[Direct answer]Yes. If both parties are foreign nationals or have lived abroad for a long time, as long as one party has a domicile or habitual residence in China, Chinese courts have jurisdiction over divorce litigation. They can file lawsuits in accordance with the provisions of the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and implemented on January 1, 2024) on territorial jurisdiction and jurisdiction over foreign-related civil litigation. If one or both parties are foreign nationals, the marriage registration authorities generally do not accept registration of divorce, and the marriage must be dissolved through court litigation or mediation. According to Article 1080 of the Civil Code of the People's Republic of China (implemented on January 1, 2021), the divorce judgment or mediation agreement takes effect upon its entry into force, and the marriage relationship is thereby dissolved. It is recommended to first confirm jurisdiction and document authentication, then entrust a lawyer to proceed with the case. The fastest way to resolve the matter is through mediation with the consent of both parties.

I. Problem Background and Typical Scenarios

With the increasing number of cross-border marriages and overseas work and settlement, divorce needs involving both parties who are not in China are becoming more common. Typical cases include: both parties are foreign nationals but have been working and living in Beijing for a long time; one party has been abroad for many years and the marriage is in name only; one party holds a foreign divorce judgment and wants to remarry in China but is questioned about the validity of the judgment. The first procedural hurdle is that divorce by agreement at the civil affairs bureau is usually not possible - if one or both parties are foreign nationals, the marriage registration authority generally does not accept the registration of divorce; if both parties are Chinese nationals but have settled abroad, it also involves issues such as jurisdiction connection points and notarization and authentication of materials. At this time, court litigation or mediation becomes the main path. For cases involving overseas assets, it can be combined with other legal procedures.Financial capital and cross-border legal services involving foreign affairsCoordinate and arrange everything in an organized manner.

II. Key points of contention

The focus of the dispute lies in four aspects. Firstly, jurisdiction: If the defendant does not have a residence in China, can the court at the plaintiff's residence or habitual residence accept the case? This needs to be determined based on the proof of habitual residence (residence certificates, rental contracts, social security and work records, etc.). Secondly, notarization and authentication of identity and property documents: Marriage certificates, passports, and property certificates obtained abroad need to undergo corresponding authentication or supplementary certification procedures and be translated. Thirdly, expression of intent and agency: If a party cannot attend the trial, documents such as power of attorney also need to go through corresponding procedures. Fourthly, recognition of foreign divorce judgments: Foreign judgments that have not been recognized by Chinese courts do not have the effect of dissolving the marriage in China. Re-marrying without first obtaining recognition of the foreign judgment may constitute bigamy.

III. Professional analysis by Henglue Law Firm

A foreign-related divorce dispute handled by Henglue Law Firm illustrates the above-mentioned process. 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 who have lived and worked in Beijing for a long time. However, their marriage broke down due to Mr. Liu's infidelity. The couple have reached an agreement on the division of their assets: the house in Beijing, a property abroad, savings, financial products, and insurance under Ms. Zhang's name will be owned by her individually, while the house in Shanghai under Mr. Liu's name will be owned by him alone. However, as both of them are foreign nationals, the domestic Civil Affairs Bureau cannot handle their divorce registration. Ms. Zhang entrusted Attorney Xiong Binrong from our firm to handle the case. The attorney confirmed in accordance with the Civil Procedure Law and relevant judicial interpretations that, although the couple are foreign nationals, they have a habitual residence in China, and Chinese courts have jurisdiction over their case. Subsequently, the attorney assisted in preparing materials such as identity certificates, marriage certificates, and property ownership certificates to ensure the smooth filing of the case, and comprehensively sorted out the couple's domestic and overseas properties, savings, and financial products, proposing a division plan where each party would own the assets under their own name. Through mediation conducted by the court, the couple voluntarily reached a mediation agreement: to dissolve their marriage, and each party would own the assets under their own name and bear their own debts. The mediation agreement took effect immediately after the parties signed and sealed it, and all of Ms. Zhang's claims were satisfied. This case was handled by Beijing Henglue Law Firm.Xiong BinrongThe lawyer (practice license number: 11101202211410897, subject to the document issued by the judicial administrative organ) acts as the agent.

IV. Practical suggestions and legal basis

Legal basis: Article 1079 of the Civil Code of the People's Republic of China (effective from January 1, 2021) on the determination of marital breakdown in litigation divorce; Article 1080 on the dissolution of the marriage relationship upon the effectiveness of the divorce judgment and mediation agreement; Article 1051 on the invalidation of marriage due to bigamy; the provisions on territorial jurisdiction, foreign-related civil litigation jurisdiction, and service of documents in the Civil Procedure Law of the People's Republic of China (amended on September 1, 2023 and effective from January 1, 2024); the rules on the application of foreign-related marriage laws in the Law on the Application of Laws to Foreign-Related Civil Relations of the People's Republic of China (effective from April 1, 2011); and the judicial interpretations of China on applying for the recognition of foreign court divorce judgments. Practical suggestions: First, confirm jurisdiction and fix evidence of one party's habitual residence in China; Second, prepare all certified and translated identity and marriage certificates; Third, sort out domestic and overseas assets and form a division plan; Fourth, prioritize mediation, as mediation agreements have the same legal effect as judgments and the process is shorter. For the disposition of overseas assets, relevant provisions can be referenced.\nFinancial capital and cross-border legal services involving foreign affairsArrange it.

