Easy married, hard divorced in China (international marriage with Chinese women)

The world is flat, as depicted by the book so entitled. Cross-border marriages mushroom everywhere in the globe, including China, esp in big metropolis cities like Beijing, Shanghai, Shenzhen and Guangzhou.

There are many reasons why a foreigner will get married to a Chinese spouse (most often Chinese wives), and sometimes, they get married quickly or “flash marriage”. It is easy to get married in China. However, when it comes to divorce in China, foreigner spouse may find their better half difficult and unreasonable, but they will also find Chinese courts difficult and unreasonable when they end up in court room for a divorce.

Here is an example:  In 2007, an American guy met a Shanghai girl in a party and hit it off with her instantly (vice versus) and they started to live together next day. After a three-month glued life, they decided that they cannot part with each other. Marriage was the right choice for both. They registered their marriage in China. Immediately after marriage, the guy had to travel  between USA and China for work and unfortunately he didn’t work in the city where his wife lived. They still managed to live together sometimes when the guy was in China, stealing some time out of his busy schedule for his wife. Life started to lose luster. The American guy found himself tired of this not normal marriage life. What’s more, he now had an affair with his ex girlfriend in USA. In 2009, he opted to tell his wife that they cannot live this way and he wanted a divorce.  After multiple requests for divorce in 2009, the wife realized that she cannot keep him, and counter claimed an amount of compensation for the years she had spent for him. She gave him a figure of RMB half a million, which was beyond his means as he had not recovered from American financial crisis then.  Since then, they never slept together and lived separate life apart. They did meet to discuss their problem but their talk spun around how much money the guy should pay to his wife.

Then early 2013, the man didn’t want to wait indefinitely. He hired a  Shanghai lawyer to sue to divorce, believing his situation would well warrant a divorce under Chinese Marriage Law which prescribes that divorce may be granted if the two parties have lived apart for consecutive two years due to incompatibility. He had lived separately from his wife for more than three years, and they just needed to figure out an amount of compensation.

At the court hearing, the facts described above are proved and admitted by both parties. But when the judge asked the woman whether she would divorce her husband. She made a surprise show by saying she still loved him and she didn’t want to divorce, while previously admitting that she had requested half a million for divorce. The tactic was that she wanted to delay divorce against the man’s will.

With the facts said above, what would be the likely decision of a western court?

Here in Shanghai, the judge later delivered a judgment of denying the man’s claim to divorce his wife saying that their relationship was affected by the husband’s work, and was salvable as their marriage was based on love initially and if both parties can talk and communicate with each other, they will work out their problem. Bla.. bla…  nonsense.

—————

Chinese courts as part of Chinese society somehow uphold traditional Chinese values and cultures such as family value. They tend to give an ailing marriage a chance for them to try to solve their problems and return to normal marriage life. So you will find that in many cases (if not majority) courts will not grant divorce in the first lawsuit, and will be more willing to give OK to the couple when they sue again after six months (six months is the minimum waiting period for a couple to sue to divorce again).

Jason Tian

Jason Tian, specializes in foreign-related legal services ranging from foreign investment in China, banking and capital, real estate, M&A, corporate, international trade, estate planning, inheritance and divorce at his blog: http://www.sinoblawg.com.

64 Comments

  1. Sofia   •  

    Hello sir,
    My name is Sofia. Want to ask you a question about Chinese family visa (Q2). My husband is Chinese from Shanxi province and we have being married about 10 years , but now we wanna get a divorce. I have a question about my visa , which is valid till 2019. Usually after divorce Chinese family visa will be cancelled? Or I still can use it? I can’t find any information about such situation and hope u can help. If I will have Q2 visa in my passport after divorce and go back to my country for a few months , after I want to come to China again with same visa will I have any problem with custom (can they find out I’m divorced already and won’t let me in to China)? Hope you can help me .
    With kind regards ,
    Sofia

    • Jason Tian   •     Author

      Sofia, i would say there won’t be any problem so long as the visa is still on your passport. Strictly speaking, it is no longer valid but law on the books is different from the law in practice. Good luck!

  2. Bradly   •  

    Hello Jason.

    Wonderful blog!

