[Direct answer]It depends on the connecting point. According to Article 1080 of the Civil Code of the People's Republic of China, divorce cases shall be governed by the law of the place where the court accepting the case is located. The Civil Procedure Law of the People's Republic of China stipulates that identity-related lawsuits filed against defendants who do not have a residence within the territory of the People's Republic of China may be under the jurisdiction of the people's court of the plaintiff's residence or habitual residence; and lawsuits arising from real estate disputes shall be under the exclusive jurisdiction of the people's court of the location of the real estate. Therefore, in cross-border divorce cases, if one party has a residence or habitual residence in China, Chinese courts can usually accept the case; if the dispute involves domestic real estate, the domestic courts have an exclusive jurisdiction advantage over the real estate part. The choice of the place of litigation should also take into account the convenience of service, the difficulty of evidence collection, and the recognition and enforcement of the judgment.

I. Problem Background and Typical Scenarios

Parties to cross-border marriages often face a practical problem: where is it more advantageous to file a lawsuit when the two parties are located in different countries? Typical situations include: both parties are foreigners but have worked and lived in China for a long time and want to dissolve their marriage in China; one party is a Chinese citizen and the spouse has moved abroad and refuses to cooperate; during the marriage, the couple purchased property in China, which needs to be dealt with together during the divorce. The differences between different choices lie not only in the convenience of the procedure, but also in the application of law, the rules of property division, and the cost of enforcement. Therefore, the determination of the place of litigation often needs to be considered together with the distribution of property. You can first learn about it.Divorce litigation and family disputesThe overall processing path of it.

II. Key points of contention

The disputes focus on four aspects: First, the basis of jurisdiction, whether there are connection points such as residence and habitual residence, which often require supporting evidence such as residence permits, immigration records, and proof of residence; Second, the application of law. Different rules may apply to identity relationships and property relationships, and overseas real estate is generally subject to the laws of the place where the property is located; Third, procedural efficiency. The service and evidence-gathering periods for overseas parties are relatively long, and the announcement of service will significantly prolong the trial time; Fourth, the effectiveness of judgments. Whether Chinese court judgments can be recognized and enforced overseas needs to be determined according to the laws of the place where the property is located, and vice versa. The above four points interact with each other, and in practice, it is usually necessary to choose based on the distribution of property and the residence of the parties.

III. Professional analysis by Henglue Law Firm

Henglue Law Firm once represented a case involving an international divorce and property division. Ms. Zhang and Mr. Liu registered their marriage in 1991 and had a daughter who has now reached adulthood. Both are now foreign nationals and have been living in Beijing for a long time. However, the marriage broke down due to Mr. Liu's infidelity. The parties have reached an agreement on the dissolution of their marriage and the division of their property: Ms. Zhang's Beijing property, overseas real estate, savings, financial products, and insurance will be owned by her individually, while Mr. Liu's Shanghai property will be owned by him personally. Since both parties are foreign nationals, the domestic marriage registration authorities cannot handle the divorce registration. To realize the divorce request and confirm the legal validity of the property division agreement, Ms. Zhang entrusted our firm's lawyers to resolve the matter through litigation. Based on the Civil Procedure Law of the People's Republic of China and relevant judicial interpretations, the lawyers confirmed that although the parties are foreign nationals, they have a habitual residence in China, and Chinese courts have jurisdiction over this case. Subsequently, they assisted in preparing materials such as identity certificates, marriage certificates, and property ownership certificates, comprehensively sorted out the properties, savings, financial products, and pension memberships owned by both parties, and proposed a plan for each party to own their own property. During the court-organized mediation, the lawyers communicated with the defendant to explain that there were no substantive disputes between the parties, and helped them sign a mediation agreement in court. The court's mediation document will take effect immediately after the signatures and fingerprints are affixed. 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. This case shows that the habitual residence is an important link in the jurisdiction of foreign divorce cases, and it is also a direction of evidence that the parties can actively prepare for.

