One spouse is a Chinese, the other is a foreigner.

2020/3/26

Question: One spouse is a Chinese, the other is a foreigner. They registered for marriage in China, and has been sentenced by a foreign court to divorce. Will Chinese courts recognize their divorce judgment?

The answer is following: Chinese courts will recognize the divorce judgement made by the foreign court only when one spouse is Chinese or both spouses are Chinese. In this case, Chinese courts will recognize such divorce judgments as long as the corresponding conditions are met.

A divorce judgment made by a foreign court which has a judicial assistance agreement with China shall be applied for recognition in accordance with the provisions of the agreement.

For a divorce judgment made by a foreign court which has no judicial assistance agreement with China, the spouse who has Chinese nationality may apply to the people's court for recognition of the divorce judgment in accordance with the Provisions on the Application of Chinese Citizens to Appeal the Divorce Judgment of Foreign Courts.

Question: One of the spouses is a Chinese, the other is a foreigner. If the marriage was registered abroad and the divorce judgement was made by a foreign court, can the Chinese court recognize the divorce judgment?

The answer is following: As long as the conditions stipulated by Chinese law are met, Chinese courts can recognize divorce judgments made by foreign courts.

To apply to a Chinese court for recognition of 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 recognize 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.