Research On The Problem Of Applicable Law In Foreign Divorce

With the development of international ecnomic and cultural exchanges, the number of foreign couples is growing, and the problems of foreign marridge is more serious. Because of the relatively independent judiciary of countries and affected by the country’s economic, political, religious, social customs and many other factors, there is a big difference among the foreign divorce law, and the conflict of laws arising therefrom will be inevitable. Due to the different legislation and judicial practice of every states, the rules of proper law of foreign divorce are not the same. How to deal with the rules of proper law of foreign divorce is not only related to the vital interests of both parties, but also related to public order and legal order of the country concerned. The disadvantage of a single way of choosing proper law is obvious, therefore,in the future the way of choosing proper law will tend to be diversified. This can compensate for the lack of disadvandage of the single way to a certain extent, and creating a relatively easy, relaxed conditions of divorce for both parties. In addition to the traditional method of selecting the proper law, such as choosing the personal law, choosing the law of the court, overlapping or choosing one of them as well as choosing the law that in favor of divorce. Currently there are some new international trends, such as the principle of the closest connection. Secondly, pay attention to embody the spirit of humanism, and strengthen the protection of the weak. Thirdly, choosing the proper law in the moderate range in accordance with the wishes of the parties. Last, the diversification of the methods of choosing of proper law. In this paper, the problem to be solved is how to make the selection method either to maintain social order and the legal order of the countries concerned, but also effectively protect the legitimate rights and interests of the parties in the face of conflict of laws. Through a comparative analysis of existing advanced principles of international proper law to the selection, and the presentation of the new trend to seek more diverse and effective selection methods. This will not only provide an important legal basis for the judge to select the proper law, but also create a relaxed, convenient conditions for the parties. It will guarantee a fair case can be successfully resolved, and respect and safeguard the national legal systems, to effectively protect the interests of both parties and has an important and positive significance of promoting the harmonious and stable development of the international community.