[Direct answer]In the Beijing area, it is usually possible to file a lawsuit in Chinese courts, and in most cases, it is more feasible. As long as the defendant has a residence or habitual residence in China, or the marriage was concluded in China, Chinese courts generally have jurisdiction; the Fourth Edition of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024) makes special provisions for foreign-related civil litigation procedures, and the specific jurisdiction rules are determined by this edition and the Interpretation of the Supreme People's Court on the Application of the Civil Procedure Law of the People's Republic of China. Litigation divorce applies the law of the forum, that is, Chinese law is applied when the case is heard in Chinese courts, as stipulated in Article 27 of the Law of the People's Republic of China on the Application of Law to Foreign-Related Civil Relations (implemented on April 1, 2011). If both parties are abroad, they need to evaluate factors such as their habitual residence and the location of their assets before making a choice.

1. Problem background and typical scenarios

Common scenarios include: one party is a Chinese citizen and the other party is a foreigner, and they have lived in China for a long time after marriage; the two parties once registered their marriage in China, but later one party moved abroad; both parties are foreign nationals but have a habitual residence in China, and they cannot divorce through the marriage registration authority. Cross-border factors bring three practical challenges: first, determining where to file the lawsuit; second, determining which country's law to apply; and finally, solving the notarization, authentication, and translation of overseas materials. Insufficient preparation in any of these steps will delay the filing of the case.

II. Key points of contention

First, the jurisdiction basis. Generally, the defendant's domicile or habitual residence is used as the connecting point. The place where the marriage was concluded in China is also often used as the jurisdiction basis. If both parties have habitual residences in China, Chinese courts can generally accept the case. Second, the application of law. For litigation divorce, the law of the forum applies, that is, Chinese courts apply Chinese law when hearing the case; for agreement divorce, the applicable law can be selected in accordance with the relevant provisions of the Law on the Application of Law to Foreign-related Civil Relations. Third, parallel litigation and conflicts. If the same marriage is litigated in two countries, there may be conflicting judgments, and the practical effects of recognition and enforcement need to be considered. Fourth, the recognition of foreign judgments. The divorce judgments of foreign courts must be recognized by the People's Courts of China before they can take effect in China. The specific procedures shall be subject to the currently effective laws, regulations and judicial rulings. Fifth, preparation of materials. Identity, marriage, and property documents formed overseas usually need to be notarized and authenticated and accompanied by Chinese translations.

III. Professional analysis by Henglue Lawyers

A foreign-related divorce case handled by Henglue Law Firm can illustrate the choice of legal path. Ms. Zhang and Mr. Liu registered their marriage in 1991 and have a daughter who has now reached adulthood. Both parties are now foreign nationals and have been living in Beijing for a long time. The marriage broke down due to the man's infidelity. The two parties have reached an agreement on the division of property: the house in Beijing, the overseas property, savings, financial products, and insurance under Ms. Zhang's name will belong to her personally, and the house in Shanghai under Mr. Liu's name will belong to him personally. However, since both parties are foreign nationals, the domestic marriage registration authorities are unable to handle the divorce registration. Therefore, Ms. Zhang entrusted Attorney Xiong Binrong of Beijing Henglue Law Firm to handle the divorce case for her.

Based on the Civil Procedure Law and relevant judicial interpretations, Attorney Xiong Binrong confirmed that although the parties were foreign nationals, the Chinese court had jurisdiction over the case because they had a habitual residence in China. He assisted in preparing materials such as identity certificates, marriage certificates, and property ownership certificates to ensure the smooth filing of the case. At the same time, he comprehensively sorted out the real estate, deposits, financial products, and pension memberships owned by both parties and proposed a division plan stipulating that the property owned by each party would belong to them individually. After the court-mediated settlement, the parties signed a mediation agreement in court, dissolved their marriage, and agreed that the property owned by each party would belong to them individually and that the debts owned by each party would be borne by them individually. The mediation agreement took effect immediately after the parties signed and sealed it. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the certificate issued by the judicial administrative organ) acts as the agent. This case shows that foreign-related divorces do not necessarily have to be resolved abroad. As long as the jurisdiction connection is established, Chinese courts can handle both the divorce and property issues in one go through litigation or mediation.

