Foreign divorces and mediation is only effective in China once all of the proper court recognition procedures have been followed.
After the court receives an application for the foreign court’s divorce judgment, the Chinese court will recognize its effectiveness if it does not violate basic principles of the law and national or social interests of China. If the decision is not recognized or is not official, it will not take effect in China.
According to Article 267 of the civil procedures law, a foreign court’s legal decision may be implemented within Chinese courts if it is in accordance with the provisions listed in the international treaties between that country and China. The court with the legal jurisdiction can apply for it to be recognized and enforced.
Article 268 of the civil procedure law states that a foreign court decision’s ability to be recognized by Chinese courts will be considered by the court that is in compliance with the international treaties between the two countries and will be examined to verify it does not breach any basic laws or security of China. If it is in accordance, the Chinese court will recognize legal effect. On the other hand, if the foreign verdict threatens Chinese law, principles, social, and public interests, it will be rejected and not have any legal effect.
This article comes from the Shanghai foreign divorce lawyer network’ website.
