During the pandemic, 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 was possible to file for divorce without returning to mainland China.

However, these days, while in theory it is still possible, in practice, you should assume you will have to come back to China to do it.

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 may 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.