[Direct answer]Yes, it depends on the connecting points. Foreign-related divorce cases involve disputes over personal relationships. According to the provisions of the "Procedures for Foreign-Related Civil Litigation" in the Civil Procedure Law of the People's Republic of China, such cases are usually under the jurisdiction of the people's courts in the defendant's domicile or habitual residence; if the defendant does not reside in China, the people's courts in the plaintiff's domicile or habitual residence may exercise jurisdiction; if the case involves the division of real estate in China, the courts in the property's location also have jurisdiction. If both parties are foreign nationals but have lived and resided in Beijing for a long time, Chinese courts usually have jurisdiction and can dissolve the marriage relationship through litigation or mediation. After jurisdiction is determined, it is still necessary to address issues such as the notarization and authentication of overseas identity and marriage and property-related materials, as well as their service. Jurisdiction is the threshold, and materials are the channel; both are indispensable.

1. Problem background and typical scenarios

When a couple, one of whom is abroad and the other having different nationalities, or a family where both spouses are foreigners but have been working and living in China for a long time, want to dissolve their marriage in China, the first obstacle they often encounter is jurisdiction: which court to file the case with, what to do if the other party refuses to return to China, and whether the marriage certificate issued abroad is recognized. When handling similar cases in the Beijing area, the court will first review whether there are connecting points such as the place of residence, habitual residence, or the location of the property, and then decide whether to accept the case. If the jurisdiction is unclear and a lawsuit is initiated rashly, it may result in the case being ruled inadmissible at best, or delaying the process for several months at worst.

II. Key points of contention

Firstly, the choice of connecting points, such as the defendant's residence, habitual residence, the plaintiff's residence, and the location of the real estate, may all serve as bases for jurisdiction. Secondly, the proof of habitual residence requires facts of continuous residence for a certain period of time, which need to be supported by residence permits, rental contracts, social insurance records, and immigration records. Thirdly, the issue of parallel proceedings in two countries. If there is already a lawsuit abroad, it may affect the filing and handling of the case in China. Fourthly, service and materials. The service period for defendants abroad is long, and overseas documents usually need to be notarized and authenticated.

III. Professional analysis by Henglue Law Firm

In a foreign-related divorce dispute handled by Henglue Law Firm, Ms. Zhang and Mr. Liu registered their marriage in 1991. Later, both of them obtained foreign nationality and lived in Beijing for a long time. However, their marriage broke down due to Mr. Liu's infidelity. Since both parties were foreign nationals, the civil affairs department could not handle the divorce registration and the divorce had to be dissolved through the court. Firstly, the lawyer confirmed the prerequisite that both parties had a habitual residence in China and that Chinese courts had jurisdiction over the case. Then, he assisted in preparing materials such as identity certificates, marriage certificates, and property ownership certificates to ensure a smooth case filing. Subsequently, he sorted out the Beijing properties, overseas properties, deposits, financial products, insurance, and pension memberships under the names of both parties, proposed a plan for each party to own their own property, and facilitated mediation under the court's supervision. The parties voluntarily reached an agreement to dissolve their marriage and allocate their respective properties to themselves. This case clearly demonstrates the processing sequence of foreign-related divorces: first determine jurisdiction, then prepare materials, and finally discuss the merits. Once jurisdiction is clear, both procedural and property issues can be resolved within the same framework, avoiding the parties' having to travel back and forth between two countries and incurring double costs. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

The first step is to sort out the connection points and clarify the defendant's and plaintiff's domiciles, habitual residences, and the distribution of their main assets, in order to select the most favorable jurisdictional court. The second step is to fix the evidence of habitual residence, which includes residence permits, rental contracts, social insurance payment records, and entry-exit records, all of which should corroborate each other. The third step is to prepare all identity, marriage, and property-related materials, and have overseas documents notarized, authenticated, and translated into Chinese in accordance with regulations. The fourth step is to prioritize mediation where possible, incorporating the dissolution of the marriage and the disposition of property into enforceable clauses to reduce the difficulty of cross-border enforcement. Main legal basis: - Provisions on jurisdiction and service in the Foreign-Related Civil Procedure Chapter of the Civil Procedure Law of the People's Republic of China; - Relevant articles of the Law of the People's Republic of China on the Application of Law to Foreign-Related Civil Relations; - Articles 1062 and 1087 of the Civil Code of the People's Republic of China; - Specific applications shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Reminder

The first question in a foreign-related divorce case is jurisdiction. If this question is answered correctly, there's a chance of success in the subsequent proceedings. If both parties have a habitual residence in China, it's best to resolve the marital and property issues in China once and for all, rather than being overwhelmed by the costs of parallel legal proceedings in two countries. If the other party is located abroad, it's necessary to evaluate the feasibility of service and enforcement in advance. If mediation is possible, it's better to avoid making a final judgment. The courts in the Beijing area have higher standards for the materials required in foreign-related cases, so the earlier you prepare, the more time you'll save. Issues related to foreign-related divorce and jurisdiction determination can be resolved throughDivorce litigation and family disputesThe service provides a comprehensive solution, which can integrate extraterritorial materials and cross-border mattersFinancial capital and cross-border transactions involving foreign entitiesFor reference, you can check the relevant information about real estate and registration within ChinaReal estate transactions and construction projectsThe column covers difficult procedures and preservation measures, and readers can consult it for adviceSpecial servicesTeams involved in the execution of judgments can be informed about this matterCreditor's rights and debts, and enforcementService.

VI. Frequently Asked Questions

Q1: Both parties are foreigners. Can Chinese courts handle this case?

Yes. If both parties have their habitual residence in China, or if they have major assets in China, Chinese courts have jurisdiction and can dissolve the marriage relationship through litigation or mediation.

Q2: If the other party is abroad, where should I file a lawsuit?

If the defendant does not reside within the territory of China, the case may be under the jurisdiction of the court located at the plaintiff's domicile or habitual residence; alternatively, the plaintiff may choose a more favorable court based on the location of the defendant's property within China.

Q3: Are marriage certificates issued abroad recognized in China?

Generally, it is necessary to handle notarization and authentication and attach a Chinese translation as case filing materials. The specific form shall be subject to the requirements of the accepting court. For divorce judgments made abroad, an additional recognition procedure is required.

Q4: How long will it take to deliver the goods?

The time required varies depending on the method of service outside the jurisdiction, and it may take several months. The announcement period for service by announcement is 60 days, and the overall cycle is significantly longer than that of domestic cases.

Q5: If a verdict is handed down domestically, can it be enforced abroad?

It depends on whether the two countries have judicial assistance arrangements. Usually, the arrangement needs to be recognized by the other country before it can be implemented. If the parties can mediate and agree on the division of domestic assets, the enforcement cost will be lower.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the adjudication standards in different regions. It is recommended to consult a professional lawyer based on the specific circumstances of the case.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with evidence materials, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and open adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In case of disputes, please consult a practicing lawyer in time.