Divorce by agreement (协议离婚), often called a registry divorce, is the administrative route to divorce in China. Both spouses appear in person at the marriage registry of the Civil Affairs Bureau with a written divorce agreement that covers child custody and support, the division of property and the handling of debts. A 30-day cooling-off period follows the application; afterwards both must return in person within 30 days to collect their divorce certificates.
Why it matters
A registry divorce is usually the quickest, cheapest and most private way to end a marriage in China. There is no court hearing and no judgment. But it has strict conditions. The marriage generally must have been registered in mainland China; a couple married abroad generally must go to court. Both spouses must appear in person, so a power of attorney does not work here. Foreign-related registry divorces are handled at registries authorised for foreign-related matters; since 10 May 2025, if one spouse is a mainland resident, any such registry in China will do. And the registry does not review whether the agreement is fair, so a poorly drafted agreement can cause years of disputes.
How it works in practice
A German woman and her Chinese husband, married in Shenzhen, agreed on everything: the child would live with the mother, the father would pay a monthly amount and have regular visits, and the flat would be sold. A lawyer drafted a bilingual agreement with a clear sale timetable. They applied at the designated registry, waited out the cooling-off period and collected their certificates together about five weeks later.
Common mistakes
- Trying a registry divorce when the marriage was registered overseas
- Assuming one spouse can attend through a lawyer or agent
- Using a vague template agreement that does not say who pays what, and when
- Leaving debts or overseas assets out of the agreement
- Treating a "fake divorce" as reversible; a registry divorce is legally real