How we work with clients in Foshan
We help foreign residents, overseas Chinese families and mixed-nationality couples connected to Foshan with divorce, custody, property and inheritance. We have no office in Foshan and serve clients from our Guangzhou office and by video, meeting locally when needed.
Family law in FoshanWhich court handles it in Foshan?
Divorce, custody and child-support cases are generally heard first by the basic (district) people's court where the defendant is domiciled — Foshan's districts are Chancheng, Nanhai, Shunde, Gaoming and Sanshui. If the defendant lives outside mainland China, the court of the plaintiff's domicile can often hear a divorce.
Recognition of foreign divorce judgments, and applications under the Hong Kong–Mainland matrimonial arrangement, go to the Foshan Intermediate People's Court, which also hears appeals from the district courts.
Marriage & divorce registry in Foshan
Marriage and agreed-divorce registration is handled by marriage registries under the Foshan Civil Affairs Bureau. Foreign-related registrations can only be handled at a designated registry, with both parties attending in person. Which office is designated, and how appointments work, can change — check the current requirements before you go, or ask us to confirm them. Since 10 May 2025, registration is nationwide: where one partner is a mainland resident, you can use any registry authorised for foreign-related matters anywhere in China, not only one in your hukou city, and the Chinese partner needs only a resident ID card and a signed declaration (no hukou booklet).
How contested divorce litigation works with us in Foshan
- 1
Confidential first call
A free 30-minute consultation (by video or phone) to understand your situation and goals.
- 2
Strategy & written quote
Your options, the evidence needed, a realistic timeline and costs — fixed fees wherever the scope is defined.
- 3
Preparation & filing
We draft the documents, gather evidence and file with the competent court or registry for Foshan.
- 4
Negotiation, mediation or trial
We represent you throughout and report in English or Chinese at every step, through to enforcement.
Contested divorce in China: how the court process works
When your spouse will not agree to divorce, or you cannot agree on children or property, the only route is the People's Court. A contested divorce in China follows its own logic: the court will try hard to mediate, it looks for evidence that mutual affection has truly broken down, and it may refuse a first petition. Knowing this in advance helps you plan, gather the right evidence and avoid wasted months. This page explains the litigation process as of 2026 and how our litigation team in Shenzhen and Guangzhou approaches it.
When will a court grant a contested divorce?
Under Article 1079 of the Civil Code, the court first mediates. If mediation fails and mutual affection has truly broken down, a divorce shall be granted. The law lists situations that show a breakdown:
- bigamy, or cohabiting with another person
- domestic violence, maltreatment or desertion of a family member
- gambling, drug addiction or similar habits not corrected despite repeated admonition
- separation for two years because of discord
- other circumstances causing a breakdown of mutual affection
A divorce shall also be granted where the other spouse has been declared missing.
Restriction on husbands filing
A husband may not file for divorce while the wife is pregnant, within one year after she gives birth, or within six months after termination of a pregnancy, unless the wife files or the court considers it necessary.
Contested Divorce Litigation in Foshan: FAQs
Do I need to meet a lawyer in person in Foshan for contested divorce litigation?
No. We don't have an office in Foshan; clients there are looked after by our Guangzhou team by video, phone, WeChat or WhatsApp, and we meet locally or attend Foshan courts and registries in person whenever the case requires it.
Do you have an office in Foshan?
No. Foshan clients are served by our Guangzhou office in Tianhe and by video. Our lawyers travel to Foshan for meetings and hearings when that is useful.
My parents helped pay for our Foshan home. Will my spouse get half?
Not necessarily. The answer depends on when the money was paid, whether it was a gift to you alone or to both of you, whose name is on the title, and any written agreement. Interpretation II (effective 1 February 2025) gives courts more guidance here, and courts can weigh the parents' contribution when dividing the home.
What happens if my spouse refuses to divorce in China?
You can file a litigation divorce. The court will mediate first and grant a divorce if mediation fails and mutual affection has truly broken down. Without a clear ground a first petition is often refused, but a new petition after a further year of separation shall be granted.
Why do Chinese courts refuse the first divorce petition?
Courts look for proof that mutual affection has truly broken down. Where there is no clear statutory ground such as domestic violence or two years' separation, and the other spouse wants to stay married, courts often refuse the first petition. Practice varies between courts and judges.
How soon can I file again after a divorce is refused?
Generally not within six months of the judgment unless there are new circumstances or new reasons. If the spouses then live apart for one year after the refusal, a new petition shall be granted.
Can I freeze my spouse's assets during a divorce?
Yes. You can apply for property preservation before or during the case, such as freezing bank accounts or restricting transfers of real estate or shares. The court usually requires security, and acting early is important.
Related guides
Contested Divorce in China: What to Expect in Court
What happens in a contested divorce in China: filing, mediation, the hearing, why first petitions are often refused, the six-month and one-year rules, timelines and how to prepare evidence.
Read the guideDivorce in China When Your Spouse Refuses, Won't Respond or Has Disappeared
Your spouse will not agree, ignores the court or cannot be found. You can still get divorced in China through the courts. How refusal, service by publication, the one-year rule and declarations of missing status work.
Read the guideChina Divorce Law: A Complete Guide (2026)
Everything you need to know about divorce law in China as of 2026: the two divorce routes, grounds, whether China has no-fault divorce or alimony, custody, child support, property, foreign-related cases, costs and timelines.
Read the guide