    I am back in my home country of Canada now after having a horrible Spring Festival with my wife in China. Things weren’t working out after several years of trying, yet I didn’t have the time before leaving for Canada to go to Harbin with her to file for a divorce. I thought that we would continue to talk about the situation when I was back in Canada in efforts to work things out. The other day I received divorce dispute papers (all in Chinese, not English) from a lawyer in China. I cannot return to China in the near future to get a divorce with her. I do understand that after 2 years of my last leaving China she will be able to get a divorce without me. I doubt that she’d even be able to marry again within that 2 year period of time. Understand that even though my marriage is valid in Canada, I never took the appropriate steps to register my marriage in Canada. What would you suggest that I do and as I don’t trust her anymore, is there anyway that she can cause me further grief? Thanks in advance for your response.

    • Jason Tian   •     Author

      Bradly, if you wish to divorce her, then just authorize an attorney to represent you in court proceeding in China. Is there any serious dispute with your wife regarding property and child custody?

      • Bradly   •  

        Hi Jason, no there is no serious dispute with my wife regarding property/child custody.

        I don’t have the money to pay for a lawyer in China who can represent me in a court over there.

        My wife basically wiped me dry.

        Since I won’t be showing up at the court hearing in China is there anything she can do to me as I’m in Canada now?

        Once again, understanding that I have never registered the marriage here in Canada and she can get a divorce on her own come 2 years after I left China last…

  3. Casey   •  

    Thanks for all the clear advice. I have a friend who married a chinese girl (Fujian province) in 2001. (Arranged by his grandmother who was from there) Because he was still an Indonesian Citizen living in the US, it required 4 years before he was able to sponsor her to join him in the US. By then she had a boyfriend and wasn’t interested in joining him. Instead she took the Chinese passport he had just paid for, and moved to Argentina where she and her Chinese “husband” (marital status?) had a daughter of their own. 2 years later my friend married a girl in Indonesia, (2007) sponsored her to come to the US, and now has 2 children of their own.

    Looking back, he now realizes he should have got a divorce. But the question is how can he do so now? He never slept with his wife from China, and she rejected him. Neither of them have lived in China for many years and they are world’s apart from each other. He still has the Chinese marriage certificate. Can he obtain a legal divorce in the US, (either from the local US government, or from the Chinese consulate here in the US) without returning to China where he might face anti-bigame penalties?

  4. Reza   •  

    Ni Hao Mr Tian,

    I would like you ask for your assistance in helping my wife (Chinese) and myself (Canadian) relocate back to Shanghai. We were married in Auckland New Zealand and have the marriage certificate there. I understand to be married in China I need to provide document proving I’m single? But we are already married? Is there an alternative to this so we can also have a proper registry in China as we plan to live to there for the long term.
    If this is something that is possible we may use you services for it please let us know.
    (PS: I currently hold a business visa for 6 years to China but we to understand what visa I should properly enter with as well.)

    Many thanks for your wisdom in advance.

    Reza

    • Jason Tian   •     Author

      Reza, it is not something i can help much with. Best policy is to get your Chinese wife to talk to local civil department about this. When your wife inquires, make sure she doesn’t disclose her own Identity or just pretend she is inquiring on behalf of others. My understanding is that you don’t have to register your marriage again here in China as you are legally married already.

      For more information, you can refer to this web article, which is quite reliable: http://m.yorkbbs.ca/news/local/1717308.html

  5. Douglas Wolf   •  

    Hello Mr. Tian,

    This website seems very informative and hope you can help. My name is Doug. I plan to marry a Beijing girl this Spring Festival. We met here in Ohio and she stays here during her vacations and I go there for mine to study. We have dated for 2 years now, I live here in Ohio and stayed with her about 2-3 months last winter. I will stay with her in Beijing again this Spring Festival until April. I have never been married and I am concerned about all my assets that I had before the marriage. I own my home completely and I also own a ice cream store. I wonder if she ever decided to divorce me can she get any of my properties or other assets such as cars and other things??

    Hope you can advise me.

    Thank you,
    Doug

  6. Douglas Wolf   •  

    Hello Mr. Tian,t 2-3 months every winter.

    This website seems very informative and hope you can help. My name is Doug. I plan to marry a Beijing girl this Spring Festival. We have dated for 2 years now, I live here and stay with her about last 2 winters. have never been married and I am concerned about all my assets that I had before the marriage. I own my home completely and I also own a ice cream store. I wonder if she ever decided to divorce me can she get any of my properties or other assets such as cars and other things??

