Hukou (户口) is China's household registration system. Every mainland Chinese citizen is registered in a household at a specific location, recorded in a household register booklet (户口簿) kept by the family and in police records. The hukou records name, date of birth, relationship to the head of household, marital status and other details. Foreign nationals do not have a hukou; they rely on passports and residence permits instead.
Why it matters
Hukou affects many family-law matters. The Chinese spouse's hukou booklet used to be required for marriage and divorce registration. Since the revised Marriage Registration Regulations took effect on 10 May 2025, it is no longer required: a mainland resident needs only the resident ID card plus a signed declaration. Registration is also nationwide rather than only where the hukou is located. This applies to foreign-related couples too: a mainland resident and a foreigner (or a Hong Kong, Macao or Taiwan resident or overseas Chinese) can register at any registry authorised for foreign-related matters anywhere in China. Check appointment rules with the registry you choose. In litigation, a defendant's hukou location can help determine the competent court. Hukou also matters for a child's school place, social benefits and in some cities home purchase eligibility, which is why custody and hukou transfers are often linked.
How it works in practice
A Chinese mother and her Australian husband divorced in Shenzhen. Their son had been registered in the mother's hukou in her home city, but they wanted him to attend school in Shenzhen, where the father had a work residence permit and the mother had recently obtained a local hukou. As part of the settlement, they agreed the mother would transfer the child's hukou to Shenzhen, and the father would cooperate by signing any documents needed.
Common mistakes
- Assuming a foreign spouse can be added to a Chinese hukou
- Forgetting to update marital status in the hukou after divorce
- Not dealing with a child's hukou in the divorce agreement
- Assuming you must register at the registry where your hukou is, or that you still need the hukou booklet (since May 2025 you do not)
- Assuming hukou location alone decides which court hears a divorce