[Direct answer]The jurisdiction of foreign-related divorces is centered on the "domicile" and "habitual residence". According to the provisions of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) on foreign-related civil litigation procedures, divorce lawsuits initiated against defendants who do not have a domicile in the People's Republic of China may be under the jurisdiction of the people's court of the plaintiff's domicile; if the defendant's domicile and habitual residence are not the same, the people's court of the defendant's habitual residence shall have jurisdiction. In practice, if one or both parties are foreign nationals but have lived in Beijing for a long time and formed a habitual residence, Chinese courts usually have jurisdiction. It should be noted that if both parties are foreign nationals, domestic marriage registration authorities generally do not handle divorce registration, and the marriage relationship must be dissolved through court litigation or mediation.

1. Problem background and typical scenarios

There are various scenarios of cross-border divorces: one party is a foreign national and the other is a Chinese citizen; both parties are foreign nationals but have been working and living in China for a long time; one party has left the country and not returned for a long time; the parties got married abroad and now want to divorce in China. As an international city, Beijing has a high concentration of such cases. Common difficulties include: how to prove the habitual residence; how to translate and authenticate identity and marriage documents obtained abroad; whether overseas assets can be dealt with together; and how to serve documents when the defendant refuses to appear in court or receive materials. These issues need to be systematically evaluated before filing the case, otherwise it is easy to encounter repeated obstacles in the procedural process.

II. Key points of dispute

First, how to determine the habitual residence and what materials are required for proof of residence. Second, whether the court of the plaintiff's domicile has jurisdiction as of right when the defendant has no residence abroad. Third, how to confirm the legal effect of foreign marriage certificates and divorce judgments in China. Fourth, whether the parties can divorce in China when they are both foreign nationals. Fifth, whether foreign assets can be divided in Chinese courts and whether the judgments can be recognized abroad. These disputed points determine whether the case can be successfully filed, tried, and enforced.

III. Professional analysis by Henglue Law Firm

The key to handling foreign-related divorce cases lies in the two-step process of "jurisdiction and document preparation". Firstly, jurisdiction is determined based on the defendant's domicile and habitual residence. If the defendant has a habitual residence in China, the case will be handled by the court in that location; if the defendant does not have a domicile in China, the case may be handled by the court in the plaintiff's domicile. In cases involving real estate, exclusive jurisdiction rules may also apply. Secondly, document preparation is a prerequisite for case filing, typically including identity proofs, marriage certificates, property ownership certificates, and habitual residence certificates. Documents obtained abroad must be translated and certified. Thirdly, foreign-related service procedures are more special. If the defendant refuses to appear in court, public notice service may be used, but the process is lengthy and sufficient preparation time should be allowed. Henglue Law Firm once handled a foreign-related divorce case: Ms. Zhang and Mr. Liu registered their marriage in 1991. Both parties were foreign nationals and had long lived in Beijing. The marriage broke down due to the husband's infidelity. The parties had reached an agreement on divorce and property division, but due to their foreign nationalities, the domestic marriage registration authorities were unable to handle the divorce registration. Henglue Law Firm confirmed the jurisdiction of Chinese courts in accordance with the Civil Procedure Law and relevant judicial interpretations, assisted in preparing identity proofs, marriage certificates, and property ownership certificates, sorted out the property owned by both parties, including real estate, bank deposits, and financial products, and proposed a plan for each party to own their own property. Ultimately, under the supervision of the court, the parties signed a mediation agreement, dissolved their marriage, and confirmed the ownership of their property. This case was handled by Beijing Henglue Law Firm. 涉外离婚的关键在于“管辖与材料”两步走。其一，管辖判断以住所地与经常居住地为轴。被告在境内有经常居住地的，由该地法院管辖；被告在境内无住所的，可由原告住所地法院管辖；涉及不动产的，还可能适用专属管辖规则。其二，材料准备是立案的前提，通常包括身份证明、婚姻关系证明、财产权属证明、经常居住地证明等，境外形成的文件须经翻译并办理认证手续。其三，涉外送达程序较为特殊，被告拒不到庭时可采用公告送达，但周期较长，应预留时间。 恒略律师曾代理一起涉外离婚案件：张女士与刘先生1991年登记结婚，双方均为外国籍、长期在北京居住，因男方出轨致婚姻破裂，双方已就离婚及财产分割达成一致，但因均为外籍，国内婚姻登记机关无法办理离婚登记。恒略律师依据民事诉讼法及相关司法解释确认中国法院具有管辖权，协助准备身份证明、婚姻关系证明与财产权属证明等材料，梳理双方名下房产、存款、理财产品等财产并提出各自名下财产归各自所有的方案，最终在法院主持下促成双方签署调解协议，解除婚姻关系并确认财产归属。本案由北京恒略律师事务所代理。Xiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

