| EXPAT LEGAL
Divorce in China
Executive Summary
Expat & Mixed Marriages
Divorce, custody and asset division in China are complex topics, but getting up to speed doesn't have to be overwhelming.
Our unique family law team is headed by Flora Huang.
For over a decade, Flora has been China's most trusted international divorce lawyer.
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1
Can we get divorced in China?
Most couples with a connection to China can get divorced in China. This includes expats currently living in China, mixed marriages (where one spouse is Chinese and the other not), and people who were married in China but are now living abroad.
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2
How long does it take?
When both spouses agree, the divorce process in China can proceed relatively quickly, with the divorce decree being issued in 1-3 months of the case being filed with the court.
In situations where there is no agreement, either to divorce or on how to settle related matters (including division of joint assets or child custody), the process can take considerably longer.
3
What is divorce by agreement?
If both spouses agree to divorce and agree on a settlement (division of assets, child custody, etc.), the Chinese legal system offers the possibility to handle the divorce by mediation. This means a Chinese court will certify the agreement and issue the divorce without becoming involved in how you decide to divide your assets or raise your children.
4
What is divorce by litigation?
When both spouses find it impossible to come to an agreement, usually after a considerable period of negotiation, there may be no alternative but to have the court decide how assets will be divided and how child custody arrangements will be worked out. Generally speaking, divorce by litigation is the last resort after serious negotiations have failed to produce an agreement.
5
How are assets divided?
In most situations, divorcing spouses are free to divide their assets in any manner they see fit. If you can both come to an agreement, then the Chinese courts will not interfere with it.
When no agreement is possible, the court would then look to divide assets between the spouses according to Chinese law. In general, this means each spouse receives half, but this can vary for a number of reasons. Determining your financial entitlement is a complex matter which requires careful review. You are encouraged to contact us for a detailed consultation.
6
How is child custody determined?
Divorcing spouses are free to decide the child custody arrangements for their children. This means custody, visitation and child support (maintenance) can all be decided without the interference of the court.
When agreement is not possible, the Chinese court will determine child custody and vitiation according to Chinese law in the best interest of the child. The court will often seek to maintain a stable living situation for child and that may mean primary custody is given to the parent currently providing day-to-day care. Determining child custody is a complex undertaking meaning you should contact us for a detailed analysis of your situation.
7
Is a Chinese divorce recognized abroad?
Yes, a divorce obtained in China is valid and recognized worldwide, including in North America, Europe and Australia.
Some countries require registration of a foreign divorce, while many do not.
8
What are the first-steps to getting started?
You don't need any specific documents to contact us for initial advice. Simply complete the contact form or send us an email. After reviewing the details of your case, we'll let you know what additional information you need to provide. In general, you'll need ID, your marriage certificate and birth certificates of any children you have.
Contact Us
Summit Center, 2905-1088 Yan'an West Road, Shanghai, China
+86-181-2115-5305