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Supplementary Provisions on the Application for Remarriage Registration by Divorce Parties
Time:2025-08-28 Views:816
Ministry of Civil Affairs and Ministry of Foreign Affairs December 18, 1998
1、 If a Chinese citizen applies for divorce at home and was previously dissolved in foreign countries through judicial procedures in accordance with local laws, the documents (referring to the divorce mediation statement and divorce judgment issued by the court) must be recognized by the people's court of our country. Those recognized by the ruling shall be deemed valid; Those rejected shall be deemed to have no legal effect. If the previous marriage relationship was registered for divorce in a foreign marriage registration authority, the divorce certificate does not need to be recognized by the people's court of our country, but it must be authenticated by the Ministry of Foreign Affairs or an agency authorized by the Ministry of Foreign Affairs of the country where it resides, and by the Chinese embassy or consulate in that country.
2、 Divorced foreigners who apply for remarriage in China must show their divorce certificates. If the previous marriage relationship was terminated through judicial procedures in accordance with local laws abroad, the nationality certificate of the original spouse authenticated by the Chinese embassy or consulate in that country must be provided at the same time. If his former spouse is a Chinese citizen, his divorce certificate (referring to the divorce mediation statement and divorce judgment issued by the court) must be recognized by the people's court of our country. Those recognized by the ruling shall be deemed valid; Those rejected shall be deemed to have no legal effect. If his/her former spouse is a foreign citizen, or his/her previous marriage relationship was registered for divorce in a foreign marriage registration authority, the divorce certificate does not need to be recognized by the People's Court of China, but it must be notarized by his/her own notary office, authenticated by his/her own Ministry of Foreign Affairs or an agency authorized by the Ministry of Foreign Affairs, authenticated by the Chinese embassy or consulate in that country, or directly authenticated by the Chinese embassy or consulate in China.
3、 If the party holding the divorce judgment of the first instance of the People's Court of China applies for remarriage, he/she must provide the proof that the divorce judgment issued by the court has legal effect.
4、 Chinese embassies and consulates abroad shall issue or certify marriage status certificates for Chinese citizens who have obtained legal residency abroad for a long time or have obtained legal residency rights in accordance with relevant regulations. Individuals with special circumstances should first apply for domestic approval.
5、 The marriage registration administration organ shall include in the files of the parties concerned the written decision of the people's court of China recognizing the divorce judgment of a foreign court, or the notarized and authenticated divorce certificate, nationality certificate or divorce judgment that has legal effect, submitted by the parties to the marriage.
6、 Any divorce certificate issued by a foreign court that has signed a civil judicial assistance treaty with China shall be processed in accordance with the relevant provisions of the treaty when used in China.
7、 If the parties applying for marriage provide false documents or have their documents altered, the marriage registration management authority will not register them. Sichuan Faneng Law Firm is dedicated to serving you.