Divorce Lawyers in China - Divorce Procedure Explained

If you would like to file for divorce in China, this article provides important information. Whether you are a Chinese citizen or a foreign national, the divorce procedure involves a wide range of legal aspects that our divorce lawyers in China can explain.

Quick Facts
Divorce legislation in China	Civil Code (Book Five - Marriage and Family), in force since 1 January 2021
Grounds for divorce in China	– breakdown of mutual affection, – domestic violence, maltreatment or desertion, – bigamy or cohabitation with another person, – gambling or drug addiction, – 2 years' separation due to discord
Types of divorce in China	By mutual agreement and by litigation
Representation for foreigners in China(YES/NO)	YES
Representation for both spouses (YES/NO)	YES
Child custody legal advice (YES/NO)	YES
Mutual consent formalities	A joint petition can be filed.
Reconciliation before legal separation	Provided to spouses who want to get a divorce in China
Legal advice for the distribution of mutual assets	Legal counseling is offered at the time the former partners decide to get a divorce in China
Representation in the court of law	We represent our clients in the court of law if the divorce cannot be set by mutual agreement.
Time frame for divorce in China	About 1-2 months by agreement (30-day cooling-off period); usually 6 months or more by litigation
Annulment of marriage	Marriages in China can be canceled if one of the spouses is under the required age or if forced marriage is involved.
Mediation statement	Required if partners agree on mediation for marriage dissolution
Is divorce in China recognized in the country of origin of former spouses?	Yes, but the divorce decision must be registered first.
Why choose our divorce lawyers in China?	We offer: – legal advice to both spouses, – experience, – professionalism, – legal services at optimal costs.
Temporary separation	No formal legal separation procedure in China; spouses may simply live apart (2 years' separation due to discord is a divorce ground)
Divorce by agreement	Handled by the Marriage Registration Offices in China
How long does it take to settle a divorce by litigation in China	Usually, between 6 months and 2 years
Divorce case for a Chinese citizen married to a foreigner	This can take place in China, regardless of place of residence.
Validity of divorce in China	Generally recognized abroad, subject to each country's recognition rules
Best divorce option and recommended in China	Negotiated and settled divorce
What happens first if spouses agree to a settled divorce?	Common assets and custody are discussed, alongside our divorce lawyers in China.
How is the divorce agreement drafted?	In Chinese and English
Copies of a divorce decision	One remains at the court of law, while the other two are handled by spouses.
Mediation if only one of the spouses wants to get a divorce in China	Available option
Domicile of children after separation of parents	Children under 2 normally live with the mother; for older children the court decides in the child's best interests, respecting the wishes of a child aged 8 or over
Expenses involved in custodial rights	The non-custodial parent pays part or all of the child support (Civil Code art. 1085); the amount is agreed by the parents or set by the court.
Factors deciding child maintenance in China	Incomes of both parents
What types of matrimonial assets are distributed after a divorce?	Common assets include properties, business benefits, intellectual property, inherited properties, patent rights and benefits, etc.
Spousal maintenance in China	No general alimony, but a spouse in financial difficulty may receive appropriate assistance (art. 1090) and housework compensation may be due (art. 1088)

What is the legislation for a divorce in China?

The Civil Code in China.

What are the grounds for a divorce in China?

Broken marriage,
Infidelity,
Domestic violence,
Family abandonment,
Gambling or drug addiction,
Mental illness,
Long-term separation, etc.

What types of divorces are available in China?

By mutual agreement,
By litigation.

Who handles the administrative process of a divorce in China?

The Civil Affairs Bureau in China, at a local/municipal level.

Is there a separation period imposed when filing for divorce in China?

Yes, 30 days.

Below is an infographic about how to get a divorce in China:

What happens during the 30-day cooling-off period in a divorce petition in China?

Spouses can reconcile and withdraw the divorce claim.

What are the conditions to get a divorce in China by mutual agreement?

Both spouses agree on the separation by signing an agreement,
spouses must decide on the distribution of common assets and child custody,
partners will have to complete the 30-day reconciliation period.

How is divorce by litigation done in China?

This is an option if one spouse does not agree to the divorce.

NOTE: If the court denies the first divorce claim, the plaintiff cannot re-file within 6 months without new facts (Civil Procedure Law art. 127); if the spouses then live apart for a further year, the court shall grant the divorce (Civil Code art. 1079).

What are the documents required to get a divorce in China?

the marriage certificate,
IDs/passports,
proof of domicile of spouses (property contract, title deed, etc.),
extra documents for foreign citizens divorcing in China.

Is mediation possible in a case where one of the spouses refuses the divorce claim in China?

Yes. However, if mutual agreement is not possible, the case is resolved in court.

Below, you can watch a video presentation with details about how to get divorced in China:

Is there a difference between divorce in China and separation?

Yes, but China has no formal legal separation procedure; couples can only separate informally (live apart) when they want to end their marriage. This type of separation can help the couple reconcile without resorting to legal divorce, and it does not have a deadline, as is customary in some countries.

How is the divorce process for foreigners in China?

if the marriage took place in China, foreign citizens can use either the mutual agreement option (at the registry, both spouses present) or litigation to get a divorce.
litigation is used if they are married overseas and want to file for divorce in China.

When is a contentious divorce declared in China?

A contentious divorce is granted in China if the spouses have lived separately for at least 2 years, if the circumstances lead to the alienation of mutual affection, and if one of the spouses committed bigamy.

How long does it take to get a divorce decision in China?

In general, a divorce by agreement takes about one to 3 months (including the 30-day cooling-off period), while a contested court divorce usually takes 6 months or more.

How is child custody done after the divorce decision in China?

the magistrates will consider the needs of the children involved in marriage, their wishes, and the financial status of the parents,
the child support or the alimony enters the obligation of the parent who did not win the custody and generally amounts to 20-30% of the paying parent's monthly income (up to 50% for two or more children),
alimony is paid until the child reaches 18 years of age, or if the minor is 16 and has a job or has joined the military.

What should you do after the divorce is pronounced in China?

Once the divorce is pronounced, the domicile of one of the spouses changes. He/she is obligated to register the new address with the relevant local authorities, and this requirement applies to foreign citizens residing in China.

International entrepreneurs seeking trademark registration in China should consult our team of experts. Our law firm in China can offer you legal representation if you have entered into a foreign-related marriage in China and want to initiate divorce proceedings in court. Please feel free to contact us.