In the TV series "Bottom Line," Tang Wei and her husband agree to divorce, but why not file for divorce directly instead of suing in court? The Daohua Marriage and Family Law Team explains the legal reasons behind this!

Tang Wei is a judge who attaches great importance to her work. Both parties reached an agreement during the mediation, with the male party hoping the female party could return to the family, while the female party could not give up her career and pursuits, even to the extent of giving up custody of the child for the divorce.

When watching this case, there were many questions on the barrage, such as “Since both parties agreed, why go to the civil affairs bureau directly and file a lawsuit?” “Why not just get a divorce by agreement, why go to court?” “Why file for a divorce lawsuit?”

What is an international marriage?

With the strengthening of global connections, there are more and more international marriages. There are also “transnational couples” who have to live apart in two countries due to work or study reasons. In such cases, what should the party in the domestic country do if they want to divorce? The Daohua Family Law Firm provides you with the corresponding solutions.

I. How to divorce when one spouse lives abroad and the other in the domestic country?

Firstly, for a mutual divorce agreement and to handle the divorce registration procedures at the civil affairs bureau, both parties need to be present for the handling. According to the relevant provisions of the Civil Code, after both parties have handled the divorce registration at the civil affairs bureau, there is a one-month divorce cooling-off period, during which both parties need to come to the civil affairs bureau again to confirm the divorce one month later. If one party is missing, the divorce cannot be finalized.

II. Can an application be made for an online hearing if it is really impossible to return to the country?

In recent years, due to the development and popularity of the internet, court hearings via the internet have become nothing new. In international marriage and cross-border divorce litigation, due to the restrictions of time and space on the parties, an application can be made for an online hearing.

Different cases applying different laws can lead to different legal outcomes, so it is very important to determine the competent court in international divorce litigation, which will affect all aspects of the divorce litigation.

According to Article 22 of the Civil Procedure Law of the People's Republic of China, civil actions concerning personal status matters brought against persons residing outside the territory of the People's Republic of China are under the jurisdiction of the people's court where the plaintiff resides; if the place of residence of the plaintiff is not the same as the place of habitual residence, the people's court where the plaintiff habitually resides has jurisdiction.

According to Article 26 of the Law of the People's Republic of China on the Application of Laws to Civil Relations in Foreign Countries, the parties may agree to apply the law of the habitual residence of one party or the law of the nationality of one party. If the parties do not make a choice, the law of the common habitual residence of the parties shall apply; if there is no common habitual residence, the law of the common nationality of the parties shall apply; if there is no common nationality, the law of the place where the divorce procedures are handled shall apply.

Of course, according to Article 27 of the Law of the People's Republic of China on the Application of Laws to Civil Relations in Foreign Countries, divorce litigation shall apply the law of the court. This means that foreign divorce judgments have the same legal effect in China and are binding on both parties.

VI. How should issues such as child custody and property division be handled in international divorce disputes?

The division of property shall be based on the location of the property. If the property is within the territory of China, the people's court will apply Chinese law to divide the property. If the property is abroad, due to difficulties in evidence collection and other reasons, if the property cannot be verified, the people's court usually does not handle it.

So, through the above explanation, do you have a better understanding of international marriage and cross-border divorce? Next time you watch a TV drama, you won't ask questions like “Why do they have to go to court for a divorce lawsuit when they both agree?”

This type of divorce dispute is more complex than traditional divorce disputes, and lawyers play an indispensable role in such cases. The Daohua Family Law Firm can help you handle such legal matters and help you lead a better life.