[Direct answer]In the Beijing area, the process can still proceed, but it is more complex. If the other party is abroad, the court needs to complete the service of documents in accordance with the law. The documents can be served through diplomatic channels, mailing, entrusting embassies or consulates, or making announcements in accordance with the law. If the documents cannot be served and the conditions are met, the court can make an announcement of service. After the expiration of the time limit, the court will hold a trial in absentia and make a judgment. The Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented since January 1, 2024) specifically stipulates the service and trial of foreign-related civil litigation. It should be noted that the parties to divorce cases should, in principle, appear in court in person. If the party abroad truly has difficulties in appearing in court, they should submit a certified written opinion. If it involves foreign property and identity documents, notarization and authentication or additional certificates must be obtained in advance. It is recommended to first confirm the other party's habitual residence and contact information in China before filing a lawsuit, in order to improve the efficiency of service and shorten the trial period.

1. Problem background and typical scenarios

In cross-border marriages, where one party has returned to live in China while the other party resides abroad for a long time or has lost contact, difficulties often arise in serving legal documents and ensuring their attendance in court during divorce proceedings. Typical scenarios include: the other party working, studying, or living abroad, refusing to receive mail or attend court; one party holding a foreign marriage certificate that requires first-time authentication; both parties being foreign nationals but having a regular residence in China; and the other party filing a lawsuit abroad and conducting parallel legal proceedings in both jurisdictions. When handling foreign-related divorce cases in the Beijing area, ensuring the compliance of legal documents and identity documents is often a critical step in the litigation process.

II. Key points of contention

Firstly, the methods and order of service abroad, and the circumstances under which service by public announcement can be conducted. Secondly, the time limit and applicable conditions for service by public announcement. Thirdly, whether a foreign party can be tried in absentia when they fail to appear in court, and the legal effect of such judgments. Fourthly, the certification requirements for identity documents and proof of marital relationship. Fifthly, whether Chinese courts have jurisdiction, and whether the jurisdiction is determined based on the defendant's domicile, habitual residence, or nationality. Sixthly, how to handle issues related to property and children both domestically and abroad.

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 parties are now foreign nationals and have lived in Beijing for a long time. The marriage broke down due to the man's infidelity. Since both parties are foreign nationals, the domestic civil affairs department cannot handle the divorce registration, so they entrusted our lawyers to resolve the case through litigation. Based on the jurisdiction rules, the lawyers confirmed that although both parties are foreign nationals, they have a habitual residence in China, and Chinese courts have jurisdiction over this case. They assisted in preparing materials such as identity certificates, marriage relationship certificates, and property ownership certificates, and helped the parties reach a mediation agreement under the court's supervision, dissolving the marriage relationship and ensuring that the property under each party's name belongs to them. This case shows that jurisdiction and service of process are the primary issues in foreign-related divorce cases, and the compliance preparation of identity and property documents directly determines whether the proceedings can proceed smoothly. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (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 list: First, provide the other party's address, work unit, and contact information abroad to assist in service; Second, prepare documents on identity and marital relationship that have been certified or accompanied by certificates, along with their Chinese translations; Third, verify the parties' habitual residence to confirm the jurisdictional basis; Fourth, if the other party has been uncontactable for a long time, collect evidence of their residence and interrupted contact to apply for service by public announcement; Fifth, if the party abroad is unable to appear in court, handle the certification procedures for written opinions in advance; Sixth, list clues to the parties' domestic assets to facilitate their investigation, control, and division. For cases involving overseas divorce and property disputes, reference can be made to the relevant provisions.Divorce litigation and family disputesFor cross-border transactions and asset disposals, you can refer to the following for reference.\nFinancial capital and cross-border transactions involving foreign entities.Legal basis: The provisions on service, jurisdiction, and trial 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 1079 and 1080 of the Civil Code of the People's Republic of China (both implemented on January 1, 2021). The specific application shall be subject to the currently effective laws, regulations, and judicial rulings.

5. Henglu Law Firm's Advice

Firstly, the first threshold for foreign-related divorce is service of process. Providing accurate information in advance can save a lot of effort. Secondly, overseas documents need to be authenticated and translated. Failure to do so often results in the need to supplement the materials. Thirdly, there are statutory conditions for the service of public notice, which requires exhausting all legal means of service. Fourthly, the absence of the foreign party from the courtroom does not affect the trial, but the recognition and enforcement of the judgment in foreign countries need to be evaluated separately. If you are currently facing similar problems, you can seek assistance throughDivorce litigation and family disputesWe provide a comprehensive solution for services, which includes the integration of cross-border assets.Financial capital and cross-border transactions involving foreign entitiesFor plates related to overseas inheritance and property, you can refer to the following information for reference.Inheritance of assets and division of family propertyColumn.

VI. Frequently Asked Questions

Q1: If the other party is abroad, how can the subpoena be served to them?

The court may, in accordance with the provisions of the Foreign-Related Procedures of the Civil Procedure Law of the People's Republic of China, serve the documents through diplomatic channels, by mail, or by entrusting Chinese diplomatic missions abroad to deliver them on behalf of the court. If the above-mentioned methods cannot be used to serve the documents, they may be served by public announcement if the conditions are met. It is recommended that the plaintiff provide the defendant's overseas address, unit, and contact information to shorten the service time.

Q2: Can a divorce judgment be issued if the other party in a cross-border divorce fails to appear in court?

Under the premise of completing legal service, the trial and judgment can be conducted in absentia. The court will review whether the marital relationship has indeed broken down and whether the issues concerning property and children have been clarified. The plaintiff should submit sufficient evidence to support their claims to avoid affecting the trial due to unclear facts. The party abroad may also appoint an agent to participate in the litigation.

Q3: Is the foreign party required to return to China to appear in court?

In principle, the parties should attend the hearing in person. If it is impossible to attend the hearing in person, they shall submit a certified written opinion and obtain the court's approval. The party abroad may entrust a lawyer in China to represent them in the litigation, or may submit notarized and certified authorization and opinion materials for specific procedural matters, subject to the specific requirements of the court.

Q4: How long does it take to finalize a divorce involving foreign parties?

The duration of the process depends on the efficiency of delivery and the level of preparation of the legal documents, and it is usually longer than domestic divorce proceedings. If you can provide an accurate overseas address and complete legal document authentication, the process can be significantly accelerated; if you need to use public announcement service for delivery or repeatedly correct materials, the timeframe will be correspondingly extended. It is recommended to prepare the materials in advance and maintain communication with the court.

Q5: Are domestic judgments valid abroad?

It depends on the laws of the destination country and whether there are mutual recognition arrangements between the two countries. Generally, it is necessary to apply to the destination country for recognition and enforcement. If the main assets are located abroad, it is recommended to simultaneously evaluate the local procedures and ensure a smooth connection between the two places. If necessary, hire local professionals to assist, to avoid the judgment not being able to be implemented.

The above content is based on the 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 currently facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the relevant evidence materials, to avoid missing the statutory time limits.Divorce litigation legal services·Attorney Xiong Binrong·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. In case of disputes, please consult a practicing lawyer in time.