# Anyone divorced a Chinese National and anyone who has done this and re-married?



## BRITCARL (Mar 5, 2013)

Hello,

My first post as a new member. Didn't know this site existed. Hopefully, in my desperate need for an experienced sole-worn soul, I am hoping someone has the answers I am looking for.

In China, I was married, and then I got divorced last November. We agreed our divorce settlement easily in the marriage office in her home city - the same one we married in. I thought that was it.

However, my new lady in my life has been worried about somethings, and a fellow expat here has subsequently told me about the need for a Decree.

Now, I have been researching this, but, the best information I can find is that, when you go to get married again later, you need an Absolute Decree, or Decree Absolute. This information is according to the British Government sites.

However, the Chinese sites are a bit more confusing because they suggest that the best way to get divorced is just to get divorce by Agreement. It says we only need a Divorce with Litigation if disagree. 

Quote from a Chinese Legal Site:

Divorce by agreement is the best way to end your marriage.
If you get married in China, you'd better divorce by agreement. Divorce by agreement is that the husband and wife decide to divorce on their own will and come to agreement on some related problems, and only the civil administration bureau ratifies your agreement, can you end your marriage. Advantages of divorce by agreement are as follows: 

a. Prompt. It takes you only about half an hour to get your divorce certificate if you have prepared all materials required.

b. Cheap.It costs you only about 10 Yuan (RMB).

Link address can't be posted due to newbies account restrictions.

It does then say down the bottom:

If your marriage certificate is issued by foreign governments or related authorities, your divorce can't be settled through divorce by agreement in China's civil administration bureau but through divorce by litigation procedure. With the help of experienced lawyer, it will take you only a couple of days to settle it.


Now, the Divorce by Agreement is actually identical to the Divorce Nisi as described on the British Government website.

*I am desperately looking for advice from anyone who has been in my situation in China, ideally from the UK or a Commonwealth country, unless the US is identical, and I would like to know what you did. 

Did the British accept the Divorce Agreement when you re-married?*


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