Application of foreign-related divorce

Certificates and documents required for divorce registration

1.Mainland Chinese seeking divorce shall produce the following certificates and documents:

(1) His/her household register and ID card;

(2) His/her marriage certificate;

(3) Divorce agreement signed by both parties.

2.Hong Kong, Macau or Taiwan residents, overseas Chinese and foreigners applying for divorce shall produce the following certificates and documents:

(1) His/her marriage certificate;

(2) Divorce agreement signed by both parties.

*Divorce agreement shall record both parties’ intention of voluntary divorce and consensus on issues of bringing-up children, property and liability.

Apart from the certificates and documents specified above, Hong Kong, Macau or Taiwan residents applying for divorce shall also produce his/her valid exit-entry permit and ID card, while the overseas Chinese or foreigners seeking divorce shall also produce his/her valid passport or other valid international travel documents.

Basic procedures

A marriage in China between a foreigner and a Chinese citizen or between two foreigners is considered a "foreign-related marriage". All cases of divorce in China concerning a foreign-related marriage must be filed with the court.

In order for the Chinese court to accept such a case, at least one of the partners of the marriage must either have Chinese residency and be physically present in the territory of the People's Republic of China or have resided continuously in China for at least one year.

Provided the above requirement is met, in case the other partner of the marriage resides outside China, the one requesting a divorce may file a divorce suit with the intermediate people's court in the place where he or she lives, or where his or her residency is registered. Otherwise, if the partner requesting a divorce lives overseas, he or she may file the suit with the intermediate people's court in the place where either the other partner of the marriage lives or that partner's residency is registered.

*In the event a couple wishes to resume their marriage in China after divorcing, they must go through the normal marriage registration procedures as described above.