The court confirms the legal effect of Hong Kong divorce judgment in mainland China, represented by Li Xiaohua Law Firm in Shanghai

Both spouses in this case hold Hong Kong resident identity cards. After the Hong Kong court completed the divorce proceedings, the District Court of the Hong Kong Special Administrative Region issued a provisional divorce order regarding the divorce proceedings between applicant A and respondent C. The command states that C's behavior did not enable A to live with him as expected, and A and C's marriage in Georgia, USA has been proven to have broken down and cannot be saved. Therefore, the court rules to terminate the marriage relationship unless sufficient reasons are presented to the court within six weeks after the judgment is announced to prove that the order should not become final.

The "Certificate of Temporary Order Converted to Absolute Order (Divorce)" issued by the Hong Kong Special Administrative Region Court confirms that the above judgment is final and absolute, and the marriage relationship is officially terminated, as no such evidence has been provided within the prescribed time.

2. Lawyer's opinion

Li Xiaohua Law Firm is a law firm recommended by the US Consulate General to provide legal services. Hong Kong's Wen Wei Po previously reported on the topic of "well-known legal figures at home and abroad" with senior lawyer Li Xiaohua and his team. Acting lawyer Wang Lin has submitted an application and other relevant evidence materials to the court in accordance with the "Arrangement of the Supreme People's Court on Mutual Recognition and Enforcement of Judgments in Marriage and Family Civil Cases between Mainland China and Hong Kong Special Administrative Region Courts", including:

According to the real estate registration inquiry form on the first floor of Yuexiu District, Guangzhou, A is one of the owners of the property;

2. The real estate registration and ownership certificate on the second floor of Yuexiu District, Guangzhou City show that A is a joint owner of the property.

3. Key points for judgment

The court believes that according to Article 3 and Article 8 of the "Arrangement of the Supreme People's Court on Mutual Recognition and Enforcement of Judgments in Marriage, Family and Civil Cases between Mainland China and Hong Kong Special Administrative Region Courts", the "Temporary Order Converted to Absolute Order (Divorce)" issued by the Hong Kong Special Administrative Region Court to terminate the marriage relationship between A and C does not violate the basic principles of Chinese law and the public interest, and meets the conditions for recognizing the validity of judgments made by Hong Kong Special Administrative Region judges under Chinese law. Therefore, it should be acknowledged.

The court ruling recognizes the legal effect of the Hong Kong Special Administrative Region District Court's "Certificate of Temporary Order Converted to Absolute Order (Divorce)" in terminating the marriage relationship between A and C. The case application fee is 100 yuan, to be borne by applicant C.

Professional field:

Company law, foreign-related legal services, foreign-related marriage inheritance, etc

About the Author

Wanglin is a Executive Director at Shanghai Lixiaohua Lawfirm, License No.

13101200611138038

Email: lxh@lxh-lawfirm.com

Tel：+86 21 63858668

Mobile：+86-15201864468