How do people entrust lawyers to go to court abroad?
If you have a dispute with others and need to bring a lawsuit, if you lack legal knowledge, you can entrust a lawyer and other professionals to handle it on your behalf in order to better safeguard your rights and interests. Then, how can the parties abroad entrust it? Let's take a closer look at it. 1. How to entrust a party abroad (1) An overseas party may entrust its own nationals or qualified China citizens as agents ad litem, or its own lawyers as non-lawyers; If it is necessary to entrust a lawyer to represent the lawsuit in China People's Court, China's lawyer must be entrusted. (2) Officials of foreign embassies and consulates, entrusted by their own nationals, may act as agents ad litem in their own names. (3) When an overseas party entrusts an agent ad litem, it must issue a Power of Attorney signed by himself or the authorized signatory of a legal person or other organization. The aforementioned Power of Attorney signed by the authorized signatory abroad shall go through overseas notarization, authentication or other certification procedures stipulated by law. The Power of Attorney signed by an overseas natural person in front of the court case handlers or notarized by a local notary office proves that the Power of Attorney was signed in China, and there is no need to go through the certification procedures such as overseas notarization and authentication. The Power of Attorney signed by a natural person representing an overseas legal person or other organization in front of the court case handlers does not need to go through overseas notarization, authentication and other certification procedures. However, when signing the power of attorney, in addition to showing the natural person's identity certificate and legal entry certificate to the court case handlers, it must also provide a certificate issued by the legal person or other organization to prove that it has the right to sign the Power of Attorney, and the certificate has gone through overseas notarization, authentication or other certification procedures stipulated by law. Second, how many times do you have to go to court for foreign-related divorce? Usually, divorce cases take three months according to summary procedures, six months according to ordinary procedures, and three months for second instance. Therefore, divorce disputes are generally as short as three months and as long as six months. When suing for divorce for the first time, if the other party insists that he doesn't want a divorce, and the judge decides that the relationship between husband and wife is not completely broken, the first lawsuit will generally not be divorced. It is necessary to wait six months after the judgment takes effect before filing a second lawsuit and suing for divorce for the second time. Regardless of whether the other party agrees to divorce or not, the judge will usually divorce. According to this time limit, if you sue twice to achieve the final purpose of divorce, it will take about one year. In foreign-related divorce proceedings, because the procedure is more complicated, it will take longer if the other party deliberately delays. Iii. Procedures for Foreign-related Divorce by Agreement (1) When applying for divorce by agreement, both parties must go through the formalities at the marriage registration office of the Civil Affairs Bureau, even if they entrust a lawyer to represent them, they must go through the formalities in person; (2) Both parties fill in the Declaration of Application for Divorce Registration, and sign or fingerprint it personally; (3) Both parties personally sign the divorce agreement before the marriage registrar; (four) the marriage registration authority shall examine the application for divorce registration within one month from the date of accepting the application. To meet the conditions of divorce, issued a "divorce certificate" notice. Both parties who apply for divorce registration shall go to the Civil Affairs Bureau to receive the divorce certificate in person within one month from the date of receiving the notice of obtaining the certificate, and shall not be collected by one party or entrusted by others. Those who fail to obtain the certificate within the time limit shall re-apply for divorce registration. The above is a detailed introduction about how to entrust a foreign party. If a foreign party wants to entrust a lawyer, it needs to do so in accordance with the prescribed procedures. If a lawsuit is filed in a court in China, it needs to entrust a lawyer from China. If you have any legal problems, you are advised to consult a professional lawyer. We will serve you wholeheartedly.