Insights

How Ningbo People Handle Divorce Procedures in Foreign Countries

Ningbo Author：LuXu WANG

Ms. Wang has been living in Japan for an extended period due to work, while her husband resides in China; both parties have agreed to divorce. Ms. Wang would like to know whether she can go through the divorce proceedings without returning to China. The conclusion begins with the following: when a person handles a divorce in a foreign country, there are two paths: divorce by agreement and divorce by litigation-divorce by agreement must be handled by both parties together and handled in person at the marriage registration authority without entrusting agents; Divorce through litigation can be carried out in domestic courts. I usually do not need to return home. I can entrust a domestic agent to act as my agent. Key procedures can be participated in through remote video and other means. If a person is abroad and cannot return for a while, divorce is almost the only realistic choice; if a divorce judgment has been obtained in a foreign country, before returning to China to deal with household registration, remarriage, property and other matters, you must first apply to the domestic intermediate people's court for recognition of the judgment.

1. Legal Basis and Jurisdiction Rules

Article 1076 of the Civil Code of the People's Republic of China stipulates that if both spouses voluntarily wish to divorce, they shall sign a written divorce agreement and personally apply for divorce registration at the marriage registration authority. Article 23 of the the People's Republic of China Civil Procedure Law stipulates that a lawsuit concerning identity relations brought against a person who does not live in the the People's Republic of China area shall be under the jurisdiction of the people's court of the plaintiff's domicile; if the plaintiff's domicile is inconsistent with his habitual residence, it shall be under the jurisdiction of the people's court of the plaintiff's habitual residence. Accordingly, where one party in China files for divorce against the other party who resides abroad, the suit may be brought before the people’s court at the plaintiff’s domicile. In cases where a party from Ningbo has a spouse residing abroad, the action is typically filed with the basic-level people’s court of the district, county, or city where the Ningbo-based party is domiciled. If, on the other hand, the foreign party (plaintiff) sues the domestic party (defendant), jurisdiction shall be vested in the people’s court at the defendant’s domicile pursuant to Article 22 of the Civil Procedure Law; if the defendant is domiciled in Ningbo, the case shall be under the jurisdiction of the Ningbo court.

The power of attorney, identity and marriage certification materials formed outside the territory are usually required to be certified by the notary office of the host country and certified by the the People's Republic of China embassy or consulate in the country (or perform the certification procedures stipulated by relevant treaties) before they can be used in domestic litigation; the litigation cycle is generally longer than that of ordinary cases due to foreign service (mail service, diplomatic service, treaty service, announcement service, etc.), it is recommended to start as soon as possible and reserve time.

2. Option 1: Divorce by agreement (both parties must return to their home country to handle the procedure)

For a divorce by agreement, both spouses must personally apply at the marriage registration authority; they may not authorize another person to handle the matter on their behalf, nor may they complete “domestic divorce registration” while abroad. The process is as follows: through Zhejiang office APP "Zhejiang marriage" and other channels to make an appointment, both parties will jointly present to submit the application, after a 30-day cooling-off period, both parties will jointly present to receive the divorce certificate; During the cooling-off period, either party may withdraw. If the application is not jointly obtained within 30 days after the expiration of the cooling-off period, it shall be deemed to have withdrawn the application. If one party is registered as a resident of Zhejiang Province, the service can be handled within the province; if neither party is registered as a resident of Zhejiang, at least one party must hold a residence permit. Individuals currently residing overseas must arrange their own return travel and allow sufficient time for the cooling-off period between the two required in-person visits for marriage registration. If one party is unable to return to China for an extended period due to being abroad, the divorce by agreement is essentially unfeasible, and the only option is to proceed through litigation.

3. Path Two: Divorce through litigation (I usually do not need to return to China)

Divorce litigation is accepted by the domestic court, and the process is as follows: entrust domestic agent (both lawyers and close relatives can be entrusted as litigation agent) → prepare complaint, marriage certificate, identity materials of both parties, birth certificate of children, property certificate and power of attorney certified by notarization → sue to the court with jurisdiction → the court filing, delivery and scheduling → court hearing (parties can apply for remote video participation) → judgment. The key points are as follows:

  1. Court of Jurisdiction: If the defendant is located outside China, the plaintiff shall file the lawsuit with the court in its own domicile (Ningbo); if the defendant is located within China, the lawsuit shall be filed with the court in the defendant’s domicile; if the defendant is domiciled in Ningbo, the Ningbo courts shall have jurisdiction.
  2. Notarization and Authentication of Power of Attorney: If the principal is abroad, the power of attorney must be notarized by the competent authority in the country of residence and authenticated by the Chinese embassy or consulate in that country (or through treaty-based procedures); otherwise, the agent will not be able to act effectively on behalf of the principal.
  3. Identity and Marriage Documents: Identity documents and marriage certificates issued abroad must also be accompanied by notarized or certified translations.
  4. Remote Participation: Most courts permit participation in mediation, interrogations, and court hearings via video conferencing; in Ningbo, there have already been cases where foreign-related divorce matters were served and concluded through WeChat and video hearings.
  5. expenses and period: the acceptance fee of foreign-related divorce cases is the same as that of ordinary divorce cases (50 to 300 yuan per case, and the part involving property division and the total amount exceeding 200000 yuan will be charged proportionally), but the expenses of notarization, translation and extraterritorial service are relatively high, and the period is usually significantly longer than that of domestic cases; if the overseas parties are served by public announcement, it shall be deemed to be served within three months from the date of public announcement. Preparing all supporting evidence at once and initiating the case as early as possible are key to shortening the overall timeline.
  6. Confirmation of Intent to Divorce: In cases involving marital status, the parties are generally required to appear in court in person or provide specially authenticated evidence. Whether remote video conferencing or notarized statements may be used should be confirmed with the handling court prior to filing the case.

