Couples who want to obtain a divorce in China can benefit from the support provided by our team of lawyers. As such, our divorce lawyers in China are able to provide you with legal support and representation in a court of law if you decide to divorce your partner. Proper counseling in your case is recommended, especially if you are a foreigner married to a Chinese citizen.
| Quick Facts | |
|---|---|
| Divorce legislation in China | Chinese Divorce Law |
|
Grounds for divorce in China |
– marriage breakdown, – domestic abuse, – infidelity, – mental illness, – criminal conviction |
|
Types of divorce in China |
By mutual agreement and by litigation |
| Representation for foreigners in China(YES/NO) | YES |
| Representation for both spouses (YES/NO) |
YES |
| Child custody legal advice (YES/NO) |
YES |
| Mutual consent formalities |
A joint petition can be filed. |
| Reconciliation before legal separation |
Provided to spouses who want to get a divorce in China |
| Legal advice for the distribution of mutual assets |
Legal counseling is offered at the time the former partners decide to get a divorce in China |
| Representation in the court of law | We represent our clients in the court of law if the divorce cannot be set by mutual agreement. |
| Time frame for divorce in China |
6 months or more |
| Annulment of marriage |
Marriages in China can be canceled if one of the spouses is under the required age or if forced marriage is involved. |
| Mediation statement |
Required if partners agree on mediation for marriage dissolution |
| Is divorce in China recognized in the country of origin of former spouses? |
Yes, but the divorce decision must be registered first. |
| Why choose our divorce lawyers in China? |
We offer: – legal advice to both spouses, – experience, – professionalism, – legal services at optimal costs. |
| Temporary separation | Available option for spouses to reconciliate |
|
Divorce by agreement |
Handled by the Marriage Registration Offices in China |
|
How long does it take to settle a divorce by litigation in China |
Usually, between 6 months and 2 years |
| Divorce case for a Chinese citizen married to a foreigner | This can take place in China, regardless of place of residence. |
| Validity of divorce in China |
Worldwide |
| Best divorce option and recommended in China |
Negotiated and settled divorce |
| What happens first if spouses agree to a settled divorce? |
Common assets and custody are discussed, alongside our divorce lawyers in China. |
| How is the divorce agreement drafted? |
In Chinese and English |
| Copies of a divorce decision |
One remains at the court of law, while the other two are handled by spouses. |
| Mediation if only one of the spouses wants to get a divorce in China | Available option |
| Domicile of children after separation of parents |
Normally at the mother’s domicile in China |
| Expenses involved in custodial rights |
Supported by the parent who wins the custody. An agreement is signed by both parents. |
| Factors deciding child maintenance in China |
Incomes of both parents |
| What types of matrimonial assets are distributed after a divorce? |
Common assets include properties, business benefits, intellectual property, inherited properties, patent rights and benefits, etc. |
| Spousal maintenance in China | No obligation on behalf of the spouse |
Table of Contents
Required documents
The divorce procedure requires a series of documents, among them, the marriage certificate, a valid passport or other identity document, the birth certificates of minors, as well as ownership certificates for those who own properties. All documents must be in original to be able to start the divorce procedure in China.
Divorce by agreement in China
The easiest way to end a marriage in China is to request a divorce by agreement. In this case, both the husband and the wife decide that, due to certain reasons, the marriage can no longer function. The legal procedures, in this case, are fast and involve low costs. The Marriage Registration Offices in China handle this type of divorce. More about Chinese Divorce Law can be discussed with our team.
Special regulations apply when the marriage is concluded in another country and the marriage certificate is issued by a foreign government. In this case, the only possible divorce procedure is to request a divorce by litigation. However, with the help of a Chinese attorney, this procedure should be straightforward. We can also help you divide any assets, like any properties in China that were purchased during the marriage.
