Divorce for Foreigners & International Couples

Divorce in China for foreigners and international couples

If you or your spouse is a foreign national, or you married outside mainland China, you are dealing with a foreign-related divorce. The basic rules of Chinese divorce still apply, but questions of jurisdiction, applicable law, service of documents and recognition abroad come on top. Getting these right early can save months. This page explains how divorce in China for foreigners works as of 2026, and how our bilingual team in Shenzhen and Guangzhou handles it.

Can a Chinese court hear my divorce?

Chinese courts generally have jurisdiction where the defendant is domiciled or habitually resident in mainland China. In practice this covers many foreigners who live and work here, as well as Chinese citizens whose spouse lives in China.

There are also special rules for Chinese citizens who live abroad. For example, where a foreign court will not accept a divorce case because of the parties' nationality, a court at the place of marriage or the last domicile in China may hear it.

Where more than one country could hear the case, the choice of forum matters a great deal: it affects which law applies, how property is divided, the speed of the process and whether the result will be recognised elsewhere. Our article on whether to file in China or abroad walks through the trade-offs.

Which law applies to a foreign-related divorce?

Under the Law on Choice of Law for Foreign-Related Civil Relations:

• Litigation divorce: the court applies the law of the forum. A Chinese court will apply Chinese law to the divorce itself.
• Divorce by agreement: the parties may choose the law of either spouse's habitual residence or nationality; failing a choice, rules such as common habitual residence apply.
• Marital property: the spouses may choose the applicable law, within limits, which is one reason a well-drafted prenuptial agreement is valuable.
• Parent and child: the law of the common habitual residence applies, otherwise the law more favourable to the weaker party.

Married abroad or married in China?

Married in mainland China

If your marriage was registered in mainland China and both of you can attend in person with an agreed settlement, a registry divorce may be possible at a registry authorised for foreign-related matters. Since 10 May 2025, where one of you is a mainland resident, this can be any such registry in China, not only the one where the Chinese spouse's hukou is. The 30-day cooling-off period applies.

Married abroad

If you married outside mainland China, the registry route is generally not available and you will need to go to court, even if you agree on everything. The court can record your agreement through court mediation, which produces a mediation document with the same effect as a judgment. You will need your foreign marriage certificate with an apostille (or legalisation) and a certified Chinese translation.

When your spouse lives abroad

Divorcing a spouse who is overseas is one of the most common reasons clients come to us.

• Service abroad can take many months, through the Hague Service Convention (China is a party) or diplomatic channels.
• If no address can be found, the court may use service by publication, which for a party with no domicile in China is deemed complete 60 days after publication (since 1 January 2024; previously three months).
• Because of this, foreign-related cases are not bound by the usual court time limits and often take 12 months or more.
• The defendant abroad has 30 days, rather than 15, to appeal a judgment.

For practical steps, see our guide to divorce when your spouse lives overseas.

Documents and apostilles

Since 7 November 2023, public documents from other Hague Apostille Convention member states need only an apostille, with no consular legalisation, plus a certified Chinese translation. Documents from non-member states still need legalisation, and the Convention does not apply between China and India, so Indian documents also still need consular legalisation. Typical documents include:

• passports and residence permits
• foreign marriage certificate
• children's birth certificates
• a notarised and apostilled power of attorney if you will not attend
• evidence of property and income abroad

Using a Chinese divorce judgment abroad

A Chinese divorce judgment or mediation document is effective in China once it becomes final. Whether it will be recognised in your home country depends on that country's law. Many countries recognise foreign divorces if the court had proper jurisdiction and the other spouse was properly notified, so careful service and a clear record matter. We coordinate with foreign counsel where needed. See using a Chinese divorce abroad.

Going the other way, a foreign divorce judgment generally needs recognition by an Intermediate People's Court before it can be used in mainland China. See recognition of foreign divorce judgments.

How we help

• Assessing jurisdiction and advising where to file
• Preparing apostilled and translated documents and powers of attorney
• Handling service abroad and following up with the court
• Negotiating settlements and recording them by court mediation
• Coordinating custody and property issues across borders, including Hong Kong
• Working with foreign lawyers so the result can be used in your home country

What to do next

Gather your marriage certificate, passports and any documents about children and property, then contact us for a free 30-minute consultation. We can speak by video if you are outside China.