreign-related issues 1, the People's Court on how to apply for recognition of foreign divorce With regard to Sino-foreign divorce judgments of the Court, in how to apply for recognition, should make the decision whether or not our country and to make mutual legal assistance agreement, with China on mutual legal assistance agreement of the foreign court decision for divorce, according to the terms of the agreement to apply for Recognition. Of our country and do not have such a mutual legal assistance agreement of the foreign court divorce ruling party can not of Chinese nationality in accordance with the Supreme People's Court on Chinese citizens to apply for recognition of foreign judgments of the Court of divorce procedures required to apply for recognition of the People's Court of foreign divorce judgments. People's Court to apply for recognition of foreign divorces decision to file a written application, the foreign court divorce decree and the original certified translation of the Chinese. The application should remember the following matters: 1. Applicant name, gender, age, work unit, address, and other basic information; 2. Make a decision, ruling that time, to take effect; 3. Responding to call the situation; 4. The grounds for the application and the request; 5. That the other cases. By the applicant's home to the Intermediate People's Court accepted, with the home place of residence often inconsistent, the regular place of residence by the court, the applicant out of the country's domestic home by the original applicants to the Intermediate People's Court accepted. People's Court accepted the application on file for seven days to decide whether to decide the case, the composition of the collegiate bench of three judges hearing, to determine the final verdict is not subject to appeal. 2, married at home and abroad to settle in the overseas where the divorce should be prosecuted The Supreme People's Court on the application of the "People's Republic of China Civil Procedure Law," a number of issues Article 13 states: Married at home and abroad to settle in the overseas Chinese, such as the country settled by the courts in divorce proceedings marriage to the conclusion of the jurisdiction of the court is inadmissible on the grounds that the parties to the divorce proceedings of the People's Court, by the conclusion of a marriage or a party at home the last place of residence People's Courts. 3, a Chinese national shall clients how to recognize China's foreign court for the court's divorce decree According to the Supreme People's Court "on the Chinese citizens to apply for recognition of foreign divorce judgments of the Court's order provides that" clear: Of our country and do not have such a mutual legal assistance agreement of the foreign court divorce ruling party can not of Chinese nationality in accordance with the Supreme People's Court "on the Chinese citizens to apply for recognition of foreign divorce judgments of the Court's order provides that" the people's court to apply for recognition of foreign judgments of the Court of divorce. Of our country and there is agreement on mutual legal assistance made by the foreign court divorce ruling in accordance with the terms of the agreement to apply for recognition. Applicant to apply to the court for recognition of China's foreign court's divorce decree, should be submitted to the following information: 1. A written application; (applications should be charged to the following matters: (1) the applicant name, gender, age, address and workplace; (2) Guo decision by the court, ruling that time; (3) by And summoned the respondent; (4) the grounds for the application and the request; (5) other description.) 2.'s Foreign court divorce decree and the original certified translation of the Chinese; 3.'s Foreign court divorce decree did not specify in force or effect, should also issue a decision already in force documents; 4. Plaintiff for the applicant, should also be submitted to the foreign court has summoned the accused to appear legitimate relevant documents; 5. The defendant, the applicant should also be submitted to the respondent's notice and a summons to appear. In addition the applicant should also note that the foreign court's decision to divorce with one of the following cases, the non-recognition: 1. Decision has not yet legally effective; 2. To make judgments of foreign courts have no jurisdiction over the case; 3. Judgments in the absence of the accused has not been lawfully summoned to the circumstances; 4. The divorce case between the parties, our courts are hearing or decision has been made, or a third country on the court between the parties to make the decision of divorce cases in China has been recognized by the court; 5. Sentence in violation of the law of our country or harm the fundamental principles of our national sovereignty, security and public interests. [Edit this paragraph] the children of foreign-related marriage problems Married at home and abroad to settle in the overseas Chinese, such as the country settled by the courts in divorce proceedings marriage to the conclusion of the jurisdiction of the court is inadmissible on the grounds that the parties to the divorce proceedings of the People's Court, by the conclusion of a marriage or a party at home the last place of residence People's Courts. First, the People's Republic of foreigners in the implementation of the approach adopted children Foreigners in the People's Republic of Implementation adopted children of foreigners in the People's Republic of Implementation adopted children According to the first "People's Republic of China Adoption Act" (hereinafter referred to as the Adoption Act) to introduce the implementation of the approach. The second foreigner