Divorce is the dissolution of a marriage. Foreign divorce involves one or two parties that are foreigners or have foreign marriage relations but want to divorce in China. Shanghai is a modern and developing city which means that more and more marriages involve foreign affairs and the demand for the foreign divorces is in increasing.
In general, divorces involving foreign affairs can be handled one of two ways: divorce agreement or by litigation. This article focuses on the divorce agreement in which there are two different types: one is through the Civil Affairs office and the other is through the foreign embassies and consulates in China. The marriage laws of China have certain provisions to follow.
1. Divorce agreements within the Civil Affairs office
Article 10 of the marriage registration ordinance states that mainland residents who voluntarily divorce should jointly submit the agreement to the marriage registrar in the permanent residence of one of the parties. A Chinese citizen and a foreign party (Hong Kong, Taiwan, Macao, Overseas Chinese) who voluntarily divorces through agreement should jointly submit the documents to the marriage registrar where the mainland resident lives.
What materials should two Chinese residents submit to register for divorce?
(a.) official family book and ID cards
(b.) marriage certificate
(c.) divorce agreement signed by both parties
Residents of Hong Kong, Macau, Taiwan, Overseas Chinese, and other foreigners involved in a divorce agreement in China must provide items (b.) and (c.) of the previous list as well as their own valid passports, ID cards, and other foreign travel documents.
The divorce agreement must specify that the divorce is voluntary and a consensus on matters involving children, property, and debt division.
2. Divorce agreement within the embassies and consulates
It isn’t usual for an embassy or consulate to handle a divorce agreement, but in some special cases they may accept to process a divorce agreement if the following conditions are met:
(a.) both parties are Chinese citizens with full civil abilities
(b.) the marriage is legal and in accordance with the law
(c.) both parties must go to the embassy or consulate to apply for a divorce
(d.) both parties voluntarily divorce and are in mutual agreement regarding children, property, and debt division
(e.) the embassy or consulate are permitted to register divorces
