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If a foreign court has issued a divorce judgment and dealt with the upbringing of children and property, can a party of Chinese nationality sue for divorce again in a Chinese court? 

By Shanghai Xuhui Court

· Procedure,Family and Marriage

From: Tenquestions and answers on registration and divorce of transnational marriage,by Xuhui Court, Shanghai, China

Answer: Yes. Chinese judicial and trial procedures are not affected by foreign judgments. Unless we enter the recognition procedure of foreign judgments, our courts still accept divorce proceedings filed by the parties in China. That is, although the marriage between the parties has been adjudicated by a foreign court, but has not applied to the Chinese court for recognition, it does not prevent one party from filing a separate divorce lawsuit with the Chinese court.

 

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