Evidence is the key to winning a lawsuit for both domestic and foreign related divorce cases. Divorce lawyers will review the case and then assist the parties in collecting required evidence. Because each case is different and varies in complexity, this article covers the basics of a foreign divorce case.
1. Identification materials
Mainland residents identification materials include identity cards. But because the case involves foreign affairs, additional documents are required such as passport and other travel documents. For Hong Kong and Macao residents, mainland travel permits and home visit permits are required in addition to passports. Taiwan residents should also provide passport, mainland travel permits, and other international travel documents.
2. Evidence of marriage
Marital relations must be proven in order for there to be a divorce. Marriage certificates or marriage registration can be accepted as evidence. If the marriage is registered abroad, the certificate or registration must be notarized.
3. Evidence of marriage breakdown
The provisions regarding evidence based on China’s marriage laws and civil procedure laws are applicable to foreign related divorce cases. Article 32, paragraph 2 of the marriage law states that a divorce can be granted even if mediation fails under these 5 circumstances: (a.) Bigamy is committed or a spouse is cohabitating with others; (b.) One or both spouses commit domestic violence, abuse, or abandon the family; (c.) There is drug abuse or gambling addiction by one or both spouses; (d.) There have been two years of continuous separation; (e.) Other situations that cause the marriage to breakdown.
Evidence can be collected by the parties for the above situations. Evidence types include: 1. Statements by both parties; 2. Documented evidence; 3. Material evidence; 4. Audio or visual evidence; 5. Electronic data; 6. Testimony by witnesses; 7. Expert opinions; 8. Records of incidents.
The above are the basic evidences used in general divorce cases. The foreign divorce lawyers will request additional evidence if required depending on the specific circumstances related to the case.