[Direct answer]Generally, the fees will be higher, but this is not inevitable. The key factor is whether the case involves foreign-related procedures. Foreign-related marriage cases involve overseas service, translation of foreign-language materials, notarization and authentication or additional certificates, as well as possible recognition procedures for foreign court judgments. Therefore, the time and procedural costs invested by lawyers in these cases are higher than those in ordinary divorce cases, and the fees are usually higher. According to the special provisions of the Civil Procedure Law of the People's Republic of China (effective from January 1, 2024), the foreign-related civil litigation procedures allow for appropriate extensions of the service and evidence-gathering periods, resulting in a corresponding lengthening of the case cycle. However, if both parties are foreign nationals who have lived in Beijing for a long time and have reached an agreement on divorce and property division, the case can be quickly settled through court mediation, and the actual fees may not be significantly higher than those in ordinary divorce cases. The fees mainly depend on the complexity of the case, the scale of the disputed property, and the procedural steps, rather than simply the foreign-related status. It is recommended to request the law firm to provide a clear fee proposal and project list before entrusting them with the case.

I. Legal basis and interpretation of provisions

1. Special Provisions of the Civil Procedure Law of the People's Republic of China on Foreign-related Civil Procedure (effective from January 1, 2024)

The fourth chapter of the law makes special provisions on foreign-related civil litigation procedures, stipulating that foreign-related civil litigation within China shall be governed by Chinese law. Foreigners, stateless persons, foreign enterprises and organizations shall enjoy the same litigation rights and obligations as Chinese citizens when suing or defending in people's courts. In terms of service and time limits, foreign-related cases can adopt various methods of service, and the service period and the period for providing evidence in such cases are also longer than those in ordinary cases.

2. Article 1080 of the Civil Code of the People's Republic of China (effective from January 1, 2021)

The provision stipulates that upon the completion of the divorce registration, or when the divorce judgment or mediation agreement takes effect, the marriage relationship shall be dissolved.

3. The "Measures for the Administration of Lawyer's Service Fees" (implemented on December 1, 2006)

According to the "Measures for the Management of Lawyer Service Fees" issued by the National Development and Reform Commission and the Ministry of Justice, the fees for lawyer services are set by combining government-guided prices and market-regulated prices. Civil property-related cases are usually subject to government-guided prices or industry-guided standards, and the fees can be charged by the hour, based on a percentage of the case value, or in other forms. The specific fees shall be determined through consultation between the law firm and the client and formalized in a written agency contract.

4. The pattern of practical fees and the pricing standard

From the perspective of practice in the Beijing area, the fees for foreign-related divorce cases are usually higher than those for ordinary divorce cases, mainly due to three incremental costs: first, the incremental costs of the process, including overseas service, translation, notarization and authentication, and additional certificates; second, the incremental costs of workload, including reviewing and translating foreign-language materials, cross-border property verification, and foreign law research; third, the incremental costs of time, as the time limit for foreign-related cases is longer and the amount of time lawyers invest is unpredictable.

II. Henglue Lawyer's Real Cases (Detailed Review)

Review of the case: Ms. Zhang and Mr. Liu registered their marriage in 1991 and had a daughter who has now reached adulthood. Both of them are now foreign nationals and have been living in Beijing for a long time. Their once stable marriage broke down due to the man's infidelity. The two parties have reached an agreement on the dissolution of their marriage and the division of their property: the house in Beijing owned by Ms. Zhang, a property abroad, savings, financial products, and insurance will be owned by her personally, while the house in Shanghai owned by Mr. Liu will be owned by him personally.

The focus of the controversy:First, regarding the legal procedures for foreign-related divorces, if both parties are foreign nationals, they cannot divorce through the civil affairs department. They must dissolve their marriage relationship through litigation or mediation by Chinese courts. What is the jurisdictional basis for this? Second, regarding the judicial confirmation of the division of marital joint property, although the parties have reached an agreement on the ownership of the property, they still need the court to confirm it, so that it can have legal effect and avoid subsequent disputes.

Our position and that of the other party are as follows:The client, Ms. Zhang, requested to dissolve the marriage with Mr. Liu and confirmed the property division agreement reached by the two parties, so that the ownership of the property under her name would have legal effect. The defendant, Mr. Liu, agreed to the divorce and property division plan, and cooperated in signing the mediation agreement during the court mediation. There was no substantial conflict between the two parties on substantive issues.

Attorney's Strategy and Legal Opinions: Firstly, according to the Civil Procedure Law of the People's Republic of China and relevant judicial interpretations, it is confirmed that although the parties are foreign nationals, the Chinese court has jurisdiction over this case because they have a habitual residence in China; Secondly, assist in preparing materials such as identity certificates, marriage certificates, and property ownership certificates to ensure the smooth filing of the case; Thirdly, conduct a comprehensive review of the real estate, deposits, financial products, and pension memberships owned by both parties, and propose a division plan stipulating that the property owned by each party belongs to them individually; Fourthly, actively communicate with the defendant during the mediation organized by the court, emphasize that there are no substantive disputes between the parties, and assist the parties in clearly expressing their wishes.