    Hope you can advise me.

    Thank you,
    Doug

    • Jason Tian   •     Author

      sorry, i have not been able to respond. Home bought by you before marriage will always be yours but the profits arising from your ice cream business will be shared by her equally upon divorce.

  7. Joseph   •  

    Hello Mr. Tian

    I hold a EU passport and married to a Chinese woman in Shanghai under Chinese and my country’s law.

    We have a son, 2 years old, with European passport, and both my wife and son are living in Shanghai. For job reasons, my company just sent me to Europe to work and my wife does not want to come with me, which I disagree. She does not have a job since few years years ago and only reason for her to say in Shanghai is because she likes it and has family there.

    We want to file a divorce. Now 2 questions:

    1) Custody – i understand i have 0 chances to keep the custody of my son and bring him back to Europe, since China will protect my wife, who is Chinese. But I would like to see him often. If we sign a divorce agreement in China and she doesnt let me see him after, is this agreement enforceable in China? ie will I be able to see my son with the help of the authorities? Do i have rights in China to see my son?
    2) Money – If we agree on a monthly payment, can she ask for more (ie 2/3rds of my salary?) even though this amount is few times the amount needed to pay school fees etc? I’m afraid she will ask me a lot of money, since he knows my compensation.

    Many thanks.
    J.

    • Jason Tian   •     Author

      Hi Joseph, I think you are right on the custody issue, as the child is too young to leave his mother and you don’t really have better caring than his mother, though you are bread-earner of the family. For money, you simply pay half (maybe a bit more than half) whatever you have at the time of divorce to her, no alimony for her in China, but you need to pay support to your son based on his actual needs. So you don’t have to give 2 thirds of your salary.

  8. Damion   •  

    Hi Jason, I was married in Shanghai in 2013 , in 2015 we separated and my wife went to Australia while I stayed in Shanghai for work. She has managed to get Australian PR and now I feel after nearly 2 years apart we should get a divorce. I have mentioned the idea and she just says to stay married and for me to “enjoy my life”. What should I do?

    • Jason Tian   •     Author

      Simple, go to court in Shanghai to get your divorce with the help of the court.

  9. China   •  

    Hi Mr tian.

    I have an ex boyfriend that inflicted sosevere mental distress that is affecting my ability to function as I used to. He is an expat in shanghai. And of UK citizenship. I am a resident of Hong Kong. I want to sue him for personal injury. . Do I bring this case to shanghai of hongkon. My medical documents span from hk, shanghai and USA.
    Your advice is deeply appreciated.

    Thank you for your time

    • Jason Tian   •     Author

      Hi there, if you sue for personal injury, don’t do it in China, as China has a very poor record in granting good compensation to injured party, and you will be disappointed for sure. So talk to a lawyer outside of China in HK, UK or USA.

  10. Wong Kwan   •  

    Dear Sir,
    I am a Hong Kong citzen and married a chinese wife 3 years ago in China. After the first year of marriage, we have a lot of argument. One year ago, my wife deserted me and I cannot trace her in China. Now I want divorce. What is the procedure ? Whether I diovrce in Hong Kong or China ? I cannot find my wife to serve the divorce documents. What can I do ?

    • Jason Tian   •     Author

      Hi Wong, if you got married in the mainland, you’d better divorce her in the mainland also so long as she still has the citizenship of the mainland. in the worst case, you can file the divorce in her hukou area where her household registration was done.

  11. Warren   •  

    Married for 12 years and now seeing an end to the marriage. A lot money and house is in Shanghai, and I now live in UAE. In this situation the wife has all the assets/money. Also we have two kids attending school too.

    She has said no to a divorce. But if we split the house 50/50 then I have offered to support the children and her to a certain extent, not 50/50 though. Based on your blog, I can see myself losing, so is the only alternative a divorce in Australia where I can show the magistrate the assets that are with my wife. And from here I can at least start again!

  12. Mr. Smith   •  

    Hi Jason,

    It’s very good of you to give advice on these forums, so thank you in advance. Here’s my situation. I’m British, been married to a Chinese lady for 2 years. All through our relationship before we got married I made it clear I did not want children, we even split up once, then she told me she didn’t want to be without me so would give up having children. So i said let’s get married then.

