How to Deal with the Divorce and Property of Ningbo Residents and Hong Kong, Macao and Taiwan Spouses- Zhiheng Law Firm

Ningbo is a city with vibrant economic and trade ties with Taiwan and a large community of overseas Chinese from Hong Kong, Macao, and Taiwan. When residents of Ningbo marry or divorce individuals from Hong Kong, Macao, or Taiwan, the applicable rules differ from those governing ordinary mainland Chinese marriages. Let me state the conclusion clearly first:Marriage must be handled by the provincial civil affairs department or its designated agency where the permanent residence of mainland residents is located. Hong Kong, Macao and Taiwan must submit a declaration of no spouse notarized by the local notary agency; when divorce, only the marriage registration is handled in the mainland. Agreement on divorce, otherwise only litigation; divorce judgments and divorce certificates of Hong Kong, Macao and Taiwan courts must be "approved" by the mainland courts before they can take effect in the mainland.

Property should be "seen from both ends":"No departure" applies to the law of the place of court (mainland law applies to prosecution in the mainland); "How to divide" depends first on whether the two parties have agreed in writing to choose the law, and if there is no agreement to determine the applicable law according to the common habitual residence and the common country of nationality.In practice, what really determines success or failure is often not more money and less money, but "according to which law"-the same house, the same deposit, according to the mainland law is the joint property of husband and wife, according to Taiwan's separate property system or Japan's personal property system, but it may be the personal property of one party. The following combined with the mainland court trial of foreign-related, Taiwan-related real (pseudonym) cases, the procedures and entities at a time to explain.

Marriage between 1. and Hong Kong, Macao and Taiwan spouses: registration authority, materials and notarization

1. The level of organs is "provincial" and cannot be chosen nearby.Article 2, paragraph 2, of the regulations on Marriage Registration (revised version of decree No. 804 of the State Council, which came into force on May 10, 2025) stipulates that the organs for marriage registration between Chinese citizens and foreigners, mainland residents and Hong Kong residents, Macao residents, Taiwan residents and overseas Chinese are the civil affairs departments of the people's governments of provinces, autonomous regions and municipalities directly under the Central Government or their designated organs; Article 7, paragraph 2, requires both parties to apply in person to the organ in person. Although the new regulations implement “nationwide processing” for cases where both parties are residents of mainland China and no longer require a household registration book, nevertheless…The registration of marriages involving Hong Kong, Macao and Taiwan is not applicable to the "national general office" of the self-selected authority"In Ningbo, the handling authority is the marriage registration office of Ningbo Civil Affairs Bureau (foreign-related marriage).

2. Materials.Mainland residents issue a resident ID card, and a signed statement that they have no spouse, no direct blood relationship with the other party, and collateral blood relationship within three generations; Hong Kong, Macao and Taiwan residents issue their valid pass or Hong Kong, Macao and Taiwan resident residence permit, ID card, and the residence The above statement notarized by the notary agency (Article 8, paragraph 2)-Hong Kong is notarized by a notary, Macau is notarized by a Macau notary agency, and Taiwan notary agency.

3. Three "pits" that are easy to step on ".First, if the content of the statement is inconsistent with the online verification of the national marriage information database, the marriage registration certificate, the effective document of the court or the death certificate of the spouse shall be submitted; second, the formation or use of foreign language documents outside Hong Kong, Macao and Taiwan shall be notarized and certified with a Chinese translation, otherwise it shall be deemed not to have been submitted; third, the parties shall be responsible for the authenticity of the materials, and those who issue false materials shall be recorded in the credit records (Article 23). Registration is free of charge, and applications with complete materials are processed and concluded on the spot.