Court reasoning and case handling results: Through mediation conducted by the court, the parties voluntarily reached a mediation agreement: Ms. Zhang and Mr. Liu dissolved their marriage; the property under each party's name shall belong to them respectively, and the debts under each party's name shall be borne by them respectively.

This case is handled by Beijing Henglu Law FirmXiong BinrongThe attorney (practice certificate number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent.

III. Frequently Asked Questions

This column also features other content.Divorce litigation and family disputesThe content of the special topic can also be referred to for reference.

Q1: How much does it typically cost to hire a lawyer for a divorce involving foreign nationals?

There is no nationwide unified pricing for legal fees. Taking Beijing as an example, foreign-related divorce cases often adopt a combination of fixed fees and fees based on the value of the disputed assets: for cases involving only the dissolution of marriage and minor property disputes, fixed fees are more common; for cases involving multiple properties in China and abroad, company equity, and large sums of deposits, fees are usually calculated as a certain percentage of the value of the disputed assets. In addition, there are court acceptance fees, translation fees, notarization and authentication fees, and additional certificate fees, which are borne by the parties separately. It is recommended to specify the charging items and payment points in the entrustment contract.

Q2: Why are foreign-related cases more expensive?

The main cost lies in the procedural costs and workload. Foreign-related cases require handling overseas service, notarization and authentication or additional certificates, translation and cross-examination of foreign materials, and some cases also need to complete the recognition procedure of foreign court divorce judgments; document exchanges may also involve intermediate links such as embassies and translation agencies. According to the special provisions of the Civil Procedure Law of the People's Republic of China (effective from January 1, 2024), the service period and the time limit for providing evidence in foreign-related civil litigation procedures can be appropriately extended, and the time cost invested by lawyers will increase accordingly.

Q3: If both parties are foreigners, can they file a lawsuit in Beijing?

Yes. As long as the defendant has a habitual residence in China, Chinese courts have jurisdiction. Even if both parties are foreign nationals but have lived in Beijing for a long time, they can dissolve their marriage through litigation or mediation without having to return to their home country to handle the matter. It should be noted that when both or one of the parties are foreign nationals, domestic marriage registration authorities generally do not accept divorce registrations, and the matter must be resolved through court procedures. It is recommended that professional lawyers verify the proof materials of the habitual residence in advance to avoid repeated corrections during the filing stage.

Q4: Can the attorney's fees be charged to the other party?

In principle, each party shall bear their own costs. Only in cases where the contract stipulates otherwise or the law clearly provides for it, can the other party be held responsible. In practice, if one party engages in acts such as hiding, transferring, or selling jointly owned property that seriously harm the interests of the couple's joint property, the court may award them a smaller share or no share in the division of property. However, the attorney's fees themselves will not usually be separately charged to the other party. Before hiring an attorney, it is necessary to prepare a budget for the fees and require the attorney to provide an official invoice and a detailed breakdown of the fees.

Q5: How long will the case take? What materials do I need to prepare?

For ordinary divorce cases, the first-instance trial period is generally six months. For foreign-related cases, it often takes longer due to factors such as service of process, translation, and authentication. The specific timeframe will depend on the court's arrangements. The required materials typically include passports or other identity documents, proof of marriage, proof of habitual residence, proof of property ownership, birth certificates of children, etc. Materials obtained abroad or in foreign languages must be notarized, authenticated, or accompanied by additional certificates, and translated into Chinese. The completeness of the materials directly affects the pace of case filing and court hearings. It is recommended to prepare all necessary materials at once to avoid delays.

IV. Suggestions for Protecting Rights and Interests

For further reading:Divorce litigation and family disputes.

  • First, conduct a procedural assessment before discussing the price: Before entrusting a lawyer, please clarify whether the case involves overseas service, translation and certification, recognition of foreign judgments, and other procedures. Based on this, estimate the total cost.
  • Require a written quotation list, distinguishing between attorney fees and advance payment fees (translation fees, notarization and authentication fees, announcement fees, etc.), and stating the payment milestones and refund rules.
  • Where both parties are foreign nationals but have reached an agreement on divorce and property division, the court mediation route is given priority, which is usually more time- and cost-effective than full-scale litigation.
  • For identity, marriage, and property-related documents obtained abroad, it is necessary to have them notarized and authenticated in advance, or to attach additional certificates and Chinese translations to them, in order to avoid having to repeatedly make corrections before the trial.
  • For cases involving large-scale assets, it is advisable to first conduct a review of the assets and confirm the jurisdiction, and then decide whether to entrust the entire process to a lawyer, so as to avoid the initial investment not matching the actual difficulty 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, to avoid missing the statutory time limit. →Divorce Litigation | Legal Services for Family Disputes·Attorney Xiong Binrong·Beijing Henglue Law Firm