4. Recognition of foreign divorce judgments in China

A divorce judgment rendered by a foreign court does not automatically have res judicata effect in domestic proceedings. China adopts a “recognition” system for foreign divorce judgments: parties must apply to the competent intermediate people’s court for recognition. Ningbo has a precedent-Ningbo Intermediate People's Court (2018) Zhejiang 02 Association Foreign Recognition No. 5 Civil Ruling Ruling ruled to recognize the divorce judgment of the Wellington District Court of New Zealand; on the contrary, according to the Yuyao enforcement case reported by China's Ningbo Net in September 2014, One party claimed the ownership of the property with the divorce judgment of the Canadian court. Because it was not recognized by the Ningbo Intermediate People's Court, the part of the property division in the judgment was not recognized in the judgment. Two points need to be specially pointed out: first, China's recognition of foreign divorce judgments usually only covers the personal effect of dissolution of marriage relationship. Property division, child support and other contents in the judgment are not recognized of course, and relevant matters must be settled in domestic litigation separately; Second, the application for recognition should be completed before returning to China to handle matters such as household registration and remarriage registration, otherwise the marital status cannot be changed in China. The practical points of the application for recognition: to submit the application to the intermediate people's court of the respondent's domicile or habitual residence, it is necessary to submit the application, the original or certified copy of the foreign court's judgment and the Chinese translation, the proof that the judgment has entered into force and the identity materials of the parties concerned, and the materials formed abroad shall be notarized and certified or the certification procedures stipulated in the treaty in accordance with the procedures of the other country. The courts of our country only examine whether the foreign divorce judgment meets the conditions for recognition (the judgment has entered into force, does not violate the basic principles of our law and the public interest, does not conflict with the previous judgment, etc.), and does not examine the substantive content. After a divorce judgment is rendered by a domestic court, if the judgment needs to be used abroad (e.g., for household registration or marriage registration changes in Japan), it must also undergo notarization, authentication, and translation in accordance with the requirements of the foreign country.

5. Breakdown by nationality and place of marriage registration

  1. Both parties are Chinese citizens and registered their marriage in China.: If one party is abroad, divorce proceedings can be initiated in China (following the same procedure as above); for a divorce by mutual agreement, both parties must return to China.
  2. One party is a Chinese citizen, and the other is a foreign citizen; they register their marriage in China.: Divorce proceedings may also be initiated in Chinese courts; where the judgment involves a foreign national, service of process and enforcement must follow international procedures.
  3. Both parties or one party is a foreign national, and the marriage was registered abroad.: If both parties have been residing in China for a prolonged period, the case may be under the jurisdiction of a Chinese court in accordance with the relevant provisions of the Civil Procedure Law (the court of the party’s habitual residence); matters involving domestic property following divorce shall be handled separately.
  4. Already divorced by a foreign court: Before returning to China, first apply to a Chinese intermediate people’s court for recognition of the foreign divorce judgment, and then proceed with household registration and remarriage matters.

6. Common misconceptions and correct answers

  1. Misconception 1: You can authorize someone abroad to handle your domestic divorce by agreement on your behalf.For a divorce by agreement, both parties must appear in person; no proxy is allowed. If one party cannot return to China, they can only proceed with a divorce through litigation.
  2. Myth 2: In a divorce lawsuit, the parties involved never need to appear in court.In principle, litigation concerning marital status requires the parties to confirm their intention to divorce; most courts require the parties to appear in person or to confirm their position remotely via video conferencing. “Full authorization with complete anonymity” is not a practical option.
  3. Misconception 3: Domestic divorce judgments are automatically valid abroad. Chinese court judgments used abroad must be notarized and authenticated, and in some cases even subject to an application for recognition, in accordance with the requirements of the foreign country concerned; they cannot be assumed to be universally valid.
  4. Misconception Four: Foreign divorce judgments are directly valid in China.You must first apply to a domestic intermediate people’s court for recognition (typically only the personal relationship aspect is recognized); matters such as property division will still require separate litigation.