in the territory of the People's Republic of China (hereinafter referred to as in China) adopted a Chinese citizen children of the application of this approach. The couple who adopted a party for foreigners in China adopted the children of a Chinese citizen, should be handled in accordance with this approach. A third of foreigners in China, adoption of children should be in line with the provisions of the Adoption Act, and shall not be violated frequently adopted country of residence laws. Adoption of a child for adoption only. Article IV of foreigners in China, adoption of children by the Government or the adoption of the organization entrusted to the Chinese Government to entrust the organization referred to the adoption and adoption applications were submitted to the adoption of the report and proof of the family. In the preceding paragraph shall apply for the adoption of the person, family and the report shows that by means of its regular Notarization country of residence or a notary public notary agencies, and often by their country of residence authorized by the Ministry of Foreign Affairs or the Ministry of Foreign Affairs and Chinese Embassy in the country Certification of the embassy or consulate of the following documents: (A) applications for adoption; (B) birth certificate; (C) proof of marital status; (D) occupation, income and property status to prove; (E) physical examination to prove; (F) have any evidence of criminal penalties; (Vii) Adoption is frequently the country of residence authorities agreed to its adoption of a child proof; (H) report for the family, including the adoption of wedlock, adopted and the appropriateness of eligibility, family status and medical history, as well as the motivation for adoption of children in the care of the characteristics. Work or study in China for more than a year of continuous residence of foreigners in China, adoption of children, with the exception of the preceding paragraph shall submit the application, the family and reports to prove (with the exception of the fifth), and should be submitted to the unit in China issued Proof of marital status, occupation, income or property status has proved that there had to prove criminal penalties, as well as Chinese medical unit at or above the county health certificates issued by the body. Article adoption of the Fifth China from foreign governments or organizations entrusted with the adoption organizations to submit applications, and the report proved, that in line with the provisions of the Adoption Act, adoption can help people to find the target adoption. Article VI of the Song Yang Song Yang of children who should be in addition to the Chinese adoption organizations to provide my identity card, residence booklet (Song Yang social welfare institutions for the people, should be submitted to the person in charge of their identity documents), who adopted the case to prove In addition, it should submit proof of the following: (A) of the adoptee's biological parents (including divorced), Song Yang for the people, should be submitted to the biological parents agreed that the written opinion of Song Yang; (B) of the adopted person's mother or father or widowed as a result of one missing from the unilateral Song Yang, should be submitted to the death of a spouse or missing and proof of death or missing spouse's parents do not give priority to exercise custody of the statement; (C) the adoption by parents who do not have the full civil capacity, adopted by the people of the Song Yang as guardian of the people, should I have to submit proof of guardianship and adoption by parents who do not have the full civil capacity, and On the adoption of serious harm to prove; (D) the parents of adopted people have been killed and adopted by the people of the Song Yang as guardian of the people, should be submitted to their biological parents of the death certificate, I have the proof of custody, support and other obligations agreed to Song Yang The written comments; (E) by social welfare institutions for human Song Yang, should be submitted to the social welfare agencies issued an abandoned child, abandoned children found abandoned and the circumstances, as well as to find their parents or other guardians to prove the case; orphans were adopted, it should be Submitted to the orphans of parents killed or declared a death certificate, as well as the obligation to support orphans of other people agree with the written opinion of Song Yang; (F) Song Yang of children with disabilities, should be submitted to the hospitals above the county level issued by proof of disability. Article VII of the Chinese organizations that Songyang were adopted in line with the provisions of the Adoption Act, and should be Song Yang Song Yang's family report sent to a foreign government or its adoption of the commission, and this adoption in China can adopt a child. Article VIII of the foreign adoptions were adopted to identify the object, and Song Yang should enter into a written agreement. Written agreement entered into after the adoption of the relationship between the parties should go to the seat of the family who adopted the local people's governments at or above the county civil affairs departments to register for adoption. Adoption of the husband and wife together, the party was unable to come to China to complete the formalities can be entrusted to the other party in writing. It should be notarized power of attorney and certification. Article 9 of the adoption process at the time of registration, and Song Yang adoption should provide the relevant materials. Adoption should provide the following information: (A) issued by the Organization of Chinese adoption adoption adoption of children in China who can notice; (B) my identity papers and photos; (C) adoption and Song Yang who reached a written agreement. Song Yang should provide the following information: (A) my identity card, residence booklet, the photos were adopted; (B) of the Chinese adoption organizations who agreed to Song Yang Song Yang child document. Article X of the adoption registry office after a review of this approach in line with the provisions of Article 9 should be adopted after receiving the application for registration within three days from the date of registration to be granted adoption registration certificate. 