Recognition of a foreign divorce (承认外国法院离婚判决) is the process by which a divorce judgment or mediation document issued by a foreign court becomes effective in mainland China. A Chinese citizen, or another interested party, applies to the Intermediate People's Court, usually where the applicant is domiciled. Until the divorce is recognised, Chinese authorities may still treat the person as married, which affects remarriage in China, property registration and inheritance.
Why it matters
Many Chinese citizens divorce abroad and assume the foreign decree is enough. In mainland China it generally is not. The procedure described here covers the divorce itself, meaning the change in marital status. Property division, custody and support orders in the same foreign judgment generally need separate recognition and enforcement under a treaty or on the basis of reciprocity, which is more complex. The court can refuse recognition if the respondent was not properly served or had no opportunity to be heard, if the judgment is not final, if a Chinese court has already ruled on the same divorce, or if recognition would violate Chinese public policy. China is not a party to the 1970 Hague Divorce Recognition Convention. For Hong Kong judgments, a separate arrangement applies.
How it works in practice
A Chinese woman divorced her husband in a US state court. Years later she wanted to sell a flat in Guangzhou registered in both names, and the registration authority asked for proof of divorce valid in China. Her lawyer obtained a certified copy of the US decree with proof of finality and of service on the husband, had it apostilled and translated, and applied to the Guangzhou Intermediate People's Court. The court recognised the divorce, and the sale proceeded.
Common mistakes
- Remarrying in China without first recognising the foreign divorce
- Assuming recognition of the divorce also covers the property and custody orders
- Failing to prove the other spouse was properly served in the foreign case
- Submitting uncertified copies or omitting proof the judgment is final
- Confusing foreign court judgments with Hong Kong judgments, which follow different rules