Second, how to handle the notarization of foreign-related marriages? What are the procedures and formalities?
The notarization of foreign-related marriage includes the notarization of foreign-related marriage and divorce, which involves both the marriage and divorce of foreigners in China and the marriage and divorce of China people abroad. The details are as follows:
(1) foreigners get married in China.
1. Foreigners get married in China.
China citizens and foreign citizens get married in China. Usually, foreign citizens need to provide the following documents: (1) my passport or proof of identity and nationality; (2) Alien residence certificate issued by Chinese public security organ or ID card issued by foreign affairs department or temporary entry and residence certificate in China; (3) proof of marital status (unmarried, divorced, widowed); (4) divorced, you must also hold a valid original divorce certificate; (5) The widowed person must also hold a death certificate. The above documents, proof of marital status, divorce certificate (divorce certificate or divorce judgment) and spouse's death certificate must be passed.
Foreigners divorce in China.
China citizens as plaintiffs sue foreign citizens for divorce in domestic courts, and China citizens need to provide the following documents to the court: (1) indictment; (2) marriage certificate; (3) the identity certificate of the plaintiff. Among them, because the marriage certificate is issued by a foreign institution, it must be notarized in the issuing country first, and then certified by the embassy and consulate of China in that country and the diplomatic department of China. After this series of notarization and authentication procedures, it can be accepted by domestic courts.
(2) China citizens get married abroad.
China people need different materials to get married in foreign countries, and the materials should be prepared according to the specific requirements of each country. For example, on the issue of marriage, Japanese law stipulates that women are not allowed to get married within six months after divorce or the previous marriage is revoked. If China citizens get married in Japan after divorce, they need to provide proof that they have been divorced for more than six months, and this proof must be notarized by foreign marriage registration agencies in Japan. For example, on the issue of divorce, if both parties get married in China, and the man later comes to live in the United States and files a divorce lawsuit in the American court, then the marriage certificate needs to be submitted to the American court, and the American court will only recognize it if the man returns to China or entrusts a domestic lawyer or friend to notarize it. Similarly, if both parties register their marriage abroad, the marriage certificate cannot be directly recognized by our courts, and it can only be accepted after being notarized by the notary office of the host country, certified by the embassy and consulate of China in that country and certified by the domestic diplomatic department. The above aspects are just a brief list. In practice, foreign-related marriage cases are far more complicated than the above situation. What documents do foreign-related marriages need to be notarized? The general principle is that as long as it is not a legal document issued by the state or a document produced by the parties in one country that needs to be used in another country, notarization and authentication of foreign-related marriages are needed.
3. What is the procedure of notarization and authentication of foreign-related marriage?
Foreign legal documents or written materials (such as divorce opinions and power of attorney). ) generated abroad, it needs to be notarized by the notary office (or an institution or individual with the same authority) in the place where the document is generated, then certified by the foreign affairs department of that country, and then sent to the embassy or consulate of China in that country for certification before it can be used in China. Similarly, legal documents generated in China have to go through similar procedures when used abroad. Hong Kong, Macao and Taiwan notarized certification;
1. Legal documents from Hong Kong: You need to entrust a Hong Kong lawyer appointed by the Ministry of Justice of China for notarization first (including
1. Legal documents from Hong Kong: You need to entrust a Hong Kong lawyer appointed by the Ministry of Justice of China to notarize (including checking and notarization), and then go to China Legal Services (Hong Kong) Co., Ltd. to affix the transmission stamp, and then send it back to China for use.
2. Legal documents from Macau: You need to entrust a Hong Kong lawyer appointed by the Ministry of Justice of China to notarize and pay in advance.
2. Legal documents from Macau: You need to entrust a Hong Kong lawyer appointed by the Ministry of Justice of China for notarization first. At present, there is no clear requirement whether it is necessary to go to China Legal Services (Hong Kong) Co., Ltd. to affix a transfer stamp to make payment, just like Hong Kong.
3. Legal documents of Taiwan Province Province: Taiwan Province lawyers are entrusted to Taiwan Province Notary Office for notarization; Notarized copy sent to
3. Legal documents of Taiwan Province Province: Taiwan Province lawyers are entrusted to Taiwan Province Notary Office for notarization; A notarized copy is sent to the Mainland Notary Association for certification, and the certified legal documents can be used in the Mainland.
Four, at present, the mainland of China can handle the notarization and authentication procedures of foreign-related marriages.
In China, foreign-related certification procedures are generally handled by the Certification Department of the Consular Department of the Ministry of Foreign Affairs of China. However, in order to facilitate local citizens to go through the certification procedures in time, the Ministry of Foreign Affairs has authorized 20 provinces, autonomous regions and municipalities directly under the Central Government, including Shanghai, Jiangsu, Zhejiang, Anhui, Fujian, Guangdong, Hainan, Yunnan, Sichuan, Guizhou, Hunan, Hubei, Jiangxi, Heilongjiang, Jilin, Liaoning, Shandong, Guangxi, Inner Mongolia and Chongqing, to handle foreign affairs. For foreign notarial certificates issued by the above-mentioned foreign-related notary offices of provinces, autonomous regions and municipalities, if the country using the documents has a consulate in the local area or its territory includes the province, autonomous region and municipality, and the consulate carries out certification business, the documents should be sent to the Foreign Affairs Office of the province and municipality for certification first, and then sent to the consulates of relevant countries for certification.
Verb (abbreviation of verb) Matters needing attention in the process of notarization and authentication of foreign-related marriages
(1) It is best to go through the certification formalities immediately after completing the notarization formalities. Because some notarization, such as marital status notarization, notarization without criminal punishment, notarization of residence, certificate of deposit, etc. , the validity period is generally 6 months. If it is not certified six months after notarization, the notarial certificate itself has become invalid, and it is impossible for the consulate to certify it. (two) notarization and certification procedures should be handled within the same geographical scope. For example, you can't apply for an office certificate in Beijing, and then apply for certification in Shanghai. This is unacceptable. (3) Foreign-related notarial certificates can only be issued by foreign-related notary offices, and there are special provisions on testimony, format and paper, which must be translated. Ordinary notarial certificates can't be certified by consular officers, nor can they be sent abroad for use. In addition, when the parties apply to the relevant authorities for issuing certificates, they should clearly inform the country where the certificates are intended to be sent and the purpose of use. If you have any questions about how to handle the notarization of foreign-related marriage, or what documents and materials are needed for the notarization of foreign-related marriage, what procedures and processes are needed for the notarization of foreign-related marriage, and the notarization of foreign-related legal documents, you may wish to consult a professional marriage and family lawyer. They are proficient in professional legal knowledge and have rich experience in handling cases, and can help you solve various problems in foreign-related marriage.