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Business Notarization and Attestation of Marriage Cases 
Involving Foreign Elements
 

Keywords: notarization, attestation, marriage, foreigners, legal documents, attestation, notary public office, certificate, Ministry of Foreign Affairs

 

During the process of our handling cases involving foreign elements, our many foreign clients are usually informed that they have to make the relevant legal documents notarized and attested after they got married in foreign countries or divorced from their spouse. So, the aim of this article is to set forth the relevant information about notarization and attestation. We hope that it will be helpful to those baffled by these problems. 

Ⅰ. Why legal documents shall be attested?

Generally, for cases involving foreign elements, notarization is always combined with attestation. After one party got the relevant documents notarized, the attestation is also must. Notarization is to affirm the content and validity of legal documents, but attestation is to affirm the authenticity of the signature and print of the notarization. Notarization is the procedure that the notary public office proves the authenticity of documents and attestation is the procedure that the competent government organs prove the authenticity of the signature or print of the relevant notary public office.

Therefore, in foreign related cases, notarization and attestation are always done together.

Ⅱ.What documents shall be notarized and attested?

What documents are needed when getting married?
Generally, a foreigner who is going to marry Chinese shall submit documents as follows: 
a
Valid passport or other international touring certificates that can prove the identity; 
b
Residence certificate for foreigners issued by public security or ID card or temporary residence certificate issued by the Ministry of Foreign Affairs;
c
The attestation of your marriage status (unmarried, divorcement or bereft of spouse);
d
The original copy of valid divorcement certificate is must if the foreigner is divorced; 
e
Attestation for death is must if the foreigner is bereft of spouse.
What documents are needed in divorce case when foreigner is not in China?
Chinese citizen shall submit documents as follows if he or she sues to divorce foreign citizen:
a
document of indictment;
b
Marriage certificate;
c
passport or other identity documents; 

Among these documents, the marriage certificate shall be notarized by the country which issued it, attested by Chinese Embassy or Consulate in that country.

                                                                               Source: http://www.cnlawyerforforeigner.com/shownews.asp?newsid=48&typeid=38

 



 

 

 

 

 

 

 

 

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