IV. Practical suggestions and legal basis

According to Article 26 (Legal Application to Divorce by Agreement) and Article 27 (Legal Application to Divorce by Litigation, implemented on April 1, 2011) of the Law of the People's Republic of China on the Legal Application of Foreign-related Civil Relations, Article 1080 of the Civil Code of the People's Republic of China (implemented on January 1, 2021), which stipulates that the marriage relationship is terminated upon completion of divorce registration or the effectiveness of the divorce judgment or mediation agreement, and the special provisions on foreign-related civil litigation procedures in Chapter IV of the Civil Procedure Law of the People's Republic of China (amended in 2023 and implemented on January 1, 2024). Suggestions: First, confirm the defendant's domicile or habitual residence to determine the court with jurisdiction; Second, handle the notarization, authentication, and Chinese translation of overseas documents in advance to avoid repeated corrections during case filing; Third, sort out the list of domestic and overseas assets and prepare ownership certificates. For the enforcement and disposition of cross-border assets, refer to the relevant provisions.\nCross-border transactions involving foreign entities的实务提示；第四，境外有平行诉讼的，评估判决承认与执行的先后顺序；第五，调解结案的应明确财产交付与债务承担，通过Divorce litigationThe right to freeze the program.

5. Henglu Law Firm's Reminder

The most overlooked aspect of cross-border divorce is the procedural costs: notarization and authentication, translation, service of documents, and jurisdiction objections—each of these steps can take months. It's better to prepare early and take the initiative. Three reminders: First, if both parties are foreign nationals with a regular residence in China, they cannot divorce through a marriage registration authority agreement, but must seek a divorce through litigation or mediation in court. This approach has been confirmed by numerous cases. Second, foreign court divorce judgments do not automatically take effect in China. Those involving remarriage or property disposal should undergo a separate recognition process, otherwise, disputes over the validity of the marriage may arise. Third, identifying and enforcing overseas assets is significantly more difficult. If necessary, legal assistance can be sought to address these challenges.Specialised legal servicesCarry out the overall scheme design. For more practical information about foreign-related family matters, please visit our website.Beijing Henglue Law FirmPlease check the official website for more information.

VI. Frequently Asked Questions

Q1: If a Chinese and a foreigner divorce, do Chinese courts have jurisdiction over the case?

Generally, if the defendant has a residence or habitual residence in China, Chinese courts can accept the case according to the general territorial jurisdiction principle; if the marriage was concluded in China, or both parties have a habitual residence in China, they are often recognized as having jurisdiction in practice. The "Civil Procedure Law of the People's Republic of China" (amended in 2023 and implemented on January 1, 2024) specifically stipulates the procedures for foreign-related civil litigation in Chapter IV, and the specific jurisdiction is still determined according to that chapter and relevant judicial interpretations.

Q2: What materials do I need to prepare?

Generally, it includes the identity certificates of both parties (passports, residence certificates), proof of marital relationship (marriage certificates or registration files), proof of property ownership (real estate, deposits, financial management, insurance, company equity), proof of habitual residence, and materials related to children. Documents issued abroad usually need to be notarized, authenticated, and accompanied by Chinese translations. The completeness of the materials directly affects the progress of case filing and trial, so it is recommended to sort out the list in advance.

Q3: What's the approximate cost?

The acceptance fee for divorce cases is paid per case. For the part involving property division with a high total amount, it shall be paid in proportion according to Article 13 of the "Measures for the Payment of Litigation Costs" (State Council Decree No. 481, implemented on April 1, 2007); the attorney's fee shall be paid according to the contract of entrustment. Foreign-related cases will also incur procedural expenses such as notarization and authentication, translation, and service abroad. Investigations and enforcement of overseas property shall be charged separately, and the overall cost is usually higher than that of ordinary divorce cases.

Q4: How long does the process usually take?

The time limit for the first-instance ordinary procedure is generally six months. However, for foreign-related cases, due to the long service period and the complexity of identifying applicable laws, the actual duration is often longer; for cases involving overseas notarization, authentication, and translation, the initial preparation may take several months. If you need to recognize a foreign judgment in China, you must initiate a separate recognition procedure, and the time required for this process will be calculated separately. It is recommended to allow sufficient time for these procedures.

Q5: What should I do first?

First, confirm the defendant's domicile or habitual residence to determine whether Chinese courts have jurisdiction; at the same time, initiate the notarization, authentication, and translation of foreign documents, and sort out the lists of domestic and foreign assets and debts. If there are already lawsuits abroad, evaluate the order of recognition and enforcement of the judgment. Cross-border factors affect the filing and trial of the case, so it is recommended to consult a professional lawyer before finalizing the litigation plan.

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 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·Attorney Xiong Binrong·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective 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. If you encounter disputes, please consult a practicing lawyer in time.