    2 years later the relationship has been hell. Since the day we got married she has been miserable, didn’t want to do anything always horrible to me, because i wouldn’t have kids with her. A couple of months ago i couldn’t take anymore and moved out. I warned her months before that the situation was critical and i couldn’t live like this. Things just got worse. Anyway i moved out and have now asked her for divorce. She has said she will divorce me only if i pay her money half of 2 years of my salary.

    I feel i have been honest all through our marriage and in return got a life of misery. I don’t want to pay her anything. We have no joint assets, no kids obviously. We are both in Shanghai and got married in Shanghai. When we were together i paid the rent on our apartment, she paid the bills and food.The rent was considerably more than the bills etc

    Could you advise on my next step please.

    • Jason Tian   •     Author

      Hi Mr. Smith, understand your situation. You have no other choice but to sue to divorce unless you can talk her into divorce by agreement? I doubt it. Then get prepared to go to court to divorce.

      If you want to know more information about this, then let us meet up and talk.

  13. Mrs. Zhang   •  

    Hello Jason,

    I am American and I married a Shanghainese man in 2013. I only recently found out that he was married before and he has a ten year old son in China. I fear that I have been tricked. How can I find a record to see if he is actually divorced in China?

    Ms. Z

    • Jason Tian   •     Author

      That could be found out by looking into his Hukou books. You got married in USA? If he has divorced his Chinese wife, then he may run into criminal trouble of bigamy. Don’t understand why men cheat in this way.

      • Mrs. Zhang   •  

        How do I access those?

        • Jason Tian   •     Author

          Hire a lawyer to go to local police station to do the search.

          • Mrs. Zhang   •  

            Jason,

            Through friends in China, a Chinese policeman found that he was still married in China in 2014 but I need a lawyer for the rest of this process. How long would this take and are you available?

  14. andrew   •  

    hello;
    I am a Canadian citizen and married a Chinese lady in Zhanjiang in October 2013. The intention was for her to move to Canada. However her application for permanent residence was refused. Now I think the best thing is for us to divorce.If we can reach an agreement do I have to return to China to sign divorce papers or can I be represented by a lawyer?
    Thanks; Andrew.

    • Jason Tian   •     Author

      yes, if you come to agreement on the divorce, you can just come back to local civil affair department to register your divorce there. Otherwise, you will have to go through court proceeding to get divorced in which case you don’t have to come over but be represented by a lawyer here.

  15. juvy gaskill   •  

    hi sir good day my husband is american were married for 3yrs. im a philipina and were living in my country he had a wife i just found out in china and they get married in china.he want to divorce here and shes willing too but we want to know how we can make this possible and what we need?thank you so much we hope you can help us.

    • Jason Tian   •     Author

      i cannot help your divorce in Phillipine.

    • Jason Tian   •     Author

      i don’t think there is much i can do here. if you want to divorce him, sue in your country. I heard that in your country, there is no divorce, right? also, your husband may have violated China bigamy law, and may be found guilty and thus be sentenced to imprisonment in China.

  16. Steve Gregg   •  

    Dear Jason Tian,

    I am a British Citizen, currently living in the UK. Through the internet, I met a lady from Shenzhen who I have proposed to and we intend to marry in Hong Kong on 29th September 2016. My fiancée was refused a UK visa to study in 2001 and therefore, has little interest in living in my country, unless she can study English here. We have just spent the last month on vacation in Europe – following her successful application for a Schengen Visa, but she considers the Europeans prejudicial. Last year, I bought property in Portugal to retire to, which my fiancée displayed interest in residing in with me, but having viewed it, she identified a number of issues that she says, prevent her residing there. We spent a week in Greece, which is the only country she has expressed interest in. My fiancée is currently looking for a home for us in the Shenzhen area and seeks a 500,000 RMB from me representing a 30% deposit on a villa in Huizhou. I had a near fatal heart attack in 2014, the deposit represents nearly 80% of my assets and would mean I change every aspect of my intended plans. I read some tales of woe here and I hear the Chinese Authorities favour their own citizens in divorce proceedings. Is a pre-nuptial agreement the only way I can protect myself against loss if the relationship were to end in divorce?
    If a divorce did occur, would Hong Kong divorce laws apply or Chinese, being our intended place of residence?