How 2. Divorce in the Mainland: Threshold and Jurisdiction of Divorce by Agreement

1. The premise of divorce by agreement is that "marriage registration is done in the mainland".Article 13 of the Marriage Registration Ordinance stipulates that if a mainland resident and a Hong Kong resident, a Macao resident, a Taiwan resident or an overseas Chinese divorce voluntarily in mainland China, the two parties shall sign a written divorce agreement and apply jointly in person to the organs specified in paragraph 2 of Article 2;Article 14, paragraph 3, explicitly stipulates that if the marriage registration is not processed in mainland China, the registration authority shall not accept the application.In other words, if a marriage is registered in Hong Kong, Macao or Taiwan, the mainland civil affairs department will not accept the divorce by agreement, but can only sue or go back to the original place of registration. Regarding documentation, Mainland residents shall present their ID card and marriage certificate; residents of Hong Kong, Macao, and Taiwan shall additionally provide their travel permit (or residence permit) and ID card (Article 15). Procedurally, the cooling-off period for divorce under Article 1077 of the Civil Code applies: either party may withdraw it within 30 days from the date of receipt of the application, and both parties shall be present in person to apply for a divorce certificate within 30 days after the expiration of the period, which shall be deemed to be withdrawn.

2. Divorce proceedings: Hong Kong, Macao and Taiwan "reference" foreign affairs.Article 549 of the Interpretation of the Supreme People's Court on the Application of the the People's Republic of China Civil Procedure Law stipulates that the people's courts may refer to the special provisions on the application of foreign-related civil procedures when trying civil litigation cases involving Hong Kong, Macao Special Administrative Regions and Taiwan. In terms of jurisdiction: generally, “plaintiff sues defendant,” and jurisdiction lies with the people’s court at the defendant’s domicile or habitual residence (Article 22 of the Civil Procedure Law);The jurisdiction of the court of the place of domicile or habitual residence of the plaintiff in connection with a claim against a person who does not reside in the the People's Republic of China area (art. 23)This is very important for the spouse who lives in Hong Kong, Macao and Taiwan all the year round. One party is in the mainland and the other is in Hong Kong, Macao and Taiwan. The court of the domicile of the mainland party usually has jurisdiction. If the Hong Kong, Macao and Taiwan side has filed a lawsuit, the mainland can still accept it, forming an "inter regional parallel lawsuit".

3. Service and evidence.Hong Kong, Macao and Taiwan can go through the inter-regional entrusted service arrangement, and Taiwan will follow the "Agreement on Joint Combating Crimes and Mutual Legal Assistance between the Two Sides of the Taiwan Strait"; The identity documents formed outside the territory are usually notarized and certified with a Chinese translation. If the defendant's whereabouts are unknown, it will also be served by public announcement. In practice, priority should be given to the court in mainland China where the defendant has a valid address for service of process.

The 3. first chooses the law, then characterizes: the property rules revealed in the Xia and Sun cases.

1. The three groups of norms first set "according to which law to do".Article 27 of the Law on the Application of Law on Foreign-related Civil Relations: Divorce proceedings shall be governed by the law of the place of court (the law of the mainland shall apply to the law of the mainland when filing a lawsuit in the mainland). Article 24: In the property relationship between husband and wife, the parties may agree to choose to apply the law of one party's habitual residence, the law of the country of nationality or the law of the place where the main property is located; if there is no choice, the law of the common habitual residence shall apply; if there is no common habitual residence, the law of the common country of nationality shall apply. Article 31: For statutory succession, the law of the deceased’s habitual residence at the time of death shall apply; however, for statutory succession involving immovable property, the law of the place where the immovable property is located shall apply. The above-mentioned rules shall apply by reference to cases involving Hong Kong, Macao and Taiwan. As for what is common property and what is personal property under mainland law, look at articles 1062 and 1063 of the Civil Code: in principle, marital income is common property, while premarital property is personal property.

2. Xia case (concerning Japan): movable property according to the "habitual residence law", Japanese law distinguishes between "individual" and "common".The heir lived in Japan for a long time, and the deposits, financial management, and yen in his name are movable property. The court applied Article 31 of the Law on the Application of Laws to Foreign-related Civil Relations, which provides that inheritance of movable property shall be governed by the law of the deceased’s habitual residence at the time of death, namely Japanese civil law. Article 762 of the Japanese Civil Law stipulates that pre-marital property or property acquired in one's own name during marriage is unique to the individual; if the ownership is unknown, it is presumed to be shared by the husband and wife. Accordingly, the Japanese yen and RMB remitted into the spouse’s account by the wife’s mother were recognized as the wife’s personal property, while the remaining portion, whose ownership was “unclear,” was treated as marital joint property. Ultimately, the original distribution outcome was upheld. (Case source: case of adaptation of public adjudication documents, pseudonym)

