International Divorce Procedure under the Chinese Laws (II)

2020/3/26

Question: If someone used a Chinese ID card to register his/her marriage in China and obtained a foreign nationality after that. Can he/she apply for a divorce or file a lawsuit for divorce in China directly with a foreign passport?

The answer is No.

The spouses need to submit official certification materials to prove that the spouse of the marriage is the same one of ID before they can sue the Chinese court for divorce.

Question: How long does it take for a foreigner to sue for divorce in a Chinese court?

The answer is as follows:

The people's courts have no time limit for hearing foreign-related civil cases. In general, the court will try foreign-related divorce cases in accordance with the time limit for hearing domestic divorce cases.

Question: If a foreigner sues a divorce in a Chinese court, which law will be applicable? Chinese law, foreign law or the Hague International Convention?

The answer is following:

Litigation divorce applies to the law of the court. That means the prosecution of divorce in China shall apply Chinese law. The foreign law is not applicable. The Hague Convention will not be applied because China has not acceded to the Hague Convention.

Question: What is the principle will be applied when a foreigner applies for divorce in China? What is the principle will be applied when the Chinese court decides the child custody?

 The answer is following:

In the trial of child custody rights, the judgement shall be based on the protection of children's rights and interests, which is conducive to children's physical and mental health and the specific situation of both spouses.