11 registered for adoption, the adoption of the relationship between the parties should go to the adoption agencies to register the location of the notary public notary for adoption. Article XII for adoption notary, and Song Yang adoption should provide the following information: (A) adoption certificate of registration; (B) of the way provisions of Article 9 of the material. Article XIII of the notary public in line with the approach of this Article 12 should be received from the notary to apply for adoption within three days from the date to be notarized, and inform the Chinese adoption organizations. Be the 14th person to be adopted before the exit, adoption should be adopted by the registration certificate and a certificate to the public and adopted the location of the person household for the public security organs have been adopted themselves for departure clearance. Article XV Chinese adoption organizations should take good care of the relationship between the parties adoption of archival material. 16th China be adopted by the Organization of the State Council, the administration of justice and civil affairs departments of supervision. Article XVII of foreign adoption in China who adopted children should be registered to the authorities, a notary public were to pay a registration fee, notarization fee. Registration fees, notary fees and management fees in accordance with national price and the management of the Ministry of Finance regulations. Chinese adoption organizations to collect service charges. The service fee charges by the state price management, the Ministry of Finance provisions. Adoption could negotiate with Song Yang and pay the adopted person's Fu Yufei. Adoption to the social welfare department to pay the Fuyu Fei, can only be used to improve the welfare facilities, shall not be diverted. Eighteenth These measures come into force upon promulgation. Second, foreign adoptions of Chinese children how to bid for the notary With the continuous expansion of China's opening to the outside world, foreign non-governmental exchanges have become increasingly frequent, foreigners, especially some of the long-term non-residence of foreigners in China to apply for adoption of Chinese children on the rise. Chinese children adopted by foreigners must meet the following criteria and procedures for legitimate: First of all, Chinese children adopted by foreigners must meet the following conditions. (A) adoption of the couple who have reached the age of 35 years of age; there are legitimate purpose of adoption; a reliable source of income; the health of non-communicable diseases have no criminal punishment. (B) if the adoptee has the ability to identify, I have to agree with. (C) Song Yang Song Yang agreed. (D) adoption acts adopters does not violate the law the country of residence. Secondly, the adoption application. Qualified foreign adoptions: China should be adopted by the organization to look for adoption of children; to Chinese adoption organizations to provide proof of the following materials (such materials must be obtained in advance through 'adoption of a notary public who notarized the host country and the Chinese Embassy in the Diplomatic and Consular Missions Certification ): (A) adoption application, including the purpose of adoption and abandonment, abuse of children is not a guarantee, and so on; (b) occupation and income and property status to prove; (c) proof of marital status. (D) physical examination to prove. (E) were adopted in line with the country of residence related to the adoption of the law to prove, such as the adoption into the country of residence has approved the adoption of the relevant departments shows that the country of residence or adoption of the existing laws and regulations and so on; (f) birth certificate. (Vii) have no proof of criminal penalties. (H) report for the family. Once again, were adopted from Chinese adoption organizations in China can be issued a notice of the adoption of a child should go to the person to be adopted at or above the county seat of the family's civil affairs departments to register for adoption. And then go to the adoption agencies to register the location of the notary public application, fill out the application form notarized, and provide proof of the following: (a) adoption certificate of registration; (b) of the Chinese adoption organizations in China can be issued a notice of the adoption of a child; (c ) Adoptee identity documents and photographs; (d) adoption and Song Yang who reached a written agreement; (e) Song Yang's identity card, residence booklet, adopted into the picture; (f) Chinese adoption organizations agreed to send Song Yang dependent children of the document. Notary Office notarized the admissibility of the application, submitted to the judicial administrative organs only with the permission of the certificate issued by the public. The adoption of the couple who can not come to China for adoption of the notary, who may be party to prove that the above-mentioned materials and notarized, certified the other side of the power of attorney, go to the seat of the family who adopted notary public bid for the adoption of Chinese children notary. [Edit