Lawyer Abby and Sara Represented a Malaysian Client to Obtain Court Grant of Divorce in China

Our client is a citizen of the Federation of Malaysia, who was married to a citizen of the United Kingdom of Great Britain and Northern Ireland in Changning District, Shanghai. They decided to divorce because of a breakdown in their relationship. However, due to the COVID-19, the defendant could not return to his country, so the client entrusted us to initiate divorce proceedings.

At first, the Case Filing Division of the court held that the case did not fall within its scope of acceptance. We have submitted a Registration Form of Temporary Residence For Visitors and a Statement of Residence of Overseas Personnel issued by the local residents' committee, etc. to prove the fact that the client resides in the jurisdiction of the local residents' committee. In accordance with the relevant provisions of The Law of the Application of Law for Foreign-related Civil Relations of the People’s Republic of China, we confirm the jurisdiction of the first instance court over the case.

In the meantime, we have applied to the court to hear the Case by means of electronic service and opening a court session online for the sake of promoting the judicial proceedings in an efficient manner.

Since Defendant is not able to speak in Chinese, our lawyer communicated with Defendant in English for many times before the trial, to ensure a smooth progress in the trial, and fully explained to Defendant the issue of the visitation right of children after divorce, which Defendant is particularly concerned about.

Through our active communication and consultation, the court trial was successfully carried out. The defendant acknowledged all our claims without objection.

The court ultimately supported all of our litigation claims. In the trial, it took only two months from the official acceptance of the trial to the judgment (and only one week from the hearing to receipt of the judgment). Our clients were very satisfied with the judgment, and we have won praise from our clients for this.

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