Divorce InternationalWhen Divorce Defendant is in a Foreign Jail

October 28, 20250

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On 26 September 2025, the Qinhuai District People’s Court in Nanjing, Jiangsu Province, concluded a unique divorce dispute case. In this case, the plaintiff, Ms. Wang, filed the lawsuit in China, while the defendant, Mr. Yu, was serving a prison sentence in Thailand. The court facilitated Mr. Yu’s participation in the hearing via online video. The final judgment granted the divorce and ordered Mr. Yu to pay Ms. Wang CNY 500,000 in divorce compensation.

The particular complexity of this case stemmed from the defendant’s incarceration abroad. Key procedural challenges included how to successfully serve legal documents to him, record his testimony, and organize a remote video hearing.

In a recent interview with Legal Daily, officials from the International Cooperation Bureau of China’s Supreme People’s Court detailed the solutions implemented to overcome these procedural hurdles:

Service of Legal Documents: Documents were delivered by staff from the Chinese Embassy in Thailand during prison visits. This method was more efficient, as it bypassed the need to relay documents through Thai authorities and eliminated the requirement for translations.
Recording Testimony: Through coordination between the Chinese Embassy and the Thai prison, embassy personnel conducted multiple prison visits to question Mr. Yu. The records of these interviews were created and transmitted back to China.
Remote Video Hearing: While respecting Thai law and the wishes of the parties involved, and through multi-party coordination, a specific video conferencing tool was ultimately selected to arrange for Mr. Yu to participate in the hearing individually from the prison.

The successful conclusion of this case demonstrates the Chinese courts’ strict adherence to domestic Civil Procedure Law and international treaties in handling foreign-related cases. Through international civil and commercial judicial assistance cooperation, China both respects the judicial sovereignty of other nations and safeguards the litigation rights of all parties involved.

ICL Consulting: Your Professional Solution for Cross-Border Legal Matters

Leveraging extensive experience in international legal practice and a broad network of global cooperation, ICL Consulting provides comprehensive support for cross-border cases, including:

Support in the Resolution of Cross-Border Civil and Commercial Disputes
Assistance with International Service of Legal Documents
Support in the Collection, Notarization, and Authentication of Evidence Overseas
Coordination of Cross-Border Remote Video Hearings
International Legal Consultancy and Case Evaluation

Our professional team is well-versed in multiple legal systems and proficient in international judicial assistance procedures. We are capable of formulating efficient and practical solutions for our clients, striving to protect their legitimate rights and interests to the greatest extent.

In the world of law, patience precedes justice

Divorce InternationalWhen Divorce Defendant is in a Foreign Jail

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