Divorce Annotation

When a citizen of a country finalizes a divorce abroad and wishes to register a new marriage in their home country, merely presenting the foreign divorce judgment is often insufficient. Most legal systems require the individual to complete an important legal procedure called “Divorce Annotation”.

Mandatory Requirement Before a New Marriage

For citizens who have a divorce judgment or decree issued by a foreign court, it is mandatory to submit a certified and consular-legalized copy of the divorce annotation before this document can be used domestically for marriage registration purposes. This is a mandatory process that must be completed before you submit an application for a new marriage registration. The divorce judgment, once legalized, is officially referred to as the divorce annotation.

Who needs to perform this procedure?

The divorce annotation/recognition procedure generally applies to:

• Citizens who previously registered their marriage abroad and subsequently divorced abroad.
• Citizens who registered their marriage in their home country but carried out the divorce proceedings abroad.

For individuals who have been divorced multiple times, they typically only need to perform the annotation procedure for their most recent divorce.

Note: In many cases, foreign citizens (those who do not hold the nationality of the host country where the new marriage registration takes place) may not be required to perform this divorce recognition procedure. Additionally, if the former spouse has passed away, the individual does not need to go through the divorce annotation procedure, but simply needs to submit the former spouse’s death certificate when registering the new marriage.

Application Processing Procedure (Abroad and in the Home Country)

This procedure is flexible, allowing applicants to process their application either in the country where the divorce took place (e.g., the US) or in their home country.

1. Processing in the country where the court issued the divorce decree:

• Step 1: Obtain a certified copy of the Divorce Decree from the court or the original judgment.
• Step 2: Bring the Divorce Decree to the competent state authority (e.g., Secretary of State) where the court issued it so they can authenticate the court’s seal.
• Step 3: After authentication, this document must be legalized by the Consulate or Embassy of the host country (home country) located in that nation.

2. Processing in the home country (Host country):

• Step 1: Book an appointment with the foreign Consulate and complete an affidavit attached to the Divorce Decree.
• Step 2: After notarization, take the notarized Divorce Decree to the diplomatic agency (Department of Foreign Affairs) for legalization and translation into the local language.
• Step 3: Submit the divorce annotation application (including the legalized document, the notarized translation, and a copy of your passport) to the local justice authority where you previously registered your marriage. In some cases, the application must be submitted to the provincial/city-level justice authority where the former spouse registered their permanent residence.

Standard Application Dossier to Prepare

To ensure a smooth process, a standard application dossier typically includes:

• Application form for Divorce Annotation using the template issued by the Justice authority.
• Power of Attorney (if the applicant is abroad, cannot return to the country, and wishes to authorize a family member to submit it on their behalf).
• Affidavit of Name Identity (if there are name discrepancies across documents).
• 1 copy of the Permanent Resident Card or Passport.
• 1 copy of the Divorce Decree.
• The legalized Divorce Decree and its notarized local language translation.

Processing Time

The processing time for the divorce recognition procedure usually ranges from 15 to 30 days, depending on the competent authority in each locality. In case you cannot be present in your home country to complete the entire process, you can fully authorize a relative to submit the divorce recognition application first, and then return later to proceed with the marriage registration.

FOR A FREE CONSULTATION, PLEASE CALL:

– Hotline: (877) 348-7869

– Garden Grove Office: (714) 638-3111

– San Jose Office: (408) 998-5555

– Houston Office: (832) 353-3535

– Vietnam Office: (028) 3516-2118

Disclaimer: All information provided in this document is intended for general informational purposes only and does not constitute formal legal advice. Statistical data and processing timelines reflect the public records available at the time of publication. For precise legal assessments, please schedule a direct consultation with First Consulting Group.