[Direct answer]In the Beijing area, if the foreign spouse does not agree to the divorce, it does not affect the dissolution of the marriage through litigation in China. According to the provisions of the Civil Procedure Law of the People's Republic of China on territorial jurisdiction, identity relationship litigation initiated against a person who does not reside within the territory of the People's Republic of China shall be under the jurisdiction of the people's court of the plaintiff's domicile; where the plaintiff's domicile and habitual residence are not the same, it shall be under the jurisdiction of the people's court of the habitual residence. That is to say, as long as one party has a domicile or habitual residence in China, the case can usually be filed with the court of that place. If the other party does not agree or refuses to appear in court, the court may conduct a trial in absentia according to law. The identity, marriage, and entrusted materials of the foreign party generally require notarization and authentication. If the marital relationship between the couple has indeed broken down and mediation is ineffective, the court may grant the divorce according to Article 1079 of the Civil Code of the People's Republic of China. Foreign-related procedures take a long time, so it is recommended to entrust a professional lawyer as soon as possible to sort out the jurisdiction and materials.

1. Problem background and typical scenarios

Transnational marriages or cases where one party lives and works abroad for a long time often lead to situations where one party wants to divorce while the other party delays or refuses to agree. Typical scenarios include: the spouse being uncontactable abroad, making it impossible to negotiate or reach an agreement on divorce; the other party agreeing to the breakup but refusing to cooperate in returning to China to handle the divorce procedures; both parties being foreign nationals but having long lived and worked in Beijing, making it impossible for domestic civil affairs departments to handle the divorce registration; one party attempting to stall the other and compete for domestic and overseas property and savings on the grounds of refusing to agree to the divorce. Foreign divorce cases involve multiple aspects such as jurisdiction, service, notarization and authentication, and applicable law. Any oversight may result in the case being dismissed or dragged on for a long time, making professional planning even more crucial.

II. Key points of contention

Firstly, whether Chinese courts have jurisdiction over foreign divorce cases depends on whether the parties' habitual residence is in China or not. Secondly, how to notarize and authenticate the foreign parties' identity certificates, power of attorney, and marriage certificates. Thirdly, how to complete the service of process and conduct a default trial when the other party refuses to appear in court or is unaccounted for. Fourthly, how to identify and divide foreign assets such as real estate, deposits, and equity, and whether Chinese courts can handle foreign assets. Fifthly, whether foreign divorce judgments need to be recognized in China, and whether it is possible to remarry without such recognition. The outcomes of these issues directly determine whether the divorce can proceed smoothly.

III. Professional analysis by Henglue Lawyers

Henglue Law Firm once handled a foreign-related divorce case: Ms. Zhang and Mr. Liu registered their marriage in 1991. Both of them are now foreign nationals and have been living in Beijing for a long time. However, the marriage broke down due to the man's infidelity. The couple have reached an agreement on the dissolution of their marriage and the division of their property, but since both of them are foreign nationals, the domestic civil affairs department cannot handle the divorce registration. Based on the Civil Procedure Law of the People's Republic of China and relevant judicial interpretations, the lawyer confirmed that although the couple are foreign nationals, they have a habitual residence in China, so the Chinese court has jurisdiction over the case. The lawyer assisted in preparing materials such as identity certificates, marriage certificates, and property ownership certificates to ensure the successful registration of the case. The lawyer comprehensively sorted out the property, deposits, financial products, and pension memberships owned by both parties, and proposed a plan that the property owned by each party would belong to them individually. Through mediation conducted by the court, the couple voluntarily reached a mediation agreement, dissolved their marriage, and agreed that the property owned by each party would belong to them individually and that each party would bear their own debts. All the claims of the parties were successfully realized. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe attorney (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Action List: First, determine jurisdiction, usually based on the plaintiff's domicile or habitual residence; Second, prepare identity certificates, marriage relationship certificates, and property ownership certificates, and handle notarization, authentication, and translation; Third, if the other party is unreachable or refuses to appear in court, cooperate with the court to complete the announcement service or overseas service; Fourth, consider applying for property preservation to prevent the other party from disposing of domestic property; Fifth, if overseas property is involved, evaluate the enforceability and cross-border recognition issues in Chinese courts. Legal basis: The provisions on jurisdiction of identity relationship litigation in the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024), and Articles 1079 and 1080 of the Civil Code of the People's Republic of China (implemented on January 1, 2021). For cases involving foreign property and cross-border issues, reference can be made to relevant provisions.\nFinancial capital and cross-border transactions involving foreign entitiesServices. The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglue Law Firm's Reminder

Firstly, just because the other party disagrees doesn't mean the relationship has to end. The key is to lay a solid foundation in terms of jurisdiction and evidence. Secondly, the process of serving documents overseas takes a long time, and the use of public notices for service will significantly prolong the timeframe, so you need to be mentally prepared for this. Thirdly, documents issued overseas generally require notarization and authentication, otherwise they may not be accepted as evidence. Fourthly, when dealing with overseas property, it's important to consider local laws and enforcement possibilities, rather than just focusing on domestic judgments. Fifthly, for those who have a history of international marriages, it's essential to confirm that the previous marriage has been legally dissolved before remarrying, to avoid being charged with bigamy. For matters involving divorce and property division, you can seek assistance through legal channels.Divorce litigation and family disputesThe service provides a comprehensive solution, which involves the integration of overseas inheritance and propertyInheritance of property and division of family assetsFor reference, you can check the sections related to cross-border commercial activities and contractsBusiness and contract disputes in enterprisesFor other difficult cross-border matters, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: My spouse is abroad. Which court should I file for divorce with?

According to the relevant provisions of the Civil Procedure Law of the People's Republic of China, identity-related lawsuits initiated against persons who do not reside within the territory of the People's Republic of China shall be under the jurisdiction of the people's court of the plaintiff's domicile; where the plaintiff's domicile and habitual residence are not the same, the people's court of the habitual residence shall have jurisdiction. You can file a lawsuit with the court of your domicile or habitual residence.

Q2: If the other party refuses to appear in court, can the court grant a divorce?

Yes. After the court serves the document according to law, if the defendant refuses to appear in court without a valid reason, a judgment may be made in his/her absence. Whether to grant the divorce or not still depends on whether the marital relationship has indeed broken down. The plaintiff needs to submit evidence such as the foundation of the marriage, the marital relationship after marriage, and the facts of separation, and may supplement with witness statements if necessary.

Q3: What documents are required for a divorce involving foreign parties?

It usually includes proof of identity of both parties, proof of marital relationship, proof of children's situation, proof of property ownership, proof of habitual residence, etc. Documents issued abroad generally need to be notarized, authenticated, and accompanied by a Chinese translation. The specific list shall be subject to the requirements of the court accepting the case.

Q4: Are foreign divorce judgments valid in China?

No, of course it's not effective. For divorce judgments issued by foreign courts that do not have judicial assistance agreements with China, they must be recognized by the intermediate people's courts with jurisdiction in China before they can take effect in China. Before the recognition is completed, the previous marriage is still valid under Chinese law.

Q5: Can Chinese courts divide overseas real estate assets in a divorce case?

Chinese courts can handle divorce and domestic property matters, but properties located abroad are subject to local laws and jurisdictional restrictions of the place where the real estate is located, making it often difficult to directly enforce the sale of such properties. It is recommended to seek advice from local lawyers and pursue claims in the local courts or resolve the matter through an agreement.

The above questions and answers are mainly based on the judicial practice in the Beijing area. There may be differences in the adjudication opinions 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 the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Attorney Xiong Binrong·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.