關(guān)于外國(guó)離婚判決在華是否受承認(rèn)的法律意見(jiàn)
VIA REGULAR INTERNATIONAL MAIL
December 18, 2004
Ms. Jane Smith
111 Maple Lane, 2/F
Flushing, New York 12230
The United States of America
Re: Application for a marriage license in China
Dear Ms. Smith:
You wish to be remarried in China with a male Chinese citizen and have retained me
to provide an opinion concerning the recognition in China of a divorce granted on
June 16, 2004 by the Superior Court of New Jersey, Chancery Division, Family Part in
Bergen County, dissolving the marriage of John Smith and you.
Based on the information contained in the application for your marriage license, the
material you have shown me in support of the application, including the original of
the decree of the divorce, and a certified translation thereof, and on the information
you have provided to me orally, it is my opinion that the divorce would be recognized
in China under Article 13 of the Marriage Law, because you were ordinarily resident
in the jurisdiction that granted the divorce for at least one year immediately
preceding the commencement of the proceedings for the divorce.
I am satisfied that the court that granted the divorce had jurisdiction to do so
according to its own law. Furthermore, there is no evidence of fraud or of a denial
of natural justice concerning the granting of the divorce.
In my view, therefore, the divorce would be recognized in China and you would,
according to the law of China, be considered free at this time to marry your beloved
Mr. Qian Wu.
Yours very truly,
Lin Yuanyan, BA, JM.
Divorce and Family Law Lawyer
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