Divorce in China
As per data released by the Chinese Ministry of Civil Affairs, 1.71 million couples were divorced in 2009. These figures do not include divorces granted by Chinese courts. It is estimated that one in five Chinese marriages end in divorce. There has been a sharp rise in the divorce rate in last decade; more so after 2003 when the divorce procedure was simplified. It is now possible for a couple to divorce in one day at a minuscule cost of 10 yuan. In larger cities of Beijing, Shanghai, Shenzhen, Guangzhou, Xiamen, the divorce rate is estimated to be around 35%.
Chinese Divorce laws
The Chinese government enacted its first marriage law in 1950 where it allowed divorce after mediation and counseling has failed. The “Marriage Law of the People's Republic of China” was enacted in 1980 and was subsequently amended in 2001. As per Chapter IV (Divorce), Article 31 of this law, husband and wife who wish to divorce should apply to the marriage registration office of the Ministry of Civil Affairs. The marriage registration office will issue a divorce after establishing that divorce is desired by both parties and that appropriate arrangements have been made for the care of any children and the disposition of property.
If only one of the spouses wants a divorce, he/she can apply directly to the People’s court to start divorce proceedings. The People's Court shall first carry out mediation. Article 32 of the Marriage law states the grounds on which the People’s court can grant a divorce are as follows:
- One of the spouses commits bigamy or cohabits with another person.
- In case of family violence or maltreatment or abandonment.
- One of the spouses indulges in gambling, drug taking, etc. and refuses to reform.
- When the husband and wife have separated for two years for lack of mutual affection.
- Any other case which destroys the affection between husband and wife.
- One of the spouses is declared missing.
In case the spouse of a soldier who is in active service seeks a divorce, then the matter shall be subject to the soldier's consent, unless the soldier has made grave errors.
In October 2003, the divorce rules were further simplified such that a couple who have mutually decided to divorce could go to the marriage registration office with their residence book, marriage certificate, identification cards and a written divorce agreement and get a divorce on the same day. Prior to this, the couple seeking a divorce had to produce recommendations from the institutions where they were working or from the local residents' committees or from the villagers' committees. Prior to 2003, the work appraisal of the couple seeking divorce was impacted.
Why is a certified translation of the Divorce Certificate required?
The Chinese certified translation of the divorce certificate or decree is required in the following two circumstances:
1] When a Chinese citizen wants to marry an American citizen and they want to settle in the United States of America, the Chinese national can apply for a marriage visa or a fiancé visa (K-1 or K-2 visa). If the applicant has been previously married and divorced, then he/she will have to submit Chinese to English certified translation of the divorce certificate issued by the competent authorities. The Chinese certified translation of the divorce certificate has to be submitted to the U.S. Citizenship and Immigration Services (USCIS).
2] If a divorced Chinese national has immigrated to the United States and subsequently wants to get married in the United States, then he/she will have to submit a Chinese certified translation of his/her divorce certificate when applying to a civil/marriage court in the United States.
Chinese to English certified translation services that we provide.
Our team of professional and experienced Chinese to English language translators provides Chinese certified translation for divorce certificates. Since we have vast experience in dealing with translation of documents for organizations like the USCIS, US passport agency, US colleges, US schools, US courts, we create divorce certificate translation in the format that is required by these organizations. Chinese certified translations need to be done as per Federal Regulations 8 CFR 103.2 (b) 2 relating to the U.S. Department of Homeland Security/Immigration Regulations/Powers and Duties – Availability of Records.
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