If you are a foreigner wondering how to get divorced in China, there are two routes: divorce by agreement at a designated marriage registry, or a court (litigation) divorce. The registry route is generally only available if your marriage was registered in mainland China and both spouses can attend in person and agree on everything; in all other cases, including most marriages registered abroad, you will generally need to go to court, where Chinese law applies.
This guide walks through both routes as of 2026, what documents you need, how long each takes, and the mistakes we most often see international couples make. Every family is different, so treat it as a map rather than legal advice for your specific case.
Can a foreigner get divorced in China?
Yes. Chinese law does not prevent foreigners from divorcing in China. What matters is not your passport, but three practical questions:
- Where was the marriage registered? A marriage registered in mainland China can, in principle, be dissolved at a marriage registry. A marriage registered abroad generally cannot, and goes to court.
- Do you both agree? The registry only handles divorces where both spouses agree on the divorce itself and on children, property and debts.
- Where do you both live? Chinese courts generally have jurisdiction where the defendant is domiciled or habitually resident in China. There are also special rules for Chinese citizens living abroad, for example where a foreign court will not accept the case because of nationality, the court of the place of marriage or the last domicile in China may hear it.
A divorce with a foreign element is often called a foreign-related divorce. It follows the same basic law, the PRC Civil Code (in force since 1 January 2021), but with extra steps around documents, service and choice of law.
Registry divorce vs court divorce: which route applies to you?
| Divorce by agreement (registry) | Litigation divorce (court) | |
|---|---|---|
| Where the marriage was registered | Generally mainland China | Mainland China or abroad |
| Agreement needed | Full agreement on divorce, children, property and debts | No, the court decides disputed issues |
| Attendance | Both spouses in person | A lawyer can often act; personal attendance sometimes required |
| Cooling-off period | Yes, 30 days | No |
| Typical duration | Roughly 1 to 2 months | 3 to 6 months domestically; often 12+ months if a spouse is abroad |
| Governing law | Law chosen by the parties within limits | Chinese law (law of the forum) |
Route 1: Divorce by agreement at the marriage registry
Divorce by agreement (协议离婚) is usually the fastest and least expensive route. For couples where one spouse is a foreigner, it is handled at registries authorised for foreign-related matters, typically not every district office. Since 10 May 2025, if one spouse is a mainland resident you can use any such registry anywhere in China, not only one in the Chinese spouse's hukou city, but check which offices have that authority before you go.
Who qualifies
In practice this route is mostly used by a mainland Chinese citizen and a foreign spouse whose marriage was registered in mainland China. Both of you must:
- Genuinely agree to divorce.
- Have signed a written divorce agreement dealing with children, property and debts.
- Be able to appear in person at the registry, twice (see the cooling-off period below).
If one spouse is abroad and cannot travel, refuses to cooperate, or disputes any term, the registry route is not available and you will need the court.
Documents you typically need
Requirements vary by registry, so always confirm locally, but you should expect to bring:
- Your valid passport (foreign spouse) and resident identity card (Chinese spouse; the hukou booklet is no longer required since 10 May 2025)
- Both original marriage certificates
- A signed written divorce agreement, in Chinese (a bilingual version is strongly recommended)
- Recent identical photos, where the registry asks for them
The divorce agreement is the heart of this route. Once the divorce is registered, its property and child-related terms are binding, and poorly drafted terms are one of the main sources of later disputes. Our uncontested divorce team drafts and reviews these agreements in both languages.
The 30-day cooling-off period
Under Article 1077 of the Civil Code, after the registry accepts your application there is a 30-day cooling-off period. Either spouse may withdraw during this time. After it ends, both spouses must return in person within the next 30 days to receive the divorce certificate; if you do not, the application is treated as withdrawn. We explain the practical traps in detail in our guide to China's divorce cooling-off period.
Route 2: Court divorce for foreigners
If the registry route is not available, you file a divorce petition (诉讼离婚) with a people's court. This is the route for most marriages registered abroad, for cases where one spouse is overseas, and for any divorce where the spouses disagree.
Which court hears the case
Generally, you file where the defendant is domiciled or habitually resident. If the defendant lives abroad but you live in China, Chinese procedural law generally allows filing where the plaintiff lives. Foreign-related cases may be concentrated in particular courts depending on the city, so confirming the correct court before filing avoids delays.
