The laws of the place where the divorce institution is located shall apply. 2. Litigation divorce shall be governed by court law.
Article 147 (202 1 to 1 repealed) of China's General Principles of Civil Law stipulates that when China people marry China citizens or foreigners, the law of the place of marriage shall apply, and the law of the court accepting the case shall apply to divorce. China adopts the principle of lex fori.
Article 150 of the General Principles of Civil Law of China (repealed on 202 1) stipulates that the application of foreign laws or international practices in accordance with the provisions of this chapter shall not violate the social interests of the people of China.
Implement the provisions of Article 188 of People's Opinions: China laws shall apply to divorce cases involving foreign elements, divorce and property division caused by divorce accepted by China courts.
Legal basis:
Article 1 of the relevant provisions on China citizens applying to the people's court for recognition of notarization and authentication of divorce judgments of foreign courts through embassies and consulates abroad.
The divorce judgment of a foreign court in which one of the parties to a marriage is a citizen of China is used in China. Only after the domestic intermediate people's court makes a ruling on this judgment can the parties be issued with a certificate of marital status based on the divorce judgment of a foreign court.
Article 3 of the Supreme People's Court's Provisions on the Procedures for China Citizens to Apply for Recognition of Divorce Judgments of Foreign Courts.
To apply to the people's court for recognition of the divorce judgment of a foreign court, the applicant shall submit a written application, and attach the original divorce judgment of a foreign court and a certified Chinese translation. Otherwise it will not be accepted.
Article 1076 of the Civil Code: If a husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office.
The divorce agreement shall specify the expression of willingness of both parties to divorce and the consensus on matters such as child support, property and debt disposal.
Article 1077 If either party is unwilling to divorce within 30 days after the marriage registration office receives the application for divorce registration, it may withdraw the application for divorce registration from the marriage registration office.
Within thirty days after the expiration of the time limit specified in the preceding paragraph, both parties shall personally apply to the marriage registration office for a divorce certificate; Those who fail to apply shall be deemed to have withdrawn their application for divorce registration.
Article 1078 The marriage registration authority shall register and issue a divorce certificate after finding out that both parties are really divorced voluntarily and reaching an agreement on matters such as child support, property and debt handling.
Article 1079 If one of the spouses requests a divorce, the relevant organization may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or cohabitation with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
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