China Justice Observer

中司观察

EnglishArabicChinese (Simplified)DutchFrenchGermanHindiItalianJapaneseKoreanPortugueseRussianSpanishSwedishHebrewIndonesianVietnameseThaiTurkishMalay

Guangzhou Court Recognizes Foreign Divorce Judgment in 15 Days

Wed, 14 Aug 2024
Categories: China Legal Trends

In January 2024, the Guangzhou Intermediate People’s Court, Guangdong (hereinafter the “Court”), recognized a Finnish divorce judgment at the request of Zhang, applying the “Convention Abolishing the Requirement of Legalization for Foreign Public Documents” (hereinafter the “Apostille Convention”) to review the formal requirements of the judgment.The Court issued its decision within 15 days from the filing of the application.

On 16 Jan. 2024, Zhang applied to the Court for recognition of a divorce judgment issued by the Helsinki District Court of Finland, and submitted the judgment and the corresponding apostille certificate.

Upon review, the Court found that the Finnish divorce judgment submitted by the applicant constituted a foreign public document. As the Apostille Convention came into effect in China on 7 Nov. 2023, and that Finland is also a contracting party, the convention shall be applicable in this case. Besides, Zhang had provided the apostille certificate issued by the competent Finnish authority according to the Apostille Convention, thereby authenticating the signatures and seals.

Since the divorce judgment indicated that there were no children or joint property to dealt with by the court, the judgment was legally binding and met the conditions for recognizing foreign divorce judgments under Chinese law, the Court ruled to recognize the Finnish divorce judgment.

 

 

Photo by Chastagner Thierry on Unsplash

Contributors: CJO Staff Contributors Team

Save as PDF

You might also like

China Revises Anti-Money Laundering Law

China's newly revised Anti-Money Laundering Law, effective January 1, 2025, strengthens regulations on financial institutions, enhances AML obligations, and includes measures to prevent terrorist financing.

Chinese Supreme Court Judgment Enforced by Court of NSW Australia

In October 2024, the Supreme Court of New South Wales, Australia ruled to enforce a Chinese monetary judgment (Fujian Rongtaiyuan Industrial Co Ltd v Zhan [2024] NSWSC 1318). The Chinese judgment was made by the Fujian High People’s Court, which was affirmed by a judgment of China’s Supreme People’s Court (SPC) in 2021.

China Enacts Preschool Education Law

Effective June 1, 2025, China's newly passed Preschool Education Law emphasizes inclusivity and government-led development, and prohibits primary school-style teaching in kindergartens to promote the well-being and development of preschool children.

China Revises Cultural Relics Protection Law

China's revised Cultural Relics Protection Law, effective March 1, 2025, strengthens preservation measures, introduces pre-construction surveys, and promotes international cooperation in the restitution and return of cultural relics.

SPC Regulates Online Judicial Auctions

In November 2024, China’s Supreme People’s Court (SPC) issued new guidelines to regulate online judicial auctions, emphasizing transparency in property disclosures, enhanced mechanisms for judgment debtors to self-dispose of auctioned assets, and improved supervision across all auction stages to protect parties' rights and streamline enforcement procedures.

China’s First Tribunal-Ordered Interim Measure Issued in Beijing

In October 2024, an arbitral tribunal at the Beijing Arbitration Commission (BAC/BIAC) issued an interim measure based on the applicant’s request, which was later confirmed and enforced by the court through a preservation order. This is the first of its kind in China, confirming the validity of tribunal-issued interim measures and highlighting the pro-arbitration stance of Chinese courts.

SPC Releases IP Protection Cases in Seed Industry

In October 2024, China's Supreme People's Court (SPC) released key judicial protection cases to strengthen intellectual property rights in the seed industry, focusing on plant variety and breeding material disputes.