Getting Divorced in China: A Practical Guide for Foreigners

Divorce is never easy—especially if you’re a foreigner trying to navigate a legal system that’s un familiar. Whether you’re married to a Chinese citizen or to another foreign national, this article answers the most common questions we receive from foreigners about getting divorced in China. We focus on the legal process, including mutual agreement divorce, court divorce, how property is divided, and what courts look for when deciding whether to grant a divorce.

1. Can I Get Divorced in China as a Foreigner?

Yes, but with conditions. Chinese courts may accept your divorce case if:

• One party is a Chinese citizen, or

• Both parties are foreigners but have a habitual residence in China (usually meaning you’ve lived in China continuously for at least one year).

Also, if your marriage was registered in China, you may be eligible to apply for a mutual agreement divorce at the local Civil Affairs Bureau.

2. Divorce by Agreement: The Simpler Option

If both spouses agree to divorce and have reached full agreement on:

• Division of marital property,

• Custody and support of any children, and

• No disputes remaining,

then you can go through administrative divorce at the Civil Affairs Bureau.

Key Points of the Agreement Divorce Process:

• Who can use it: Only couples who registered their marriage in China.

• Where to apply: At the Civil Affairs Bureau located where one spouse has household registration (hukou).

• What you need:

• Both spouses must be physically present.

• Your marriage certificate, ID documents, and a written divorce agreement.

• Waiting period: There is a 30-day cooling-off period after you submit your application. After that, both spouses must return together to collect the divorce certificate. If either spouse doesn’t show up, the application is automatically cancelled.

This is the quickest and least expensive way to get divorced in China.

3. Divorce by Litigation: When Agreement Isn’t Possible

If one party refuses to divorce or there’s a dispute over property or custody, you must file a lawsuit in a Chinese court.

How Courts Decide Whether to Grant Divorce:

Chinese law says a court may grant divorce if there is evidence of irretrievable breakdown of the marriage. Courts typically look for the following:

• Long-term separation (often at least 2 years),

• Domestic violence or abuse,

• Abandonment or lack of contact,

• Bigamy or cohabitation with others, or

• Other serious reasons that make continued cohabitation impossible.

Important:

Courts are cautious and will often deny divorce in the first lawsuit unless the evidence is very clear. If your first divorce request is denied, you can file again later—courts are more likely to approve it the second time.

4. How is Property Divided?

Chinese law generally follows the principle of equal division of community property, unless special circumstances apply.

What Counts as Marital Property:

• Income and property acquired during the marriage, regardless of whose name is on it.

• Real estate, cars, bank savings, stocks, and even virtual assets like cryptocurrency.

• Some employment benefits (e.g. housing subsidies).

What Is Not Divided:

• Property owned before marriage,

• Inheritances or gifts given to one spouse individually,

• Personal injury compensation,

• Items of personal use (e.g. clothing).

You can reach your own property division agreement. If not, the court will decide based on fairness—taking into account each party’s financial situation, contributions, and needs.

5. What About Custody?

Chinese courts usually award primary custody to one parent, especially for young children. While the mother often gets custody of very young children, courts also consider:

• The child’s daily living arrangements,

• Who has been the primary caregiver,

• The child’s preferences (especially for older children).

The non-custodial parent is usually given visitation rights unless it’s not in the child’s best interest.

6. Can I Get Divorced in My Home Country Instead?

It depends. If both of you are foreigners and married outside China, you might be able to divorce through your home country’s legal system. However:

• If you want to divide property located in China,

• Or if your marriage was registered in China,

then it’s safer to divorce in China or to apply for recognition of your foreign divorce judgment in a Chinese court.

Final Words

Getting divorced in China can be straightforward if both sides agree—but court divorce can be lengthy and complex if there are disputes. In any case, it’s wise to consult a lawyer experienced in cross-border divorce matters to ensure your rights are protected.

If you’re currently considering divorce in China and unsure about how to proceed, feel free to reach out. We offer practical legal support and can represent you even if you’re outside the country.

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Siyuan Xu

License No.: 13201202311672894

About the Author:

With a rich background in international trade, Siyuan brings a unique perspective to the legal field. Her extensive experience in trade has equipped her with the ability to provide practical and down-to-earth advice to her clients. Since transitioning to law, she has successfully assisted numerous clients, earning a reputation for her exceptional courtroom skills. Her dedication and expertise make her a trusted advisor and a formidable advocate in court. Her commitment to her clients and her ability to navigate complex legal landscapes ensure that she delivers the best possible outcomes.

Contact: zlxlawyer@bjcelue.com or WhatsApp +86 18362959702