Yes, divorce is legal in China, and it is governed by the PRC Civil Code, which has been in force since 1 January 2021. Couples can divorce by agreement at a marriage registry (with a 30-day cooling-off period) or through the people's court, where a divorce is granted if mediation fails and mutual affection has truly broken down. China does not have Western-style alimony, but a spouse in difficulty can receive economic assistance, and there are separate claims for housework compensation and divorce damages.
This pillar guide gives you the full picture of China divorce law as of 2026, then points you to our more detailed articles on each topic. It is general information, not advice on your particular case, so please speak to a lawyer before acting.
Is divorce legal in China?
Yes. Freedom of marriage, which includes the freedom to divorce, is a basic principle of the Civil Code. Book V "Marriage and Family" (Articles 1040 to 1118) sets out the rules, and the Supreme People's Court (SPC) has issued two judicial interpretations on how courts apply them: Interpretation I (in force 1 January 2021) and Interpretation II (in force 1 February 2025).
Two points of confusion are worth clearing up straight away:
- There is no "new divorce law of 2025 or 2026". The 30-day cooling-off period has existed since 1 January 2021 and applies only to registry divorce. Interpretation II clarified several property and custody questions but did not change the cooling-off rules. We explain what did change in our post on Interpretation II.
- Foreigners can divorce in China. Nationality is not the test; where the marriage was registered, where the spouses live and whether they agree are what matter. See how to get divorced in China as a foreigner.
The two routes to divorce in China
| Divorce by agreement (registry) | Litigation divorce (court) | |
|---|---|---|
| Legal basis | Civil Code Arts. 1076 to 1078 | Civil Code Art. 1079 |
| Who can use it | Spouses who agree on everything; marriage generally registered in mainland China | Anyone where a Chinese court has jurisdiction |
| Cooling-off period | 30 days, plus a 30-day window to collect the certificate | None |
| Attendance | Both spouses in person | A lawyer can usually act; courts may ask you to confirm your wishes |
| Typical duration | About 1 to 2 months | 3 to 6 months domestically; often 12+ months with service abroad |
| Result | Divorce certificate | Judgment or mediation document |
Divorce by agreement
Divorce by agreement (协议离婚) takes place at the Civil Affairs Bureau's marriage registry. Both spouses appear in person with a signed written divorce agreement covering children, property and debts. Under Article 1077, either spouse may withdraw within 30 days of the application. After that, both must return in person within the next 30 days to receive the divorce certificate, or the application is treated as withdrawn. Our guide to the divorce cooling-off period covers the practical traps.
Registry divorce generally requires the marriage to have been registered in mainland China. Couples married abroad, or where one spouse cannot attend, generally have to go to court. Our uncontested divorce team drafts bilingual agreements, and you can start from our bilingual divorce agreement template.
Litigation divorce
In a litigation divorce (诉讼离婚), one spouse files a petition with the people's court. The court first tries mediation. If mediation fails and mutual affection has truly broken down, the divorce shall be granted. For a realistic picture of hearings, evidence and timing, read contested divorce in China: what to expect or see our contested divorce litigation service.
Grounds for divorce: does China have no-fault divorce?
Broadly, yes, although not in the same form as in many Western countries. The legal test in court is the breakdown of mutual affection (感情确已破裂), and neither spouse has to prove the other did something wrong. At the registry, no reason is needed at all: the spouses' agreement is enough.
Article 1079 lists situations in which a court shall grant the divorce if mediation fails:
- Bigamy, or cohabiting with another person.
- Domestic violence, maltreatment or desertion of a family member.
- Gambling or drug addiction that continues despite repeated admonition.
- Separation for two full years because of discord.
- Other circumstances causing the breakdown of mutual affection.
A divorce shall also be granted where a spouse has been declared missing, or where a court has already refused a divorce and the spouses then live apart for another year and one of them files again.
In practice, courts often refuse a first contested petition when there is no clear statutory ground, because they want to give the marriage a chance. After a judgment refusing divorce, the petitioner generally cannot re-file within six months unless there are new circumstances. That is why many contested divorces take two filings. It is also why evidence of separation, violence or an affair matters so much.
Fault still matters for money. The innocent spouse may claim divorce damages, and courts consider the no-fault party when dividing property.
One special rule protects pregnant women and new mothers: under Article 1082, the husband may not file for divorce during the wife's pregnancy, within one year after delivery, or within six months after a termination of pregnancy, unless the wife files or the court considers it necessary.
Does China have alimony?
Not in the Western sense. Chinese law has no general, ongoing spousal maintenance paid for years after divorce. Instead, there are three separate claims, each with its own conditions:
| Claim | Civil Code | When it applies | Form |
|---|---|---|---|
| Economic assistance (经济帮助) | Art. 1090 | One spouse is in genuine difficulty at the time of divorce and the other is able to help | Usually a one-off sum or use of housing; sometimes short-term payments |
| Economic compensation (家务补偿) | Art. 1088 | One spouse bore more of the burden of raising children, caring for elderly relatives or assisting the other's work | A lump sum, by agreement or decided by the court |
| Divorce damages (离婚损害赔偿) | Art. 1091 | The divorce is caused by bigamy, cohabitation, domestic violence, maltreatment or desertion, or other serious fault | Compensation for material and emotional harm |
These amounts are usually modest compared with alimony awards in, for example, the United States. The most important financial protection for a lower-earning spouse is normally a fair share of the community property, which is why property division deserves careful attention.
