关于外国离婚判决在华是否受承认的法律意见.doc

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1、关于外国离婚判决在华是否受承认的法律意见VIA REGULAR INTERNATIONAL MAIL December 18, 2004 Ms. Jane Smith 111 Maple Lane, 2/F Flushing, New York 12230 The United States of AmericaRe: Application for a marriage license in ChinaDear Ms. Smith: You wish to be remarried in China with a male Chinese citizen and have retained

2、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 marria

3、ge 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 o

4、f 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

5、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