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    UK Notary for CNI after divorce

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    Oilrigmaster
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    UK Notary for CNI after divorce

    Post by Oilrigmaster on 23/07/12, 06:27 am

    Good morning,

    As I am UK national, previously married in UK.
    Planning to marriy in China.

    I expect I will need to follow the path of CNI by way of a UK notary, as a divorced person.
    Due to busy work schedule, I would rather not want to return to UK to undertake this matter.
    However, I will if need be.

    This may be an unusual question, but do I have to be present at the UK Notary?

    Can I just send the required documents to my brother in UK, with an autorisation letter, and ask him to have the decree absolute, and the completed CNI (downloaded from this site)sworn for me?
    Then he could post the documents to the Milton Keynes F.O. for legalisation, then onto the Chinese consulate for translation etc.
    I fear I may need to take time away from my desk, but would rather not.

    ORM
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    davidmckendrick
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    Re: UK Notary for CNI after divorce

    Post by davidmckendrick on 23/07/12, 08:45 am

    Unless he has a Power of Attorney it would be impossible for your brother to swear on your behalf that the CNI downloaded from this site was true. If he obtains a CNI from a Registrar in UK you may not need to be present but you'd have to check with the Registrar about that. You do not need to have the decree absolute or the CNI from a Registrar sworn so they could be sent directly to Milton Keynes, then the Chinese Consulate for legalising. Wait until they arrive in China and have them legalised wherever the marriage is to take place.
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    handyal
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    Re: UK Notary for CNI after divorce

    Post by handyal on 23/07/12, 08:48 am

    Hi ORM,

    You have two options to get a CNI for marriage in China.

    In the UK you will have to present yourself in front of a Notary with Photo ID such as a passport, and address confirmation such as a Driving Licence or Utility Bill, along with your Decree Absolute and prepared CNI.
    You must sign your CNI and make a sworn declaration the facts are true, in front of the Notary.

    Your CNI and Divorce Absolute will need to be legalised by the FCO and the Chinese Embassy in the UK. They are translated in China.

    I doubt your brother will be able to complete this procedure on your behalf.

    The second option is to take your Decree Absolute to the nearest British Embassy or Consulate in China. They will prepare your CNI on your behalf. CNI's produced by other Countries Embassies in China are accepted as a legally binding document.
    However the drawback to this procedure is that it takes at least 4 weeks to process due to English Marriage laws. i.e. One must give 21 days notice of intention to marry, so as long as your in China for 6 weeks or more and don't mind a lot of travelling and expense, then it provides an alternative option.
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    handyal
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    Re: UK Notary for CNI after divorce

    Post by handyal on 23/07/12, 09:07 am

    Hi David,

    A CNI from a Registrar is no good because ORM has been married and divorced.
    A CNI from a Registrar can only be used in China if you are single, never married.
    A Registrar's CNI is a set form and it does not contain, and cannot be altered to contain, a lot of the information required by the Chinese about your previous divorce, or any relation to your intended Chinese spouse.

    Oilrigmaster
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    Re: UK Notary for CNI after divorce

    Post by Oilrigmaster on 24/07/12, 10:07 am

    Dear HandyAl and David,
    Thank you for you very good replies to my question.
    It appears that the 2 options are quite clarly laid out.

    I will have to consider the options, and time away from my work.

    Thank you

    ORM.

    GBA
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    Re: UK Notary for CNI after divorce

    Post by GBA on 24/07/12, 10:29 am

    ORM.

    What I did was find a local notary. I then made an appointment to see him. I took an already completed CNI with me as well as a local council tax bill and my SA passport. Also due to work pressure I found that it was more cost effective to have the notary, after he completed the necessary and I signed in his presence, send the documentation to the FCO and the Chinese embassy for me. The cost was about £340 all told and took about 2 weeks if I recall correctly. No running around. Very little time off work. In the end no additional worries for me and no need to dip into the Valium bottle, but I had to pay for it obviously.

    The above worked for me in my circumstances and may not suit everyone and yes you can do it yourself for a lot less outlay but sometimes time = money.

    GBA

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