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How can Chinese/Overseas legal instruments be confirmed & executed overseas/in China
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In accordance with the article 266 of the Civil Procedure Laws of the P.R.C., If a party applies for enforcement of a legally effective judgment or written order made by a people's court, and the opposite party or his property is not within the territory of the People's Republic of China, the applicant may directly apply for recognition and enforcement to the foreign court which has jurisdiction. The people's court may also, in accordance with the relevant provisions of the international treaties concluded or acceded to by China, or with the principle of reciprocity, request recognition and enforcement by the foreign court. If a party applies for enforcement of a legally effective arbitral award made by an arbitral organ in the People's Republic of China handling cases involving foreign element and the opposite party or his property is not within the territory of the People's Republic of China, he may directly apply for recognition and enforcement of the award to the foreign court which has jurisdiction.

 

Nowadays, more and more people go abroad as well as foreigners going to China, leading to a sharp increase in the marriages between Chinese and foreigners. As a result, more and more couples with a party being a foreigner get divorced in China. Marriage certificates issues by foreign countries shall not be acknowledged by the people’s court of China directly and these legal instrument need to be notarized by the relevant agencies.
      

(1) The notarization of foreign marriage certificates

Appoint foreign lawyers to notarize the marriage certificates issued by foreign countries;
      

Appoint foreign lawyers to notarize the marriage certificates in Ministry of Foreign Affairs after the lawyers’ notarization;
      

Appoint foreign lawyers to notarize the marriage certificates in Chinese embassy after the Ministry of Foreign Affairs’ notarization.
     

The foreign lawyers mail the legal document to China and then the notarized marriage certificates shall be used as legal ground to file the divorce case in the people’s court in China
      

Generally speaking, it is much more expensive for American lawyers to notarize the marriage certificates than Japanese lawyers or UK lawyers while the lawyers in Ireland ask for the lowest fees to cover this kind of legal services. On average, the cost of marriage certificates notarization is between 2000 Yuan and 5000 Yuan.
     

(2) The notarization of Hong Kong marriage certificates
Appoint HK lawyers appointed by the ministry of Justice of the P.R.C to notarize the marriage certificates.( including the process of check and notarization)
      

Appoint HK lawyers to carry the transfer seal of China Legal Service Limited Company, HK Branch.
      

Mail the legal document to China and then the notarized marriage certificates shall be used as legal ground to file the divorce case in the people’s court in China.

Generally speaking, the cost lawyers appointed by the ministry of Justice of the P.R.C is between 2000 Yuan and 3000 Yuan.
      

(3) The notarization of Macau marriage certificates
Appoint Macau lawyers appointed by the ministry of P.R.C to notarize the marriage certificates. Whether the notarization needs to carry the transfer seal is unclear yet.
            

Appoint Taiwan lawyers to notarize the certificates in notary public office in Taiwan;
      

The notary public office mail the copy of the notarization to China Notary Public Association and the party in mainland China.
      

The party in mainland China bring the copy of the notarization to Shanghai Notary Public Association for verification after the copy’s arrival.
      

The version of the notarization after verification shall be the legal ground to file the divorce case.

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