Recently, our lawyer has come across a relatively rare divorce lawsuit.
Men and women registered their marriages nearly 30 years ago. Due to the discord between the husband and wife, the two parties separated 20 years ago. Ten years ago, the husband applied to the Beijing No. 2 Intermediate People's Court for recognition of the divorce judgment issued by the Texas District Circuit Court. The Second Intermediate People's Court quickly made a ruling to recognize the divorce judgment of the foreign court. However, the woman was not reconciled. For this reason, it applied to the Intermediate People's Court for a retrial. After nearly a year of hearings, the previous decision to recognize the divorce judgment of a foreign court was overturned. So, the woman struck while the iron was hot and filed a divorce lawsuit with the Chaoyang District People's Court in Beijing.
The divorce case has taken effect after the first and second trials. The Chinese court has made a detailed division of the joint property and debts of the husband and wife in the names of both parties. The woman was not satisfied with the division of the property. As a result, he filed an application for retrial. The case is currently in the process of being retried. However, in the course of the divorce proceedings, the husband concealed a crucial fact, that is, he registered his remarriage with her in the United States during the period between the time he obtained the ruling of the Beijing No. 2 Intermediate People's Court recognizing the divorce judgment of the foreign court and the retrial and revocation of the ruling.
Some readers may think that the husband's remarriage is invalid, but this divorce lawyer does not. The reason is that after the Beijing No. 2 Intermediate People's Court made a ruling recognizing foreign divorce judgments, from the perspective of Chinese law, men are single and marriageable. At this time, the marriage relationship established by the husband after remarriage should be considered legal and valid. Even if a Chinese court later revokes the decision to recognize a foreign divorce judgment, the marriage relationship between the husband and the remarried partner should be recognized and protected by Chinese law.
Beijing Divorce Lawyer - Beijing Matrimonial Lawyer - Beijing Divorce Lawyer Consultation
In this case, the first and second instance of the divorce lawsuit initiated by the man's ex-wife (who can only be called her at this time), and even the retrial of the divorce case that is currently underway, have lost the basis for the establishment of the case because the husband and his ex-wife no longer have a marital relationship. This is even if all this is due to the fact that the man concealed the fact of his remarriage from the Chinese court.
With regard to the above-mentioned state of "the skin does not exist, but the hair is attached", the matrimonial lawyer believes that the correct solution is to revoke the first-instance and second-instance divorce judgments made by the Chinese court and terminate the retrial procedure of the divorce case. At the same time, the property dispute after the divorce is used as the cause of action, and the joint property and debts of the husband and wife that should be divided between the husband and his ex-wife are retried and divided.