How we work with clients in Shenzhen
Our Shenzhen office in Nanshan District is the firm's family-law base, helping expat families, mixed-nationality couples and Hong Kong–Shenzhen cross-border families with divorce, custody, property and inheritance. We work in English and Chinese, in person or by video.
Family law in ShenzhenWhich court handles it in Shenzhen?
Divorce, custody and child-support cases are generally heard first by the basic (district) people's court where the defendant is domiciled — for example the courts of Futian, Luohu, Nanshan, Bao'an, Longgang or Longhua districts. Where the defendant lives outside mainland China (including Hong Kong), the court where the plaintiff is domiciled can often hear a status case such as divorce.
Applications to recognise a foreign divorce judgment, and applications under the Hong Kong–Mainland matrimonial arrangement, go to the Shenzhen Intermediate People's Court, which also hears appeals from the district courts.
Marriage & divorce registry in Shenzhen
Marriage and agreed-divorce registration is handled by the marriage registry of the Shenzhen Civil Affairs Bureau system. Registrations involving a foreign national (and, in many cases, Hong Kong, Macau or Taiwan residents) can only be handled at designated registries, and both spouses must attend in person. Appointment systems, the designated office and document lists change from time to time — check the current requirements before you go, or ask us to confirm them for you. 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 divorce works with us in Shenzhen
- 1
Confidential first call
A free 30-minute consultation (at our Shenzhen office or by video) 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 Shenzhen.
- 4
Negotiation, mediation or trial
We represent you throughout and report in English or Chinese at every step, through to enforcement.
China divorce lawyers who explain every step
Ending a marriage is hard enough without also trying to work out an unfamiliar legal system. If you are looking for a divorce lawyer in China, you probably want three things: a clear picture of your options, an honest view of the risks, and someone who will handle the process calmly while you focus on your family. Choi & Huang has advised on family matters since 1997 from our offices in Shenzhen and Guangzhou, and our bilingual team works with mainland Chinese clients, Hong Kong residents, overseas Chinese and foreign nationals alike.
This page gives an overview of how divorce in China works as of 2026 under the PRC Civil Code (Book V, "Marriage and Family"). Each topic links to a more detailed page if you want to go deeper.
The two routes to divorce in China
Chinese law offers two ways to end a marriage. Which one is open to you depends on whether you and your spouse agree, where you married, and whether you can both attend in person.
1. Divorce by agreement at the marriage registry
A divorce by agreement (协议离婚) is handled by the Civil Affairs Bureau marriage registry rather than a court. Both spouses must appear in person with a signed written divorce agreement covering the children, property and debts.
- A 30-day cooling-off period starts when you file. Either spouse may withdraw during that time.
- After the 30 days end, both spouses must return in person within the following 30 days to collect the divorce certificate. If you do not, the application is treated as withdrawn.
- Registry divorce is generally available only where the marriage was registered in mainland China. Foreign-related registry divorces are handled at designated registries.
Read more on our uncontested divorce page.
2. Litigation divorce in the People's Court
If you cannot agree, or registry divorce is not available (for example, you married abroad or your spouse will not or cannot attend), you file a litigation divorce (诉讼离婚). The court will first try mediation. Under Article 1079 of the Civil Code, a divorce shall be granted if mediation fails and mutual affection has truly broken down. The law gives examples of when this is the case:
- bigamy, or cohabiting with another person
- domestic violence, maltreatment or desertion
- gambling or drug addiction not corrected despite repeated admonition
- separation for two years because of discord
- other circumstances causing a breakdown of the relationship
Courts often refuse a first contested petition where there is no clear statutory ground. If that happens, you generally cannot refile within six months without new circumstances, and if the spouses then live apart for another year, a new petition shall be granted. Our contested divorce litigation page explains the court process in detail.
Divorce in Shenzhen: FAQs
Do I need to meet a lawyer in person in Shenzhen for divorce?
No. Many clients meet us at our Shenzhen office, but most of the work can be done by video, phone, email, WeChat or WhatsApp — including for clients living outside China. Court hearings and some registry steps may still require attendance, and we tell you early exactly when that is.
Can I file for divorce in Shenzhen if my spouse lives in Hong Kong?
Generally yes, if you are domiciled in Shenzhen. For status cases such as divorce against a defendant who does not live in mainland China, the court where the plaintiff lives can usually hear the case. Service on a spouse in Hong Kong goes through the mainland–Hong Kong service arrangement, so allow extra time. We can also advise whether filing in Hong Kong would suit you better.
Do I need to come to your Shenzhen office in person?
No. Many clients work with us entirely by video, email and WeChat. You are welcome at our Nanshan office, but documents can be signed remotely and, in most court matters, we can act under a notarised power of attorney. A registry divorce, however, requires both spouses in person.
How long does a divorce take in China?
A registry divorce takes at least 30 days because of the cooling-off period, plus the time needed to agree terms. A court divorce under simplified procedure is generally concluded within 3 months and under ordinary procedure within 6 months, which can be extended. Where a party is abroad, cases often take 12 months or more because of service abroad.
Can I get divorced in China if my spouse does not agree?
Yes, by filing a litigation divorce. The court will grant a divorce if mediation fails and mutual affection has truly broken down, for example because of domestic violence, cohabitation with another person or two years' separation. Without a clear ground, courts often refuse a first petition, but a new petition after a further year of separation shall be granted.
How much does a divorce lawyer in China cost?
It depends on the route and complexity. We offer fixed fees for defined work such as drafting a divorce agreement or supporting a registry divorce, and staged fees for litigation. Court filing fees are modest, generally RMB 50 to 300, plus a percentage where disputed property exceeds RMB 200,000.
Do I have to be in China to get divorced?
For a registry divorce both spouses must appear in person. For a court divorce, clients abroad can often proceed through a lawyer with a notarised and apostilled power of attorney, although some courts may still require personal attendance at certain stages, especially to confirm a party's wishes about the divorce.
Related guides
China Divorce Rate 2026: Statistics, Trends and the Cooling-Off Effect
China's official divorce rate was 2.5 per 1,000 people in 2024, with 3.513 million divorces and 6.106 million marriage registrations. Official Ministry of Civil Affairs data from 2020 to 2025, what the 2021 cooling-off period changed, and how to read the numbers.
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 guideUsing a Chinese Divorce Certificate or Judgment Abroad
Need to prove your Chinese divorce overseas to remarry, update records or deal with property? How notarial certificates, apostilles and translations work, and why recognition abroad depends on each country.
Read the guide