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

Chinese Court Refuses to Recognize Russian Judgment Due to Due Process

In 2020, a local Chinese court in Beijing ruled against the recognition and enforcement of a Russian monetary judgment on the grounds that the party in absentia had not been properly summoned (the case of Chepetsky Mechanical Plant Joint-Stock Company (2020) Jing 04 Xie Wai Ren No. 2).

China's New Company Law: Enforcing Paid-in Capital Rules

China's revised Company Law introduces a paid-in capital system, requiring shareholders to fully contribute their subscribed capital within five years, with a three-year transition period for existing companies to adjust their capital contributions.

China Issues Regulation on Rare Earth Administration

In April 2024, China introduced its first comprehensive regulation on rare earth management, addressing production, circulation, and reserves to ensure a regulated market and sustainable industry development.

China Revises Frontier Health and Quarantine Law

In June 2024, China revised its Frontier Health and Quarantine Law (国境卫生检疫法) to enhance measures against infectious disease transmission, including new quarantine protocols and medical priority for affected individuals.

SPC Releases Typical Cases of Financial Fraud

In June 2024, China’s Supreme People’s Court (SPC) released five typical cases of financial fraud, aiming to strengthen the punishment of financial fraud, protect the legitimate rights and interests of investors, and promote the sound development of the industry.

China Issues New Regulations to Combat Cyber Violence

In June 2024, China's Cyberspace Administration, along with several ministries, issued new regulations to strengthen the governance of cyber violence, focusing on content management, user protection, and legal accountability.

SPC Releases Guiding Cases on Minor Protection

In May 2024, China's Supreme People's Court (SPC) issued guiding cases on judicial protection for minors, addressing issues like school bullying, domestic abuse of minors, and marital guardianship.