Especially due to pandemic restrictions, some people were unable to return to China for divorce proceedings and cannot communicate with their spouses in China for various reasons. In such cases, with the support of a law firm, it is possible to file for divorce without returning to mainland China.

If you are a foreigner married to a Chinese citizen:

It is possible to file a lawsuit for divorce from your spouse living in China. A foreigner who is married to a Chinese citizen can file a divorce lawsuit in China, even if his spouse does not live in China at the time or cannot communicate with his spouse.

Chinese Citizens Married in China but Not Living in China:

Chinese citizens married in mainland China can get divorced in China even if they are currently living abroad. In short, two or even one spouse does not need to be in China to file for divorce in China.

In many countries, a "legal separation" period of 1-5 years is required to file for divorce. There is no such requirement in China. In other words, it is impossible to reject the divorce case because they had just separated and lived together until recently. In this case, the party no longer residing in China can file for divorce immediately, as they do not have to wait for a certain period.

You can file for divorce even if you are outside of China and no longer live in China. Still, to do so, you must have resided in China for at least one year if your spouse is not a Chinese citizen. If your spouse is a Chinese citizen, there is no minimum residency requirement to file for divorce in China.

What documents are needed for Divorce Procedures?

To file for a divorce, non-Chinese citizens can initiate the process by submitting the following documents. Even if one of the couples who want to divorce is not in China, a divorce case can be filed. In this case, while the marriage certificate and passport documents are mandatory, one or more of the other documents will not be required as they are not already available or cannot be obtained.

• Marriage certificate;
• Passport;
• Work Permit or Foreign Expert Certificate;
• Police Registration Forms;
• Birth Certificate(s) (for minors only);
• Certificates of Ownership (if you own real estate).

A marriage certificate is usually a certificate from a state or state government. Suppose the party no longer living in China has lost or no longer has access to the marriage certificate. In that case, they can order a new copy of the certificate from the relevant government agency. Another option is that the lawyer authorized for divorce proceedings can provide this document.

How Do Foreigners Living Outside of China File for Divorce in China?

1. At least one of the parties must be a Chinese citizen.

2. The marriage must be registered with the Bureau of Civil Affairs in Mainland China.

3. Both parties must have agreed to the divorce, or the spouse in China has not responded or been unreachable to the divorce notice.

4. The parties have custody, joint property, debts, etc., and must agree on the issues, or there must be no conflict between them.

How Long Does it Take to File a Divorce in China by a Person Living Abroad?

Under the PRC Procedural Code, a domestic case decided using a summary procedure may take 3 to 6 months. The divorce period may be longer in international cases, such as the supply of documents abroad and the collection of evidence abroad. However, the divorce case filed by the spouse abroad ends in a single session if the spouse in China consents. The litigation process may take longer if the spouse in China cannot be reached. For cross-border family cases, the decision can be appealed within 30 days.

Can a foreigner who got married in China and later returned to his country apply to the court for divorce in his home country?

A foreigner who has been married while living in China can file for divorce through the local court in their home country. It is only possible for a marriage made in China to be terminated by a divorce decree issued by a foreign court, only if the Chinese court recognizes this decision. If the Chinese spouse has no objection, the Chinese court can recognize the foreign court's decision and thus make the divorce valid in China.

There are three ways foreigners can get a divorce in China:

• Uncontested divorce registration.
• Filing for divorce
• Acceptance of the divorce decision taken in a foreign country by the Chinese courts.

Please contact us (inquiries@chinalawsolutions.com) to get in touch with an experienced lawyer who can assist with preparing for a divorce, negotiating a divorce agreement with your spouse, or filing for the divorce in court in China. All inquiries are treated as confidential.