Divorcing by agreement refers to a divorce that is processed through the agreement of both parties.
1. If one party is a Chinese citizen and the other is a foreigner, according to Article 10 of the Marriage Registration Ordinance, the Chinese citizen and foreigner (including Hong Kong, Taiwan, Macau, and oversees Chinese nationals) can be divorced voluntarily in mainland China after going through divorce procedures outlined by the marriage registration authority.
2. If both parties are Chinese and are living in a foreign country together, the Interim Measures for Marriage Registration states that the divorce can be submitted to the Chinese embassy or consulate in a foreign country in certain situations: 1. Both parties are not capable of reaching a civil agreement; 2. The marriage registration was carried out at the consulate; 3. Both parties can personally apply for divorce in person; 4. Both parties agree to voluntarily divorce and divide property and rights to children; 5. The country’s ambassadors recognize divorces submitted to foreign embassies and consulates.
3. If both parties are foreigners, according to the Marriage Registration Ordinance, a divorce can be applied for as long as both parties can provide all the required documents and evidence that is outlined in the ordinance and the parties’ home country recognize that their residents had applied for the marriage abroad. The divorce procedures can be handled at the marriage registration office where the work or livelihood is located. However, this does not necessarily mean that the registration authority will be consistent with the original one used to register the marriage.
In addition, some countries and regions do not allow divorce through agreement and may not be recognized or accepted in their country. For example, in Britain, divorce can only be handled through litigation in the UK. Therefore, the divorce handled in China may not be recognized in that country.