Below is an infographic about how to get a divorce in China:
Divorce by litigation in China
When the spouses are both Chinese and cannot mutually agree to end the marriage, one of the parties can appeal to a people’s court in China which will decide upon the divorce. A divorce by litigation requires more steps and will last longer. In such cases, courts take less than three months to settle divorce cases of a simple nature while complicated foreign cases may take up to six months. If the judge’s decision is against divorce, the plaintiff can appeal the judgment six months after it was issued. However, foreign affairs take more time due to the service of the written order. The divorce by litigation may take months or even two years depending on the condition that the dispute cannot be easily settled. Below you can watch a video presentation with details about how to get divorced in China:
Divorce procedure for foreigners in China
The divorce cases in China in which foreign citizens are involved are dealt with by special courts of law under certain conditions. For instance, both spouses need to agree on dissolving the marriage, must have residency in China, and must respect the applicable legislation in matters of divorce in China.
If a foreign party requests a divorce by litigation, he/she has to entrust the divorce lawyers in China practicing in the People’s Republic of China. The reason is that foreign lawyers are currently not provided with the authority to represent divorce proceedings in Chinese courts unless the proceedings involve conflicts between the Chinese laws and the law of a foreign country, division of foreign assets, child custody, etc.
Foreign couples who want to divorce in China can do so easily and can be represented by one of our Chinese divorce lawyers. It is highly recommended that they reach a consensus regarding the assets to be shared, as well as the custody of minor children if they are involved in the marriage. This way you can save a lot of time, but especially rules apply to foreigners and divorce in China, at the representative courts.
Thus, divorce by settlement confirmation is applied, i.e. the optimal marriage for couples of foreign citizens who live in China and who have agreed on the separation. A written agreement is accepted in this sense, and the court is the one that issues the “mediation statement”, a type of judgment issued as a formal document. To be specified in this case is the fact that this document is internationally recognized, but you should also consider the legislation of the country of origin to register it.
The legal representation of attorneys in China and the foreign state is allowed to aid in the coordination of foreign or domestic legal issues. A foreigner who has filed a divorce-related lawsuit can entrust an authorized agent and his/her participation is not necessary for the court hearing but, in general, non-foreigners have to attend the court hearing even if they entrust an agent with special authorization.
It is good to know that divorce issued in China is recognized in any country in the world, but for more details in this sense, you can talk to our Chinese divorce lawyers who can explain the entire process and the transfer procedure in the case of foreign citizens.
How is Chinese Divorce Law applied in special cases of expats?
Unlike English courts, Chinese courts do not define a specific time limit after which you can file a divorce lawsuit. In China, you can even file a divorce case the very next day after your marriage, if you think your relationship has irretrievably broken down. There is a possibility that the Chinese court may accept the divorce application if it satisfies the jurisdiction of the court. Those expats who want to divorce within the courts of China, have to meet the following criteria:
- the marriage is registered in China;
- at least for the last year, neither of the spouses has been a habitual resident in China;
- either the wife or husband is Chinese;
- if both parties are non-Chinese and they got married outside China, they can file a divorce lawsuit in China only if they have been habitually living in China for the past year.
Who can file for divorce in China?
Foreign citizens living in China, expats who got married in China and two Chinese citizens living in the country or abroad can file for divorce in China, with respect to the legislation, and particularly with the Family Law. Divorce by agreement is normally the procedure accepted by both spouses who want to separate in a friendly manner, without spending much time with the Chinese courts. In this case, the divorce settlement confirmation is the procedure that applies to foreigners living in China and wanting to separate by agreement.
However, it is important to know that the courts in China are entirely responsible for each case of divorce, whether it involves Chinese citizens or foreigners with residency in mainland China. As for the procedure involved, the magistrates will validate the mutual agreement, if spouses agree on the assets and responsibilities. Because this divorce procedure is classified as a litigation case, a civil mediation statement is issued by the courts of law in China. Do not hesitate to talk to our advisors and find out complete information about the divorce process and Chinese Divorce Law.
When is a contentious divorce declared in China?
A contentious divorce is granted in China if the spouses lived separately for at least 2 years if the circumstances lead to the alienation of mutual affection, and if one of the spouses committed bigamy. There are also other reasons and circumstances that stand at the base of a contentious divorce in China, like the following:
- one of the spouses had a drug addiction or gambling problems;
- the acts of domestic violence and sexual acts without consent will grant a contentious divorce;
- if the spouse is declared missing, the partner can file for a divorce;
- incompatibility or cohabitating with a third party are other solid reasons that stand at the base of divorce in China.