this paragraph] The Chinese foreign marriage marital problems First, embassies and consulates overseas to deal with marital problems In recent years, living abroad for Chinese citizens require registration of marriage and divorce cases on the rise. The admissibility of such cases should be strictly in accordance with the basic spirit of the Marriage Law of the People's Republic of China, and to take care of them living abroad the actual situation, proper treatment and disposal. To this end the following special provisions: (A) married overseas: 1. For the convenience of overseas Chinese in the country of residence marriage, we encourage overseas Chinese to live by the law of the country in the local marriage registration process or in a wedding ceremony. If the local authorities to seek the end I embassies and consulates in other views can be dealt with the following principles: (1) if the marriage conforms to China's Marriage Law, I can use at their request orally or in writing to prove that: "× × × × × × application with the marriage, the marriage of the conclusion of the Marriage Law on the People's Republic of China in line with the provisions of the marriage." (2) if the marriage age and in addition to the prohibition of marriage between close relatives, the provisions of the Marriage Law and I are in line with the other, I can, at their request, in accordance with the situation said that the oral or documentary evidence: "In view with the × × × × × × × × in the country to settle in, such as × × authorities of the country in accordance with local laws to allow them to marry, we do not object to." (3) At present, some of the Embassy or Consulate of the authorities of host countries be requested, in order to meet this article (1), (2) of the marriage certification, although with two proven inconsistent with the wording, but I like it with the The basic spirit of the Marriage Law, and has been host to the relevant authorities in the recipient can be certified by the format of cases reported to the Ministry of Foreign Affairs and the consular department of the Home Secretary to the Ministry of Civil Affairs for the record, the format used in the past still apply. (4) If the marriage is in violation of the prohibition on interfering in my marriage law to prohibit freedom of marriage and bigamy, I can not recognize as valid the marriage can not be issued for any proof. (5), overseas Chinese and foreigners (including the Chinese foreign) to apply for marriage registration, I will not be accepted from the Embassy or Consulate. If the local authorities issued by the Embassy or Consulate asked me to prove that, under the circumstances, I can use an oral or written proof that: "Chinese nationals and the × × × × × × × × nationality of the person applying for a marriage, we do not object to." 2. In the event of one of the following conditions apply for the marriage, I would not accept diplomatic or consular missions: (1) host the law does not recognize the foreign diplomatic or consular missions for the marriage to be registered as valid; (2) I do not meet the marriage law on marriage. 3. To apply for marriage between men and women both overseas and in accordance with the provisions of the Marriage Law, I, as the law allows host countries, the two sides also insisted that I make marriage registration for its embassies and consulates, embassies and consulates so that I can apply for their marriage Registration and issued a marriage certificate. If the host asked the authorities concerned, I can issue a certificate for the translation, and in line with the original show. (B) of the overseas Chinese to divorce: 1. In view of the complexity of divorce cases, I embassies and consulates overseas to apply for divorce in principle, the admissibility of the case. 2. Spouse living abroad, the other living in the home, such as requests to engage in voluntary divorce, custody of children, parents and dealing with property, and so there was no dispute that our country can Article 24 of the Marriage Law, the domestic side of household registration Or the location of residence marriage registration office of the divorce proceedings. If the party can not come to the marriage registration office to apply for a divorce or a divorce, the two sides of the dispute, regardless of which party proceedings shall be a party to the domestic household residence or the location of the people's court. If living abroad has been one of the country of residence court, living in the home side under the circumstances to take the necessary legal steps. I embassies and consulates abroad should be given the necessary assistance. 3. Husband and wife are overseas Chinese living abroad, they divorce, in principle, should be home to apply to the relevant authorities involved in divorce proceedings. If they had at home for marriage registration, are for one reason or another, home to the relevant authorities will not be accepted, the two sides can return to the original marriage registration office or the marriage registration to bid to host the People's divorce. If the two sides can not return home because of special circumstances, the parties may be authorized to handle proxy, the national commission for friends and relatives or a lawyer on his behalf for an agent to the home of the original marriage registration office or the People's marriage registration to submit written comments by the authorities for registration or People's Court. Letters and submissions are vetted by the local notary public notary, I embassies and consulates certification. These instructions can also be written and I embassies and consulates directly notary. If they are in my original embassies and consulates abroad to register the marriage, to apply for a divorce, the