Which law applies
Under Article 27 of the Law on Choice of Law for Foreign-Related Civil Relations, a litigation divorce is governed by the law of the forum. In plain terms: if a Chinese court hears your divorce, it applies Chinese law, whatever your nationality. Property may be treated differently, as spouses can choose the law governing their marital property (Article 24).
Grounds for divorce
Chinese courts do not grant divorce automatically. The court first tries mediation. If mediation fails and mutual affection has truly broken down, divorce shall be granted (Article 1079). The Civil Code lists situations such as bigamy or cohabiting with another person, domestic violence, maltreatment or desertion, uncorrected gambling or drug addiction, and two years of separation due to discord.
Courts often refuse a first contested petition where none of these grounds is clearly proven. After a refusal, you generally cannot re-file within six months without new circumstances, but if the spouses then live apart for another year, a new petition shall be granted. Our article on contested divorce in China covers this in depth.
Serving a spouse who lives abroad
When the defendant lives outside China, the court must serve the papers abroad, through the Hague Service Convention (China is a party) or diplomatic channels. This alone can take many months. If no address can be found, the court may use service by publication, which for a party with no domicile in China is deemed complete 60 days after publication (since 1 January 2024; previously three months). This is the main reason foreign-related cases often take a year or more.
Married abroad? What changes
If you married in another country, even if one of you is Chinese, the Chinese marriage registry generally cannot dissolve that marriage. Your options are usually:
- Divorce in a Chinese court, if it has jurisdiction, with your foreign marriage certificate apostilled or legalised and translated into Chinese.
- Divorce in the country where you married or live, and then, if the Chinese spouse needs it recognised in China, apply for recognition. See is my foreign divorce valid in China.
Since 7 November 2023, public documents from other Apostille Convention member states generally need only an apostille rather than consular legalisation, plus a certified Chinese translation. The Convention does not apply between China and India, and documents from non-member states still need consular legalisation.
Children, property and debts
Divorcing in China means these issues are decided under Chinese law (or, for property, a law you validly chose):
- Custody: a child under two is in principle raised by the mother; for a child aged eight or older, the child's true wishes must be respected; otherwise the court looks at the child's best interests. See how Chinese courts decide child custody.
- Child support: generally 20% to 30% of the paying parent's monthly total income for one child.
- Property: income and property acquired during the marriage is generally community property, while pre-marital property is generally separate.
If assets are located outside China, a Chinese judgment may need separate recognition or enforcement abroad, which is worth planning for before choosing where to file.
How long does a divorce in China take, and what does it cost?
| Scenario | Typical timeline (as of 2026) |
|---|---|
| Registry divorce, both in China | About 1 to 2 months including cooling-off |
| Court divorce, simplified procedure | Generally within 3 months |
| Court divorce, ordinary procedure | Generally within 6 months, extendable |
| Court divorce, spouse abroad | Often 12 months or longer |
Court filing fees for divorce are modest, typically RMB 50 to 300 per case, plus a percentage where the property in dispute exceeds RMB 200,000. Translation, apostille and lawyers' fees vary with complexity. Many firms, including ours, offer fixed fees for defined-scope work such as agreement drafting and staged fees for litigation.
Can I use a Chinese divorce in my home country?
Usually, but check before you file. Most countries recognise a divorce granted by a competent Chinese registry or court, but some require specific documents, translations or a local recognition step. A court judgment with a certificate of effectiveness is sometimes easier to use abroad than a registry divorce certificate. If you plan to remarry abroad or deal with overseas assets, ask about this first.
Common mistakes foreigners make
- Assuming a marriage registered abroad can be dissolved at a Chinese registry.
- Signing a Chinese-only divorce agreement without an independent translation.
- Leaving the country before the second registry appointment after the cooling-off period.
- Filing without a current address for the overseas spouse, which pushes the case into service by publication.
- Forgetting that a Chinese divorce does not automatically transfer property registered abroad.
- Entering a "fake divorce" for housing or debt reasons. Legally the divorce is real and the agreement binds.
Key takeaways
- There are two routes: registry divorce by agreement, and court divorce.
- The registry route generally requires a mainland-registered marriage, full agreement and both spouses in person.
- Court divorces in China apply Chinese law and begin with mediation.
- A spouse living abroad usually means a much longer timeline because of international service.
- Documents from abroad generally need an apostille or legalisation plus a certified Chinese translation.
- Think about where the divorce will need to be used, and where assets are, before you file.
Our divorce for foreigners team works in English and Chinese from Shenzhen and Guangzhou. If you would like to talk through your options, book a free, confidential consultation.