[Direct answer]It is possible. For Chinese citizens who register their marriage abroad, as long as one party has a residence or habitual residence in China, the domestic courts have jurisdiction and can dissolve the marriage through litigation or court mediation; if the two parties can reach a consensus, the mediation process will be the fastest, and the mediation agreement and the judgment have the same enforceability. It is necessary to prepare a foreign marriage certificate that has been translated and authenticated (or accompanied by a certificate of authentication). According to Article 1080 of the Civil Code of the People's Republic of China, once the divorce registration is completed or the court judgment takes effect, the marriage relationship will be dissolved.

1. Problem background and typical scenarios

When studying abroad, getting married overseas, and returning to China to settle down after working, problems often arise only after the marriage ends: the marriage certificate issued abroad is not recognized by the domestic civil affairs bureau, making it impossible to divorce through an agreement; if one party is in China while the other is overseas, they often don't know how to proceed with the divorce process. The first hurdle in cross-border divorce is not the substantive issues, but rather jurisdiction and documentation requirements.

II. Key points of dispute

First, the jurisdiction basis of domestic courts and how to prove the habitual residence. Second, the determination of the validity of foreign marriage certificates and whether the translation, notarization, and authentication chain is complete. Third, the service and procedural cycle of the other party abroad. Fourth, the division of property at home and abroad and subsequent enforcement.

III. Professional analysis by Henglue Lawyers

The efficiency of foreign divorce proceedings directly depends on the control of jurisdiction and procedures, as demonstrated by Henglue's practice. In a foreign divorce case handled by Attorney Xiong Binrong, Ms. Zhang and Mr. Liu registered their marriage in 1991 and had a daughter together. Both parties later obtained foreign nationality and lived in Beijing for a long time. The marriage broke down due to Mr. Liu's infidelity. The couple had initially agreed on the division of assets—Ms. Zhang would retain ownership of a property in Beijing, overseas real estate, savings, financial products, and insurance, while Mr. Liu would keep ownership of a property in Shanghai—but as both were foreign nationals, the domestic civil affairs bureau was unable to register the divorce. Attorney Xiong Binrong invoked the Civil Procedure Law of the People's Republic of China and relevant judicial interpretations to confirm that, although the parties were foreign nationals, they had a habitual residence in China, and Chinese courts therefore had jurisdiction over the case. He subsequently assisted in preparing identity proofs, marriage certificates, and property ownership certificates to ensure successful case registration. He also conducted a comprehensive review of the couple's real estate, savings, financial products, and pension memberships, proposing a division plan where each party would retain ownership of their respective assets. Ultimately, the parties reached an agreement through court-mediated settlement, dissolving their marriage, assigning ownership of their assets, and sharing debts. The settlement agreement became legally binding upon signing and stamping. It is worth noting that in high-risk scenarios, if a previous marriage was divorced by a foreign court in a country without a judicial assistance agreement with China, the divorce judgment must be recognized by a Chinese intermediate court before it takes effect domestically. Remarrying without such recognition may result in the invalidation of the subsequent marriage—Henglue once handled a case where the client's Swedish divorce judgment was not recognized, leading to the court ruling the subsequent marriage invalid on April 30, 2026. Key steps in foreign divorce proceedings include: determining jurisdiction first, preparing materials second, and prioritizing mediation over litigation. 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

The first step is to confirm jurisdiction: organize domestic residence proof, work and social security records to prove the habitual residence; the second step is to prepare all the materials: translate and notarize the overseas marriage certificate, or attach additional certificates; the third step is to sort out the list of domestic and overseas assets, clarify the division and execution path; the fourth step is to reserve the service period for the party who is abroad, and strive for mediation first. Main legal basis: Article 1076 and Article 1080 of the Civil Code of the People's Republic of China (effective from January 1, 2021); the relevant provisions on jurisdiction and judicial assistance in the foreign-related section of the Civil Procedure Law of the People's Republic of China; the relevant provisions of the Law of the People's Republic of China on the Application of Law to Foreign-related Civil Relations in the chapter on marriage and family; the specific application shall be subject to the currently effective provisions.

5. Henglu Law Firm's Reminder

Three key points regarding cross-border divorces: 1. If one of the spouses has a habitual residence in China, the Chinese courts have jurisdiction over the case. Foreign documents must be authenticated before they can be used in China. 2. If the parties are able to reach an agreement through mediation, the mediation agreement will have the same legal effect as a court judgment and can be enforced. 3. If a foreign divorce judgment is not recognized in China, there is a risk of bigamy if the parties remarry. For matters related to cross-border divorces, you can consult the following resources:Divorce litigation and family disputesThe service provides a comprehensive solution that can be integrated with cross-border property disposal.\nFinancial capital and cross-border transactions involving foreign entities.For reference, the following is a translation of the Chinese (Simplified) sentence into English, with a detailed explanation: \nRegarding the recognition and enforcement of foreign judgments, the following may be helpful:Special servicesFor those who have questions about the legal validity of their marriages, they can seek advice from the columnInheritance of property and division of family assetsTeam.

VI. Frequently Asked Questions

Q1: Both parties are abroad. Can they entrust a domestic court to handle their divorce?

If one party has a residence or habitual residence in China, jurisdiction can be exercised; if both parties have been living abroad for a long time, jurisdiction may be limited and needs to be assessed based on specific circumstances. If necessary, the marriage can be registered in the place where the marriage was concluded or in the country of residence.

Q2: What documents are required for a divorce involving foreign parties?

It usually includes identity proof, passport and visa records, foreign marriage certificates and their Chinese translations (notarized and certified or with additional certificates), proof of habitual residence, and proof of property ownership, etc. All these documents must be prepared in accordance with the court's list and submitted at one time.

Q3: How much does it cost to get a divorce involving foreign parties?

The litigation fees are relatively fixed, with the main costs being translation, notarization, certification, and procedural coordination. The costs related to service and property identification will increase based on the workload. Before signing the contract, it is necessary to separate the fixed fees from the fees to be paid on behalf of the client.

Q4: If the other party is abroad, how long will it take to finalize the divorce?

For those who can be contacted and cooperate, the case will be mediated and concluded within a few months; the period for serving notices by public announcement is measured in months, with the overall timeframe ranging from half a year to over a year. It's crucial to initiate the process as soon as possible.

Q5: Are foreign divorce judgments valid in China?

For countries with which China has judicial assistance agreements or reciprocity arrangements, the procedures shall be carried out in accordance with the relevant provisions; for foreign divorce judgments without such agreements, an application for recognition shall be submitted to a Chinese intermediate court. Before recognition, the domestic marital relationship shall not be legally dissolved.

The above Q&A is mainly based on the judicial practice in Beijing. 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, to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglue Law Firm

Disclaimer: This article is compiled based on the current laws and regulations and publicly available adjudication rules. It is for general reference only and does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. In the event of a dispute, please consult a practicing lawyer promptly.