Uncontested (Agreed) Divorce & Divorce Agreements

Uncontested divorce in China: the agreed route

If you and your spouse both want to end the marriage and can agree on the children, property and debts, an uncontested divorce in China is usually quicker, cheaper and less painful than going to court. But "agreed" does not mean "simple". The divorce agreement you sign will govern where your children live, who keeps the home and who pays which debts, often for years. This page explains how agreed divorce works as of 2026 and how we help couples get it right.

Divorce by agreement at the marriage registry

A divorce by agreement (协议离婚) is registered at the Civil Affairs Bureau marriage registry. The basic requirements are:

• the marriage was registered in mainland China (the registry route is generally not available for marriages registered abroad);
• both spouses have full civil capacity and genuinely want to divorce;
• both attend in person; and
• you submit a signed written divorce agreement covering children, property and debts.

Foreign-related registry divorces, where one spouse is a foreign national or a Hong Kong, Macau or Taiwan resident, are handled at designated registries. Check the local registry's current requirements before you go.

The 30-day cooling-off period

Under Article 1077 of the Civil Code, a 30-day cooling-off period starts when the registry accepts your application.

1. During the 30 days, either spouse may withdraw the application.
2. After the 30 days end, both spouses must return in person within the next 30 days to apply for the divorce certificate.
3. If you do not return in time, the application is deemed withdrawn and you have to start again.

The cooling-off period applies only to registry divorces. It does not apply to divorces granted or mediated by a court. Read more in our article on the divorce cooling-off period.

Drafting the divorce agreement

The registry checks that the agreement exists and covers the required topics; it does not check whether it is fair or workable. A good agreement should cover:

Children

• who has direct custody of each child
• the amount, timing and method of child support, and who pays education and medical costs (see our child support calculator)
• a practical visitation schedule, including holidays and travel abroad

Property

• each property, vehicle, bank account, investment and company interest, clearly identified
• who keeps what, any balancing payment, and deadlines for payment and transfer
• how mortgage payments will be handled until the loan is refinanced

Debts and other terms

• who is responsible for each debt, and indemnities if a creditor pursues the other spouse
• consequences of late payment or failure to transfer

Common pitfalls

• Vague wording. "The house goes to the wife" without a deadline or a plan for the mortgage often leads to later disputes.
• Unregistered transfers. Real estate still needs to be transferred at the property registry; until then, third parties may rely on the register.
• Promises to give property to a child. These can raise complex questions if the transfer never happens.
• "Fake divorce". Divorcing to get around home-purchase limits or creditors is high-risk: the divorce is real and the property terms bind you.
• Ignoring foreign assets or foreign law. International couples should consider how the agreement will be treated abroad.

If a dispute arises about performance of the agreement after the divorce, it can be taken to court. Getting the drafting right in the first place is far cheaper.

When the registry is not an option: agreed divorce through court mediation

If you married abroad, one spouse cannot attend in person, or the registry will not accept the case, you can still divorce on agreed terms through the court. You file a divorce case and the court records your settlement in a mediation document. It takes effect once both parties sign it, has the same force as a judgment, and no cooling-off period applies. For international couples this is often the most practical agreed route. See divorce for foreigners.

How we help

• Advising whether registry divorce or court mediation suits your situation
• Drafting or reviewing a bilingual divorce agreement
• Checking custody, support and property terms against the law and your goals
• Preparing documents and briefing you for the registry appointment
• Handling court mediation for couples who cannot use the registry
• Assisting with property transfers after the divorce

For international couples, we can prepare the agreement in English and Chinese side by side, so both spouses understand exactly what they are signing and the Chinese text can be used at the registry or court.

We offer fixed fees for agreement drafting and registry divorce support, so you know the cost upfront.

What to do next

Before you sign anything, have the agreement reviewed. Contact us for a free 30-minute consultation, or read our overview of divorce lawyers in China.