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A couples of a transnational marriage, raised divorce proceedings in different countries where they lived, and the two courts made opposite judgements, what shall we do?

By Shanghai Xuhui Court

January 17, 2023

From: Ten questions and answers on registration and divorce of transnational marriage,by Xuhui Court, Shanghai, China 

Question: One party is of Chinese nationality and the other party is of foreign nationality. After marriage, the Party of Chinese nationality resides in China and the Party of foreign nationality resides abroad. Both parties filed divorce proceedings in their home countries. The courts of both countries have issued judgments, but the results are opposite (one is divorced, the other is not divorced). What should we do?

Answer:  The trial of divorce proceedings brought by Chinese citizens by Chinesecourts is not restricted by the procedures and entities of foreign courts, that is, Chinese courts make corresponding judgments according to Chinese laws, regardless of foreign judgments. When there is a foreign sentence and a domestic sentence, at least in the field of China, the two people are still husband and wife. Of course, foreign courts will also believe that the two have divorced. This involves the judicial system and the recognition of judgments between countries.