Both spouses are foreigners

2020/3/26

Question: Both spouses are foreigners and they registered for marriage abroad. Both spouses do not have frequent residence in China. Can they sue for divorce in Chinese courts?

The answer is no.

In the condition that the foreigners who registered for marriage abroad have no frequent residence in China, the Chinese court will not accept such lawsuits because the court has no jurisdiction.

Question: Both spouses are foreigners and they registered for marriage abroad. One of them has frequent residence in China. Can they sue for divorce in a Chinese court?

The answer is yes.

If the spouses who are foreigners or stateless persons demand a divorce in China, such lawsuit will be accepted by the Chinese court because one of them has frequent residence in China.

Question: Both spouses are foreigners. They have registered for marriage in China. After that, the foreign court ruled that they were divorced. Will Chinese courts recognize such divorce judgments?

 The answer is No.

Chinese courts will recognize the divorce judgements made by the foreign courts only when one spouse is Chinese or both spouses are Chinese. If both spouses are foreigners, the judgements will not be recognized.

Question: Both spouses are foreigners. They registered for marriage aborad. After that, the foreign court claimed their divorce. Can Chinese courts recognize their divorce judgment?

 The answer is No.

To apply to a Chinese court for recognizing a divorce judgment made by a foreign court, one must be Chinese or both spouses are Chinese. If both spouses are foreigners, the Chinese courts will not accept their divorce judgments made by foreign courts.

Even if they were Chinese, Chinese courts will not accept their divorce judgments made by foreign countries due to their foreign nationality