IV. Practical Suggestions and Legal Basis

Action suggestions: First, determine your habitual residence and prepare proof materials such as proof of residence, work, tax payment, or rental; Second, have overseas documents translated and certified in advance to avoid being returned due to non-compliance with formal requirements; Third, sort out the list of assets at home and abroad, and clarify which ones can be handled together by Chinese courts; Fourth, if the defendant is abroad, evaluate the methods and periods of service, and apply for public service if necessary. For related services, please refer to the following link:Divorce litigation and family disputesAndFinancial capital and cross-border transactions involving foreign entitiesColumn. Legal basis: The provisions on jurisdiction and service of foreign-related civil litigation in the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), and Articles 1076 to 1081 and Article 1087 of the Civil Code of the People's Republic of China (all implemented on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, the divorce procedure involving foreign elements is complex, and the jurisdiction and material judgment before filing a case are more important than in ordinary cases. Secondly, if one party stays abroad for a long time and does not return to China, it does not affect the filing of a divorce lawsuit in China, but the service period may be longer. Thirdly, after the divorce mediation agreement or judgment of the People's Court takes effect, it has enforceable force and can effectively fix the agreement on property division. Fourthly, if the case involves overseas assets, the possibility of recognition and enforcement should be evaluated, and if necessary, it should be handled separately abroad. If you need to learn about foreign-related family matters and cross-border asset solutions, you can contact us throughDivorce litigation and family disputesAndFinancial capital and cross-border transactions involving foreign entitiesFor column consultation, please contact us.Beijing Henglu Law Firm.

VI. Frequently Asked Questions

Q1: Both parties are foreigners. Can they get a divorce in China?

Yes. If both parties have their habitual residence in China, Chinese courts have jurisdiction and can dissolve the marriage relationship through litigation or mediation without the need to return to their country of nationality. It is recommended to prepare identity certificates, marriage certificates, and certificates of habitual residence in advance, and to negotiate a property division plan in advance so that it can be confirmed in one go during the mediation.

Q2: Can foreign couples divorce at the Civil Affairs Bureau?

Generally, this is not possible. If either or both parties are foreign nationals, domestic marriage registration authorities usually do not accept divorce registration applications, and the marriage must be dissolved through court litigation or mediation procedures. If you want to resolve the matter as quickly as possible, you can consider having a lawyer assist you in preparing the necessary materials and obtaining a mediation agreement through court mediation, which will finalize the divorce and property arrangements in one go.

Q3: What should we do if the defendant doesn't appear in court abroad?

The court may serve the defendant by public notice or conduct a trial in absentia in accordance with the law. If the defendant has no residence in China and cannot be directly served, the court may serve the defendant by public notice. The notice shall be deemed to have been served upon expiration of the time limit, and the defendant may be sentenced in absentia if he/she fails to appear in court without a valid reason. However, the public notice period is relatively long, so it is recommended to plan the schedule in advance and, if necessary, entrust a lawyer to follow up on the progress of the service.

Q4: Can foreign real estate be divided by Chinese courts?

Generally, only domestic assets are handled, while overseas real estate usually needs to be dealt with locally. Chinese courts have limited authority to dispose of overseas real estate, and judgments may also need to be applied for recognition and enforcement in the country where the property is located. It is recommended to clarify the handling arrangements for overseas assets in domestic procedures, such as agreeing on ownership and handling them separately overseas, to avoid disconnects between the two.

Q5: What documents are required for a divorce involving foreign parties?

These typically include a passport or other proof of identity, a marriage certificate or proof of marital status, proof of property ownership, proof of habitual residence, and birth certificates for children. Documents issued abroad must be translated into Chinese and undergo authentication or be accompanied by additional certificates as required by law. The specific requirements vary depending on the court, so it is recommended to check each item with your lawyer before filing the case.

The above content is based on the judicial practice 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 about specific situations.

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

Disclaimer: This article is compiled based on the current laws and regulations and publicly available 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 the event of a dispute, please consult a practicing lawyer in a timely manner.