Child custody and visitation
After divorce, both parents remain parents with rights and duties. The court decides which parent has direct custody (直接抚养) using three rules under Article 1084:
- A child under two generally lives with the mother.
- For a child aged two to eight, the court applies the child's best interests, looking at care history, stability, health, housing and each parent's capacity.
- A child aged eight or older has their true wishes respected.
The other parent has visitation rights (Article 1086), which can be suspended only if visits harm the child. Joint or alternating arrangements are increasingly accepted where parents agree. Interpretation II also addresses a parent who snatches or hides a child, which counts against that parent. For detail, see how Chinese courts decide custody and our child custody page.
Child support
Under SPC Interpretation I (Article 49), where the paying parent has a fixed income, child support is generally 20% to 30% of monthly total income for one child. For two or more children it may be higher, but generally not above 50%. Support is usually paid until the child turns 18, and a child can later ask for an increase. You can estimate a range with our child support calculator and read more in how much child support in China.
Property and debts
Chinese law uses a community property system unless the spouses agreed otherwise in writing (Article 1065).
- Community property (Article 1062): wages, business income, investment income and IP income earned during the marriage, plus property inherited or received as a gift during the marriage unless it was designated to one spouse.
- Separate property (Article 1063): pre-marital property, personal injury compensation, property designated to one spouse by will or gift, and items for personal use.
Community property is divided by agreement or, failing that, by the court, which takes into account the interests of the children, the wife and the no-fault party (Article 1087). A spouse who hides, transfers or destroys community property, or invents debts, may receive a smaller share or none at all (Article 1092). Houses, company shares and parents' contributions to home purchases raise the hardest questions. See dividing property in a Chinese divorce, who gets the house and hidden asset tracing.
A word of warning about "fake divorce": couples sometimes divorce to get around home-purchase limits or debts. Legally the divorce is real, and Interpretation II confirms it cannot later be undone on the ground that it was "fake".
Foreign-related divorce in China
A foreign-related divorce follows the same Civil Code, plus these rules:
- Governing law. In a registry divorce, the spouses may choose the law of either party's habitual residence or nationality. In a court divorce, the Chinese court applies Chinese law (Law on Choice of Law for Foreign-Related Civil Relations, Arts. 26 and 27).
- Jurisdiction. Chinese courts generally hear the case where the defendant is domiciled or habitually resident in China. There are also special rules for Chinese citizens abroad.
- Service abroad. Serving papers through the Hague Service Convention or diplomatic channels can take many months. Where no address can be found, service by publication on a party with no domicile in China is deemed complete 60 days after publication (since 1 January 2024).
- Recognition. A Chinese judgment may need recognition abroad, and a foreign divorce generally needs recognition by an Intermediate People's Court before it can be used in China.
Useful next reads: divorce for foreigners, divorce in China or abroad: where to file, is my foreign divorce valid in China? and Hong Kong–mainland cross-border matters.
How much does a divorce cost and how long does it take?
| Item | Typical position as of 2026 |
|---|---|
| Registry fee | Nominal or nil; registries generally do not charge a meaningful fee |
| Court filing fee | RMB 50 to 300 per case, plus a percentage where divided property exceeds RMB 200,000 |
| Lawyer's fees | Vary with complexity; fixed fees for defined work, staged fees for litigation |
| Registry divorce duration | About 1 to 2 months |
| Court divorce, both spouses in China | Generally 3 months (simplified procedure) to 6 months (ordinary procedure) at first instance |
| Court divorce with service abroad | Often 12 months or longer |
| Appeal period | 15 days from service of the judgment (30 days for a party with no domicile in China) |
More detail: divorce cost in China and how long divorce takes in China.
Domestic violence and protection orders
If you are in danger, divorce is not the first step. Under the Anti-Domestic Violence Law, a court can issue a personal safety protection order within 72 hours of accepting an application, or within 24 hours in urgent cases. It is valid for up to six months and can be extended. Victims usually choose litigation divorce, which has no cooling-off period. See our domestic violence and protection orders page.
Key takeaways
- Divorce is legal in China and governed by the Civil Code (since 2021), with SPC Interpretations I and II guiding the courts.
- Registry divorce needs full agreement, in-person attendance and a 30-day cooling-off period; court divorce has no cooling-off.
- The court test is breakdown of mutual affection, so no fault has to be proved, but first contested petitions are often refused.
- There is no Western-style alimony: look instead at economic assistance, housework compensation, divorce damages and, above all, a fair share of community property.
- Custody follows the under-two, best-interests and age-eight rules; child support is generally 20% to 30% of the payer's income for one child.
- Foreign-related cases add questions of jurisdiction, service abroad and recognition, so plan where the divorce will be used before you file.
Talk to a China divorce lawyer
Every divorce is personal, and the right route depends on your marriage, your children, your assets and where you live. Our bilingual divorce lawyers in China work from Shenzhen and Guangzhou with clients across China and overseas. Book a free, confidential consultation and we will help you understand your options calmly and clearly.