two non-controversial, managers may apply to register the marriage I embassies and consulates in divorce proceedings; both sides of the dispute should go to the former Finally, the seat of the household registration or residence of a people's court. If the people who had moved to other countries, still above provisions, but the legal instruments to be the country of residence by a notary public notary, I in the Diplomatic and Consular Missions certification. Who has returned home to settle their divorce to the family residence or the location of the marriage registration office or the people's court. If they are used to be in the foreign marriage registration office for registration of marriage or marriage ceremony, and their divorce, domestic cases will not be accepted. If they return and request a divorce, the family should be the seat of the marriage registration office or the people's court. 4. Overseas Chinese living abroad and their spouses (including those living in the domestic Chinese citizens) by the country of residence of a court decision for divorce, such as the two parties to the decision without objection, I do not intervene. If the decision does not violate the basic spirit of my marriage law, both parties have no objection to the decision, I can recognize it in both parties are legally binding. If the verdict in the domestic implementation of the Civil Procedure Law of China in accordance with the provisions of 204 review. 5. Between the two parties are husband and wife were overseas Chinese or overseas Chinese on the other side are the Department of Foreign Department of Chinese, divorce, country of residence should apply to the relevant authorities involved in divorce proceedings. I embassies and consulates general not be accepted. If they had, I was in China or overseas embassies and consulates for marriage registration, are for some reason, the relevant organs of the country of residence will not be accepted, I embassies and consulates overseas may be dealing with divorce cases in the light of the spirit of the requirement to be accepted. 6. Overseas as a result of divorce by the unfair treatment or undue losses, the overseas Chinese Diplomatic and Consular Missions for the maintenance of the legitimate rights and interests, as the case may be, be concerned and take appropriate measures. (C) Where this provision is not involved in more complex cases, the marriage is still requested the Ministry of Civil Affairs reported case-by-case, the Supreme People's Court and the approval of the Ministry of Foreign Affairs to deal with. (D) of the overseas Chinese for divorce registration fees, in the light of May 18, 1981 the Ministry of Foreign Affairs and Overseas Chinese Affairs of the State Council issued 81 〔〕 lead the Department of the word No. 222 "on the Chinese marriage registration fees for" collection of instructions . Second, the Chinese foreign to the Matrimonial Causes document delivery methods Provisions In the past sent to the Chinese foreign divorce decree of divorce or a solicit the views of the letter, the county's courts and some direct mail, and some provincial people's court or through the Overseas Chinese Affairs Commission sent to the province, while others are sent to the People's Republic of Overseas Chinese Affairs The Committee sent; or county people's court to the provincial People's Court, the provincial People's Committee sent to the Provincial Overseas Chinese Affairs, Overseas Chinese Affairs Commission sent by the provincial People's Republic of China Overseas Chinese Affairs Committee submitted by the Ministry of Foreign Affairs, I referred to the embassies and consulates overseas Parties. Procedures may vary, and there have been some problems. Overseas Chinese living abroad, the vast majority are living in capitalist countries, Jirenlixia, the complexity of the situation, the reality of their affairs and national views of the people there are a lot of difference, at the same time Meijiangfeite also rumor of the day is not slander, conspiracy and destruction of Overseas Chinese The unity of the motherland and the people. In order to take care of the situation of overseas Chinese and overseas Chinese to promote unity and patriotism, not to Meijiangfeite the scheme to succeed, and therefore sent to the Chinese foreign divorce decree of divorce or a solicit the views of the letter, it is necessary after a certain period of audit organs, and then sent . But the process should not be too complicated, time delay so as not to affect the handling of the case. To this end, the delivery of the following provisions: (A) the grass-roots people's courts (county, city, municipal districts and counties of the People's Court) in dealing with domestic and abroad, their relatives overseas cases of marital dispute, the need to get in touch with overseas Chinese abroad, whether to send comments or divorce decree, as long as they are Sent abroad should be by the province (city) or the Overseas Chinese Affairs is also responsible for overseas Chinese affairs departments and provinces (municipalities) jointly review the Higher People's Court, provincial (city) or the Overseas Chinese Affairs of the court by the establishment of diplomatic relations and non-establishment of diplomatic relations States were dealt with: 1. Sent to the non-resident in the country with no diplomatic relations with the Chinese letters can be sent directly to the recipient. (Friendship with Returned Overseas Chinese provinces (cities) may be entrusted to local agencies Returned Overseas Chinese Affairs Association sent.) 2. Residing in the establishment of diplomatic relations sent to the country's overseas letters will be mailed in, I handed over to the local Diplomatic and Consular Missions.