3. Sun case (Taiwan-related): Taiwan's "separate property system" to the property as personal property, creditors can also be subrogation property.The Taiwanese couple registered for the "separate property system" in Taiwan in 1983. Taiwan's civil law stipulates that under the separate property system, the husband and wife each retain the ownership and management of their property. The disputed Shanghai property is registered in the name of the wife, who is a Taiwanese national. The court determined that, pursuant to Taiwan law (both parties are Taiwanese nationals, there was no agreement on the applicable law, and their common domicile is in Taiwan), the property constitutes the wife’s separate personal property rather than marital joint property. However, the inheritance of the property is governed by the law of the place where the real estate is located—namely, mainland Chinese law—and shall be divided equally among the three heirs, each receiving one-third. What is more noteworthy is the creditor's subrogation: the husband's creditor in Taiwan, holding the Taiwan judgment approved by the mainland court (the approved ruling number is (2016) Shanghai recognition no 3), filed a subrogation lawsuit because he could not execute the property, requesting to divide the property registered in the deceased wife's name, and the court supported him to obtain the 1/3 share of the husband's inheritance income. The court also determined that the husband had previously declared in Taiwan his waiver of inheritance, but subsequently participated in the inheritance proceedings on the mainland and submitted a “Declaration by Heirs.” His act of waiver rendered the debts unenforceable, and thus the waiver was deemed invalid. (Case source: case of adaptation of public adjudication documents, pseudonym)

4. Overseas Registration Time and Hidden Property: Two Most Neglected Dispute Points

1. The time of marriage is subject to "registration" and directly determines the scope of common property.In a divorce case involving the United States (pseudonym Zhang Anan and his American wife), the two parties began to live together in 2000, registered their marriage in the United States in 2005, and registered their marriage in the mainland in 2010. The husband contends that the marital property should be calculated only from the date of registration on the mainland in 2010. The court held that after February 1, 1994, China no longer recognized de facto marriage, and cohabitation in 2000 did not constitute marriage. Marriage registration in the United States in 2005 is a valid marriage document after notarization and certification as long as it conforms to local laws and does not violate China's mandatory regulations and public order and good customs,Marriage should start in 2005, not 2010. As soon as the time of marriage is moved, the division of property before and after marriage and the scope of common property change. (Case source: public case analysis, pseudonym)

2. anonymous shareholding, holding property: divorce cases are usually "divided".In the above-mentioned case, the man claimed to be "no house, no car, no money". He was actually the chairman of the two companies and purchased many properties in the name of others. The key judicial principle is: In divorce cases, with respect to real estate or equity registered in the name of a third party, the court generallyIt will not be treated directly as the joint property of the husband and wife.; If the spouse claims, the corresponding rights and interests can only be claimed if a separate case is filed to "confirm the qualification of shareholders" or to prove that there is a consensual and actual capital contribution. In the first-instance proceedings, only the property owned by both parties was addressed. The court ruled to grant the divorce, awarded custody of the three children to the wife, ordered the husband to pay child support of RMB 100,000 per child per year, to pay the wife a lump-sum compensation of RMB 12 million for the division of marital assets, and to pay RMB 50,000 in damages for emotional distress. Additionally, the court issued the first-ever personal protection order in the local jurisdiction. This also serves as a reminder that Article 1,092 of the Civil Code provides for a reduced or zero share in the division of joint property for those who conceal, transfer, or sell it; moreover, if such conduct is discovered after the divorce, the aggrieved party may file a separate lawsuit to seek a re‑division of the assets. (Case source: Public case analysis, pseudonym)

3. Overseas registration ≠ Mainland is of course valid.In a case in which cousins registered their marriage in the United States (pseudonym Huang Siji case), the court, in accordance with Article 21 of the Law on the Application of Law on Foreign-related Civil Relations, applied the law of the country of common nationality, that is, the Chinese law, when the two parties had no common habitual residence. Article 22 stipulates that the marriage formalities conform to the law of the place of conclusion, but the marriage conditions shall be governed by Chinese law. As the parties are collateral relatives within three degrees of kinship, their U.S. marriage violates China’s statutory prohibitions on marriage and contravenes public order and good morals; therefore, it is invalid in China, and the female party may not inherit as a spouse. (Case source: Adapted from publicly available court judgments, pseudonyms used) As can be seen, obtaining a certificate abroad does not automatically mean it will be recognized in the Mainland; its validity ultimately still hinges on compliance with the Mainland’s mandatory legal provisions.