A contentious divorce is normally handled through litigation due to its complexity, but if the case is required, this solution can be the proper one instead of a mutual agreement. Our divorce lawyers in China can offer the entire help and guidance for persons interested in separation and the legal requirements in this matter.
Do I need the original marriage certificate when getting a divorce?
Yes, the marriage certificate in original is the official document necessary at the time you want to file for a divorce in China. If you are a foreign couple that got married in other countries than China but wants to divorce, you should know that the marriage certificate issued by the relevant authorities in that other country is needed. In the case of Chinese citizens, the Civil Bureau of Affairs is the institution that records the marriages in China and that issues the certificates in this sense. Please get in touch with us if you want more details about foreigners and divorce in China.
Child custody after a divorce in China
Child custody in China might be complex, especially if both parents are fighting in a court of law in this direction. The magistrates will consider the needs of the children involved in a marriage, their wishes, and the financial status of the parents. Verification in this sense can be made by the authorities, in order to make the right decision in the case of children, after a divorce in China. The child support or the alimony enters the obligation of the parent who did not win the custody and sums up approximately 30% of the yearly revenue. According to the Family Law in China, the alimony is paid until the child reaches 18 years of age, or if the minor is 16 and has a job or joined the military service. It is highly recommended to solicit the support of an experienced Chinese divorce attorney if you have decided to divorce and if there are children involved after the marriage, especially for foreigners who have no idea about the applicable laws in China.
If one parent loses the fight of child custody with the court’s verdict, then he/she gets a right of child visitation. After divorce, if children are involved then only one parent can keep them physically. So the Chinese courts usually do not disturb the status quo of a child if has been living in a place for so long, unless the other party has better options of maintenance to offer not only financially, but also emotionally. Child visitation becomes difficult if the couple ends on very rotten terms and this visitation becomes more difficult if the other spouse is a foreigner.
How long does it take to get a divorce in China?
As is known, each divorce or separation case is special and extremely different. But a divorce in China can be concluded in a month, if there are no complications. The help of a specialist in the field, such as our divorce lawyer in China, is very important here. But, in general, the divorce procedure can take between one and 3 months to complete. This happens if both spouses agree on the terms, including custody of minor children, if applicable.
We recommend contacting our firm if you want to learn more about foreigners and divorce in China.
Is there a difference between divorce in China and separation?
Yes, couples living in China can opt for separation when they want to end their marriage. This type of separation can help the couple in reconciliation, without opting for the legal divorce procedure and does not have a deadline, as is customary in some countries. However, if the reconciliation and repair of the marriage can no longer take place, the divorce procedure is carried out in China. We remind you that legally obtained divorce is the way by which a marriage can be finalized in China.
What should you do after the divorce is pronounced in China?
Once the divorce is pronounced, the domicile of one of the spouses changes. Regardless of the one who chooses to leave the common home, he/she has the obligation to register the new address with the relevant local authorities, and this condition applies to foreign citizens residing in China.
Recent facts about the divorce rate in China
Here is some data on divorce rates in China:
- The divorce rate recorded in China in 2020 was approximately 3.10 per 1,000 people.
- Around 5.4 per 1,000 people was the divorce rate in China in 2021.
- The year 2022 recorded a divorce rate of approximately 2.04 per 1,000 inhabitants.
If you are thinking of relocating, you can opt for the services offered by our immigration lawyers in China. They can take care of all the formalities and procedures related to immigration to China. Also, we recommend those interested in residency in China ask for specialized help from our team to make sure they understand the formalities involved. We are also at the disposal of those interested in citizenship in China, a rather complex process on their own.
International entrepreneurs interested in trademark registration in China should solicit legal assistance from our team of experts.
Our law firm in China can offer you legal representation if you have entered a foreign-related marriage in China and want to start the court proceedings for divorce, so please feel free to contact us.