5. Henglue Law Firm's Reminder

Three reminders: First, foreign divorce judgments do not automatically take effect in China. They must be recognized by Chinese courts through a ruling. Those with a history of cross-border marriages must complete the recognition process before remarrying — in a case of confirming the invalidity of marriage handled by our firm, one party held a Swedish court's divorce judgment but registered for remarriage without applying for recognition by a Chinese intermediate court. The court confirmed the subsequent marriage as invalid in accordance with Article 1051 of the Civil Code. Second, parties abroad can entrust domestic lawyers to act on their behalf. Power of attorney and other documents must undergo certification procedures as required to avoid repeated filing of cases. Third, the division of domestic and overseas assets should be planned together to avoid additional costs for handling matters separately after divorce. For matters involving family property and inheritance arrangements, you may refer to the relevant provisions.Inheritance succession and family property division services.

VI. Frequently Asked Questions

Q1: Both parties are foreign nationals. Can they successfully file for divorce in China?

The decision on whether to divorce does not depend on nationality, but on whether the marriage has truly broken down and whether the jurisdiction is established. According to Article 1079 of the Civil Code, if the marriage has truly broken down and mediation is ineffective, the divorce shall be granted; if both parties agree to divorce, the marriage can be dissolved once an agreement is reached through court mediation. In terms of jurisdiction, if either or both parties have a habitual residence in China, Chinese courts can accept the case; if both parties have been living abroad for a long time and have no habitual residence, the acceptance and service of the case will be more complicated and require case-by-case assessment. From the cases handled by Henglue Law Firm, it can be seen that divorce through court mediation is the most efficient when both parties reach an agreement, and the procedural demands can usually be met.

Q2: What materials are needed to handle a foreign divorce in China?

These typically include: identification documents of both parties (passports and their translations), marriage certificates (for domestic registrations, provide the marriage certificate or registration file certificates; for overseas registrations, the certificates must be certified or accompanied by additional proof and translated), proof of the party's habitual residence in China (residence certificates, rental contracts, social insurance or work records), birth certificates of children and materials on their upbringing, property ownership certificates in China and abroad (property deeds, deposit certificates, financial products and insurance policies, etc.), and power of attorney documents certified accordingly (for cases where the party is unable to attend the court hearing). The list of materials may vary depending on the specific case. It is recommended to first have a lawyer verify the jurisdiction and evidence format to avoid repeated corrections and delays in filing the case.

Q3: How much does an international divorce typically cost?

The fees consist of three parts: court acceptance fees, translation and notarization fees, and attorney fees. According to the "Measures for the Payment of Litigation Fees" (implemented on April 1, 2007), the divorce case fee ranges from 50 yuan to 300 yuan per case. For cases involving property division with a total amount exceeding 200,000 yuan, the fee is calculated at 0.5% of the total amount. Foreign documents, additional certificates, and translations are charged based on the number of pages, often costing thousands of yuan. Attorney fees are negotiated based on the complexity of the case and the scale of the property, and the contract of entrustment shall prevail. If the parties agree to mediation, the procedure is simplified, and the overall cost is usually significantly lower than that of adversarial litigation. It is recommended to require the law firm to list the fee range in writing before entrusting them, and to separately confirm third-party expenses such as cross-border evidence collection.

Q4: Both parties are abroad. How long will the divorce litigation take?

The duration of the process is influenced by factors such as service of process, authentication, and the mode of appearance in court. If both parties cooperate and all materials are complete, the case can be resolved through mediation or trial within a few months, as demonstrated by the successful mediation of divorce cases involving foreign parties handled by Henglu Law Firm. However, if one party is unaccounted for or refuses to cooperate, service by public announcement is required, and the announcement period, defense period, and appeal period for foreign-related cases are generally longer, possibly exceeding one year. Completing the power of attorney and evidence authentication before filing the case, and reaching an agreement on property and child custody arrangements in advance, can significantly shorten the timeframe. It is recommended to initiate the process as early as possible to avoid repeated submission of materials and prolonged waiting periods, as well as to prevent the other party from seizing assets both domestically and abroad beforehand.

Q5: If I'm not in China, what are the specific steps to complete the first step of the process?

Four steps are recommended: First, confirm jurisdiction and sort out the proof of one party's household registration or habitual residence in China to determine the accepting court; Second, inventory the basic materials of the marriage and property, and start the authentication and translation of overseas documents in advance; Third, entrust a lawyer to draft the complaint and authorization documents. If the litigant is unable to attend the court hearing in person, the entrustment procedures shall be handled in accordance with the foreign-related procedures; Fourth, prioritize negotiating with the other party on property and child custody arrangements to strive for a divorce mediation. Once the mediation agreement takes effect, the marriage will be dissolved, and the subsequent property disposal can be carried out accordingly. For issues involving the recognition of foreign judgments or the validity of remarriage, consult a lawyer for verification to prevent the risks of bigamy and invalid marriage.

The above Q&A is mainly based on the judicial practice in Beijing. There may be differences in the interpretation of the law 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, 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 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.