Recognition of 5. Hong Kong, Macao and Taiwan Judgments in the Mainland and Cross-border Property Enforcement

1. Hong Kong: Mutual recognition of marriage and family judgments has been normalized.The Arrangement of the Supreme People's Court on the Mutual Recognition and Enforcement of Civil Judgments in Marriage and Family Cases by the Courts of the Mainland and the Hong Kong Special Administrative Region (Fa Shi [2022] No. 4) will take effect in both places at the same time from February 15, 2022, bringing 14 categories of civil judgments in the Mainland and 12 categories of marriage and family cases in Hong Kong into mutual recognition, covering divorce, property division, custody, guardianship, visitation, etc; the divorce certificate issued by the mainland civil affairs department and the memorandum of agreement on dissolution of marriage in Hong Kong shall apply by reference. To apply in the Mainland, to the intermediate people's court of the place of domicile, habitual residence or property of the applicant or respondent,Ningbo residents immediately filed with the Ningbo Intermediate People's Court.。

2. Taiwan region: in accordance with the provisions on the recognition and enforcement of civil judgments of the courts of the Taiwan region.This provision (Fa Shi [2015] No. 13) was amended on October 29, 2024 and will come into force on January 1, 2025. The documents that can be applied for recognition include effective civil judgments, rulings, reconciliation transcripts, mediation transcripts, etc.; Accepted by the intermediate people's court or special court in the place where the applicant or respondent has his or her domicile, habitual residence, or property. Recognition shall not be granted in cases where a party was absent without having been duly summoned, where the judgment was obtained by fraudulent means, or where the Mainland has already rendered a judgment on the same dispute.Those who violate the one-China principle and other basic principles of national laws or damage national sovereignty, security, or social and public interests shall not be recognized.Upon recognition, it shall have the same effect as a judgment rendered in the Mainland. (In the Sun case, the creditor was only able to proceed with subsequent enforcement after first obtaining recognition of the Taiwanese judgment.)

3. Macau: under the 2006 Arrangement on Mutual Recognition and Enforcement of Judgments in Civil and Commercial Matters.The "Arrangement between the Mainland and the Macao Special Administrative Region on Mutual Recognition and Enforcement of Civil and Commercial Judgments" came into effect on April 1, 2006. Civil and commercial judgments (including judgments on payment content) can be mutually recognized and enforced, and the part of property payment related to marriage and family will be handled here.

01| Mainland Courts with Jurisdiction |

4. Judgment can be executed: discount compensation is the most realistic way out.Whether property judgments involving Hong Kong, Macao and Taiwan can be enforced in the Mainland depends on whether they are "recognized". Assets actually located in Hong Kong, Macao, and Taiwan require local procedures for transfer of ownership and liquidation, which are time-consuming and subject to significant uncertainties; the most pragmatic approach is "Overseas property belongs to one party and its domestic discount compensation", replace "overseas transfer" with "domestic money payment", apply for property preservation, restrict exit and put pressure on the dishonest list in the mainland at the same time. Extraterritorial evidence must also be notarized and accompanied by a Chinese translation, otherwise the court may not process it for the time being because it is unable to verify ownership.

6. Frequently Asked Questions

If we register our marriage in Hong Kong, can we go back to the Mainland Civil Affairs Bureau to agree a divorce?

No. Article 14, paragraph 3, of the regulations on Marriage Registration stipulates that if marriage registration is not handled in mainland China, the registration authority shall not accept divorce registration. Therefore, on the mainland, the only options are divorce through litigation or returning to Hong Kong to handle the matter. It should be reminded that even if a lawsuit is filed in the Mainland, the failure of a Hong Kong party to court will not affect the trial and judgment of the Mainland court in accordance with the law.

If the spouse is a resident of Taiwan or Macao and the local court has given a divorce, will the mainland accept it?

