In a foreign-related divorce by litigation, how does a foreign party entrust an agent?

Please pay attention to the following items:

1. A foreign party who requests a divorce by litigation needs to entrust a divorce attorney practicing in the People's Republic of China in accordance with the provisions of the Civil Procedure Law of China. Foreign attorneys are currently unable to represent divorce proceedings in China. However, if the divorce proceedings involve the conflicts between the laws of a foreign country and Chinese laws, or child custody and the division of foreign assets, legal representation of lawyers in the foreign country and in China is allowed to aid in coordination of domestic and foreign legal issues. 

2. The foreign party must provide a power of attorney notarized by a Chinese notary or a Chinese embassy or consulate. According to the provisions of the Civil Procedure Law of China, the power of attorney sent from outside the country shall be certified by the notary office of the foreign country and authorized by the Chinese embassy or consulate in the country, or shall become effective after fulfilling the certification procedures specified in the relevant treaty between the People’s Republic of China and the country. Chinese citizens living abroad can apply for notarization at a domestic notary office before going abroad, or can apply for notarization at the Chinese embassy or consulate in the country where they are located, and then send the notarized power of attorney back to China. For foreigners who are not in China, the power of attorney shall have the legal effect after fulfilling the certification procedures stipulated in the relevant treaty between the People's Republic of China and the country.

3. In a foreign-related divorce lawsuit, the foreign party can entrust an agent with special authorization. At the court hearing of an ordinary divorce case, in general a party shall attend the court even if he or she has entrusted an agent, but in a foreign-related divorce case, if the foreign party has specially authorized the agent, he or she may not participate in the hearing.