1. Translation of the original document
Guangdong Shen Xing Law Firm
Lawyer’s Letter
Dear Australian Immigration Officer,
We write on behalf of our client NIE Yafeng (ID number: 420107197101181024) to follow up on
relevant issues of his immigration to Australia. Based on the documents provided by our client, we
hereby present the following legal opinions over the divorce case between our client and CHENG
Danxing (ID number: 430423197304237858):
According to the divorce policy and regulation in the Marriage Law of the People's Republic of
China Chapter four, divorce is categorized into divorce by agreement and divorce by litigation.
The Marriage Law Article 31 stipulates that "divorce by agreement" means a divorce is granted if
both parties, man and woman, voluntarily divorce each other. Both parties shall lodge an
application for divorce in the marriage registration authority. Only when the voluntary divorce is
confirmed by the marriage registration authority, and issues of child support, custody, and property
division are properly dealt with by both parties can the divorce certificate be issued. The
dissolution of marriage is valid upon the issue of the marriage certificate. Article 32 stipulates that
"divorce by litigation" means one party demands a divorce that can be mediated by relevant
departments or directly filed for proceedings in the People's Court. The divorce case will be heard
and decided by court.
On May 27, 2013, our client NIE Yafeng and Cheng Danxing lodged an application for divorce in
the marriage registration authority (Marriage Registration Center in Nanshan District, Shenzhen
City), and signed the divorce agreement. Both parties agreed on the settlement of their property
and child custody. The divorce certificate was issued after the divorce was confirmed and
approved by the registration authority. Our client’s divorce is in compliance with "divorce by
agreement" in the Marriage Law Article 31.
We believe "divorce by agreement" applies in the divorce case between our client and Cheng
Danxing. The divorce conforms to the law and does not need any court decision. The divorce is
protected by the Marriage Law of the People's Republic of China. The divorce agreement signed
by both parties is legal and valid.
We hereby inform the above legal opinions.
Guangdong Shen Xing Law Firm
Lawyer: (Signature)
September 10, 2015
(Stamp of Guangdong Shen Xing Law Firm)
Translated by Yuting Peng, NAATI Accredited Translator, NAATI No.: 83018