It will not take effect automatically; it must go through the “approval” process. Taiwan judgments apply to the mainland intermediate people's courts for recognition in accordance with the provisions of the Supreme people's Court on the recognition and enforcement of civil judgments of Taiwan courts (in violation of the one-China principle, it will not be recognized); Macao judgments are handled in accordance with the arrangements between the mainland and the Macao Special Administrative region on mutual recognition and enforcement of civil and commercial judgments. Upon recognition, it shall have the same effect as a judgment rendered in the Mainland.

The "personal property" is counted as overseas according to the local law. Do you want to divide the divorce in the mainland?

The key lies in “selecting the legal characterization.” If both parties have a written agreement on the election law, the agreement shall be followed. If there is no agreement, first look at whether there is a common habitual residence-if living together in the mainland for a long time, the property relationship between husband and wife is mostly governed by mainland law, and the marital income may still be recognized as common property; If you live together in Taiwan for a long time and have a separate property system, it may be recognized as personal property according to Taiwan law (such as Sun case). The conclusion of the same property will vary depending on "where the focus of life is", and it is important to retain evidence of residence, business, and taxation.

7. Practical Insights from a Lawyer

After receiving this kind of consultation, I will ask the parties to take out the marriage certificate first, and see whether the registration authority is in the mainland or Hong Kong, Macao and Taiwan -- this page basically determines whether divorce by agreement can be carried out in the mainland or only litigation can be carried out. Many people think that living in Ningbo for many years will of course follow the mainland rules. In fact, "inseparable" and "how to divide" should be viewed separately, and the applicable paths may not be the same. At the same time, it is necessary to find out as soon as possible whether the two parties have agreed in writing to which law applies. In the things that were signed when holding weddings, buying insurance and signing family agreements, there may be hidden law selection clauses. Once found, the qualitative thinking behind will be completely different.

Cross-border cases are most afraid of property scattered in two places. The first step is to simultaneously sort out the real estate, equity, deposits, insurance policies and company interests in the mainland and abroad, and make a list of the two places, indicating the time of acquisition and the source of funds item by item. Where anonymous property registered in the name of the other party, or hanging in the name of relatives and friends, to take advantage of the current access to the information when the first fixed ownership clues, such as capital contributions, holding agreements, annual dividend records. Documents formed outside the country usually have to be notarized, authenticated or transmitted. It is best to start before the relationship deteriorates, and wait for the other party to pull the black and withdraw the information to make up for it. The time and cost will increase significantly.

Strategically, you should also decide in advance which side will be the main battlefield. If the main property is in the mainland, we should try our best to sue in the mainland to avoid the deadlock that one side is sentenced but the other side is not recognized. When negotiating, it is necessary to find out what the other party really cares about, whether it cares about the face of the two places, whether it is reluctant to give up its children, or whether it is afraid that the assets of a certain place will be investigated. It is more effective to open conditions for weaknesses than to talk about the proportion in general. It also reminds the parties not to be blindly optimistic or overly panic just because they have "crossed the border". First, clarify the rules and timetables of the two places, and then decide whether to talk or sue.

Remember these three things: The marriage registration recognizes "provincial authorities", the way of divorce depends on "where the marriage registration is done", and the judgment of Hong Kong, Macao and Taiwan should be "recognized" first and then implemented. On the property, there are two main lines-the identity relationship applies to the law of the court, and the property relationship depends on whether there is a written agreement on the election law, and then the individual or the common; the domestic property wins in "finding out clearly and executing", and the realistic way out for overseas property is discount compensation and preservation pressure.

The order of actions given to the parties in Ningbo: The first step is to verify the place of marriage registration and decide whether they can divorce by agreement; the second step is to prepare the notarized statement of Hong Kong, Macao and Taiwan, the certificate of no spouse and other materials in advance, and leave enough time for translation; the third step is to make a written property agreement or asset list stating the ownership at home and abroad before divorce, and keep the purchase contract, payment certificate, bank flow and insurance policy; the fourth step, involving the approval of the judgment, apply to the Ningbo Intermediate People's Court as soon as possible, and do not wait for the property to be disposed. The risk of cross-border marriage is often not "undivided", but "qualitative errors, unclear investigation, delay and immobility"-the real way to save money is to make the evidence and procedures real in advance.