Both spouses were Chinese(1)

2020/3/26

Question: Both spouses were Chinese, and they got marriage in China. After that, one or both spouses joined the foreign nationality. Can they sue for divorce in China?

The answer is following: In most cases, Chinese courts will accept such lawsuits.

Although one spouse has joined the foreign nationality, the Chinese court will accept the divorce lawsuit because the other is still Chinese.

If both spouses have joined foreign nationality, the Chinese courts will conditionally accept divorce lawsuits between them. This condition is that one spouse needs to submit the decision of the foreign court. The decision must indicate that the foreign court cannot accept this lawsuit because such divorce lawsuit should be subject to the jurisdiction of the court of marriage.

In the condition that both spouses have joined foreign nationality and they are unable to submit the decision of foreign court to the Chinese court, the Chinese court may accept the lawsuit because one or both spouses have frequent residence in China.

Question: Both spouses were Chinese, and they got marriage in China. After that, one spouse joined the foreign nationality. Will the Chinese court recognize the divorce judgement of the foreign court?

The answer is yes. However, the spouses should apply for recognition.

For divorce judgments made by foreign courts which have judicial assistance agreements with China, the spouses need to apply for recognition in accordance with the provisions of the agreement.

If the foreign court which made the judgement has no judicial assistance agreements with China, the spouse who has Chinese nationality can apply for recognition in accordance with Provisions on Chinese Citizens' Application for Recognition of Foreign Court Divorce Judgment Procedures.

In conclusion, as long as one spouse is Chinese, the spouses can apply for recognition of divorce judgements made by foreign courts.

Question: Both spouses are Chinese, and they have registered marriage in China. After that, both spouses joined foreign nationality. Will Chinese courts recognize the divorce judgement made by the foreign court?

The answer is No.

Chinese courts only recognize the judgements made by foreign courts in condition that at least one spouse is Chinese. If both spouses are foreigners, Chinese courts will not accept the application.

If the spouses who were Chinese joined the foreign nationality, Chinese courts will not accept their application for recognition of judgement made by foreign courts.