IV. Practical suggestions and legal basis

Action list: First, organize the evidence of both parties' nationality, residence, and habitual residence, such as residence permits, entry and exit records, and proof of residence and tax payment; Second, make an inventory of domestic and overseas assets, marking their locations and registration names; Third, evaluate the service and enforcement costs in different jurisdictions, and prioritize selecting the location where assets are concentrated or the habitual residence of one party; Fourth, translate, notarize, and certify documents obtained overseas before submitting them. For matters involving cross-border funds and foreign exchange arrangements, reference materials can be consulted\nFinancial capital and cross-border transactions involving foreign entities.For those interested in the disposal of domestic real estate, please refer to the relevant information.Real estate transactions and construction projectsLegal basis: Article 1080 of the Civil Code of the People's Republic of China (effective from January 1, 2021), and the provisions of the Civil Procedure Law of the People's Republic of China on jurisdiction of foreign-related civil litigation and exclusive jurisdiction over real estate. The specific application shall be subject to the currently effective laws and regulations and judicial rulings.

5. Henglue Law Firm's Advice

Firstly, foreign nationality does not preclude the jurisdiction of Chinese courts. The key point is whether there are connecting factors such as residence or habitual residence. Secondly, for matters involving domestic real estate, domestic courts have an exclusive jurisdiction advantage, which can effectively avoid judgments being unenforceable. Thirdly, foreign judgments will not automatically take effect in China. They usually need to be recognized and enforced by the intermediate people's courts with jurisdiction. Fourthly, the cycle of cross-border litigation is relatively long. It is necessary to complete the preparation of materials and the design of the plan before suing to avoid procedural repetition. For cases involving complex cross-border arrangements, it is advisable to seek legal assistance from a professional law firm.Special services and other cases1. Determine the overall strategy for the column. 2. Conduct a comprehensive analysis of the legal risks involved in the case. 3. Identify the key issues and formulate corresponding solutions. 4. Obtain a comprehensive assessment of the case. 5. Complete the preparation of evidence and strategies before filing a lawsuit to avoid prolonging the process due to repeated procedures.

VI. Frequently Asked Questions

Q1: Both parties are foreign nationals. Can they divorce in a domestic court?

Yes. If both parties or one of them have a residence or habitual residence in China, Chinese courts can generally serve as the accepting courts and dissolve the marriage relationship through litigation or mediation. The determination of habitual residence requires evidence to support it, generally based on the length of residence, work and living facts. It is recommended to submit materials such as residence permits and entry and exit records.

Q2: If one party is abroad, can the domestic court hear the case?

Generally, it is possible. For identity relationship lawsuits filed against defendants who do not have a residence in the People's Republic of China, the court of the plaintiff's residence or habitual residence may have jurisdiction. The service period for overseas parties is relatively long. If the service cannot be effectively carried out, the court may apply the method of service by public announcement, which will prolong the trial time. Therefore, it is necessary to evaluate this in advance.

Q3: Are foreign judgments effective in China?

It will not take effect automatically. Divorce judgments made in countries with which China does not have a judicial assistance agreement usually need to be recognized by the people's intermediate courts with jurisdiction before they can take legal effect in China. Without the recognition process, the previous marriage may still be considered valid under Chinese law, and there are risks involved in registering for marriage again.

Q4: Which country's laws apply to divorce?

According to Article 1080 of the Civil Code of the People's Republic of China, the law of the jurisdiction of the court where the case is accepted shall apply to divorce. Therefore, the choice of the country or region where the lawsuit is filed will directly affect the applicable substantive rules. For cases involving overseas real estate, it is usually necessary to consider the laws of the jurisdiction where the property is located. It is recommended to conduct a separate assessment for each specific property.

Q5: Can the property be executed abroad after being sued domestically?

It cannot be executed directly. Chinese court judgments need to be applied for recognition and enforcement in accordance with the laws of the place where the property is located, and the procedures and timeframes vary from country to country. A more prudent approach is to specify the obligations to fulfill and the responsibilities to cooperate with the transfer of ownership in the division plan, and if necessary, to assert rights in the place where the property is located, and to plan in advance for the disposal of overseas assets.

The above content is based on the compilation of judicial practices in the Beijing area. The facts of individual cases and the jurisdiction of the court may affect the conclusions. Welcome to consult Henglu Law Firm for specific cases.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit.Divorce litigation legal services·Beijing Henglu 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. If you encounter disputes, please consult a practicing lawyer in time.