In the TV series 'Bottom Line', Tang Wei and her husband agree to divorce, but why not directly file for divorce through a civil agreement instead of suing the People's Court? The Dao Hua Family Law

Tang Wei is a judge who attaches great importance to her work. Both parties reached an agreement during the mediation. The male party hoped 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 looking at this case, there were many questions on the barrage, such as "Since both parties agreed, why go to the Civil Affairs Bureau directly and sue?" "Why not just get a divorce by agreement, why go to court?" "Why file for a divorce through litigation?"

What is an international marriage?

With the strengthening of global connections, there is an increasing number of international marriages. There are also "transnational couples" who have to live in separate 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 corresponding solutions.

One, how can a couple get a divorce if one lives abroad and the other is in the country?

Firstly, for a divorce agreement, the person must be present to handle the divorce registration procedures at the Civil Affairs Bureau. According to the relevant provisions of the "Civil Code," after both parties have applied for divorce registration at the Civil Affairs Bureau, there is a one-month divorce cooling-off period. Both parties need to come to the Civil Affairs Bureau again after one month to confirm the divorce; if one party is missing, the divorce cannot be finalized.

Secondly, if it is really impossible to return to the country, can an application be made for an online hearing?

In recent years, with the development and popularity of the internet, it is no longer a novelty for courts to hold remote online sessions via the internet. In cases of international marriage and cross-border divorce litigation, due to the restrictions of time and space on the parties involved, they can apply for online sessions.

Different cases may apply different laws, leading to different legal outcomes. Therefore, it is very important to determine the competent court in cross-border divorce litigation, which will affect all aspects of the divorce lawsuit.

In accordance with Article 22 of the Civil Procedure Law of the People's Republic of China, litigation concerning personal status matters involving individuals not residing within the territory of the People's Republic of China shall be under the jurisdiction of the people's court at the plaintiff's place of residence; if the plaintiff's place of residence is not consistent with the place of habitual residence, the people's court at the plaintiff's place of habitual residence shall have jurisdiction.

According to Article 26 of the Law of the People's Republic of China on the Application of Law in Civil Matters Involving Foreign Elements, the parties may agree to apply the law of the habitual residence of one party or the law of the country of nationality. If the parties fail to make a choice, the law of the common habitual residence shall apply; if there is no common habitual residence, the law of the common country of nationality 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 our "Law of the People's Republic of China on the Application of Law in Civil Matters Involving Foreign Elements", litigious divorce shall be governed by the law of the court. That is to say, foreign divorce judgments are also legally effective in China and have binding force on both parties.

Six, how should issues such as child custody and property division be handled in cross-border divorce disputes?

The division of property depends on the location of the property. If the property is within China, the People's Courts will apply Chinese law for its division. However, for property abroad, due to difficulties in obtaining evidence and other reasons, the People's Courts usually do not handle property that cannot be verified.

So, through the above explanation, have you gained a deeper understanding of international marriage and cross-border divorce? Will you no longer ask questions like "Why do they all agree to file for divorce in court" when watching TV dramas next time?

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 assist you in welcoming a more beautiful life.