7. Operation Steps and Material List

  1. First, confirm the place of marriage registration and the household registration/usual residence of both parties; based on this, determine the divorce procedure and the competent court.
  2. If both parties can return to China together, they may apply for a divorce by agreement (with a mandatory cooling-off period and two required in-person appearances); if they cannot return together, they shall initiate divorce proceedings through litigation.
  3. Required documents: Notarized and authenticated power of attorney, passport and residence permit, marriage certificate (a copy may be submitted for verification), children’s birth certificates, proof of assets, and complaint.
  4. File a case with the competent court and proactively communicate with the court regarding remote participation arrangements and service of process.
  5. After the judgment takes effect, if it is to be used domestically, you must first apply for its recognition (for foreign judgments); if it is to be used abroad, you must have it notarized and authenticated.

8. Frequently Asked Questions

If you’re living abroad, can you grant full power of attorney to someone else to handle your divorce?

For a divorce by agreement, the parties must appear in person; for a divorce by litigation, one may appoint an agent (a lawyer or a close relative) to represent them, but the party concerned is usually still required to confirm their intention to divorce by attending court or via video conferencing, and the power of attorney must be notarized and authenticated.

Which is faster: filing for divorce abroad or filing upon returning to China?

Due to the involvement of foreign service of process and notarization/authentication, both procedures may take several months. If both parties agree to divorce and can arrange to return to their home country, a divorce by mutual agreement is the quickest option (approximately one month); if returning home is not possible, filing for divorce through litigation is the practical choice, though the duration will depend on the method of service of process. It is advisable to initiate the proceedings as soon as possible.

Is a divorce judgment issued by a foreign court recognized in China?

You must first apply to a competent intermediate people’s court in China for recognition of the foreign judgment. Once the judgment is recognized by order, the portion concerning the dissolution of the marriage shall take effect in China; matters such as property division and child custody typically require separate litigation.

How can a divorce judgment issued by a Chinese court be used abroad?

In accordance with the requirements of the country of use, the judgment shall be notarized and authenticated, and translated as necessary; where required, an application for recognition shall be filed with the courts of that country. Whether recognition is granted shall be determined by the laws of that country and any applicable bilateral judicial assistance agreements.

Will the Ningbo Intermediate People’s Court recognize divorce judgments rendered by foreign courts, such as those in Japan?

As for the part of the personal relationship of dissolution of marriage in the judgment, as long as the judgment has taken effect and does not violate the basic principles of law and public interests of our country, the court of our country can generally decide to recognize it without taking the reciprocal relationship between the two countries as the premise; the contents of property division and child support are usually not within the scope of recognition and need to be settled in domestic litigation separately.

9. Practical Insights from a Lawyer

If you’re abroad and want to get divorced, you first need to understand a crucial distinction: for an amicable divorce, both spouses must return to China together and handle the process in person at the marriage registration authority; you cannot authorize someone else to do it on your behalf. If one party cannot return, this option is essentially impossible. The most practical option is usually divorce litigation—either the party residing in China files a lawsuit in the court of their domicile, or, conversely, the court of the defendant’s domicile in China has jurisdiction. The party does not need to return to China; they may appoint a domestic representative to participate on their behalf and, if necessary, attend court hearings and mediation sessions via remote video conferencing or other means. First, choose the correct path; only then can we discuss the steps.

When pursuing the litigation route, the focus lies on two key areas: authorization and evidence. If documents such as the power of attorney, identity proofs, and marriage certificates were issued overseas, they generally need to be notarized and undergo the relevant authentication or certification procedures before they can be used in China. Completing these steps alone can take a considerable amount of time, so be sure to start the process well in advance. Regarding evidence, prepare the marriage certificate, leads on jointly owned property, and facts relevant to child custody according to the checklist, and hand them over to your domestic attorney for follow-up. Your primary responsibility is to cooperate by providing any additional information and confirming details, so that time differences and communication delays do not slow down the process.

There is also a situation where one has already completed the divorce proceedings abroad, only to return home and find that matters such as property, remarriage, and household registration cannot be processed. This is usually because the foreign judgment has not yet been recognized domestically; generally, one must first apply to a competent domestic court for recognition before being able to proceed with related matters based on that judgment. Service of process and procedural timelines in international divorce cases are generally longer than in ordinary divorce cases. In practice, patience is required, and it is advisable to work with your attorney in advance to establish a clear timeline. The overarching principle is: first determine the path, then prepare the materials, and initiate the procedures—wherever the people are poses no obstacle.

The most realistic way for Ningbo people to handle divorce in foreign countries is usually litigation divorce: entrusting domestic agents to participate in key procedures in a remote way, and in most cases, there is no need to return to China; for divorce by agreement, both parties must return to China together and go through a cooling-off period. For individuals located outside the country, the first step is to prepare the power of attorney and identity‑ and marriage‑related documents in accordance with the notarization and authentication requirements; the second step is to determine the competent court and file the case as soon as possible; and the third step is to proactively confirm with the court the procedures for remote participation. If you have obtained a divorce judgment in a foreign country, before returning to China to handle household registration, remarriage, or property matters, you must first apply to the Ningbo Intermediate People’s Court or another competent intermediate court for recognition of the judgment. Similarly, if a domestic judgment is to be used abroad, you should simultaneously arrange for notarization and authentication to avoid being unable to use it in either jurisdiction.