    Many thanks for your help.

    Yours sincerely,

    Steve

    • Jason Tian   •     Author

      Hi Steve, this is something you should be careful of. Given it is not possible for you to appear on the title deed (you may further check it out with local real estate authority), a pre-nuptial agreement may be the only way you can protect yourself. Also after the down payment, if you continue in paying off the mortgage loan, keep all evidences of your payment. Legally speaking, if you’d better to buy the property after getting married instead of buying before marriage, in which case you may be able to add your name on the title deed.

      • Steve Gregg   •  

        Hi Jason,

        After posting my question here, I discovered that a fairly recent change in law favours the Title Deed Holder of the property irrespective of gender or circumstances, in a divorce situation overseen by the Chinese Authorities. Your reply was absolutely correct, I cannot get my name on the Title Deed and your suggestions are the only alternatives of self-protection. Thank you your advice has proved most helpful.

  17. Melvin hindmarch   •  

    Hi Jason, I wish to divorce my chinese wife of 2 years. We married in china and she continued to live in china for one year after the marriage. I am British living in france. We jointly bought property together in france, I have lived in the property for 2 years and my wife for 10 months. She walked out in march this year after a row over her contact with many different divorced men on her Facebook, lieing over her financial issues (still jointly owns an apartment in China with her ex chinese husband) making demands for expensive diamond ring (then she will remove the men on FB)!! I have made her an offer for her to release her 50% equity on our joint property and divorce, she has agreed to this and I have seen the french notaire and a meeting is imminent. But she is one minute accepting then next minute refusing a divorce. She did send a letter to the notaire accepting divorce and a specific financial settlement. If she refuses to go to the notaire in france, she is in france still,(and thus refusing an amicable divorce) where do I stand? I think she is worried about 2 issues
    1) She brought over approx 40,000 euros to france in cash, against my written advice.
    2) Do you think she would be removed from france when the divorce is finalised?

    Thanks for any comments.

    • Jason Tian   •     Author

      Hi Melvin, where did you get married with your Chinese wife? You may have to sue her at the place where you registered your marriage or other place where you can prove she has been living there for more than a year till now. Have you ever written up some pre-nuptial agreement regarding property ownership with her?

      It is best you divorce her in China for (1) you married in China, and once divorce is done here, you are single all over the world; (2) China laws will not order husband to pay any alimony to divorced wife.

      Whether she will be removed from France is a matter of French laws and I am not in a position to comment much. But as matter of international practice, if her visa expires, she may have to come back to China.

      Let us communicate further on the matter through emails.

      • Melvin hindmarch   •  

        Hello Jason.
        Thanks for your reply.
        Married in Jiaxing
        No pre-nuptial although I did discuss this in length with my french notaire at the time who considered it not neccessary as we put equal monies into the joint property here in france…
        The notaire also said that any monies earned prior to the marriage is protected here in France.

        I have put considerable more of my monies into the property and have the receipts, together with 22 months hard work. She did not put further monies into the house. She promised in writing that she would sell one of her 2 apartments in china to help out here but that didn`t happen. It now appears that the ex chinese husband continues to own half of one of these apartments which she of course did not disclose to me..

        We purchased the property jointly in July 2014, she moved here to france, to the home April 2015 and moved out March this year, 2016. I have the address where she is staying in france.

        I have been registered disabled in France for a number of years and have had no income to speak of in the last 2 tax years.

        Please feel free to reply via email.

        Many thanks.

        • Jason Tian   •     Author

          Hi Melvin, Jiaxing, the city of Zhejiang province, close to Shanghai? In that case, I can help you through the divorce proceeding here. Many clients asked me about divorce in cities far away from Shanghai which often means that I am not in a good position to help them.

          Ok, if you are determined to end the marriage, then let us discuss some practical issues. I will send an email to you shortly.

      • Melvin hindmarch   •  

        She is also refusing to go to the notaire next week, although she did send a letter to the notaire accepting divorce and accepting a final financial settlement from me…

  18. mark   •  

    Hi My name is mark , from London UK . I got married in Dalian in 2011 I have been separated from my wife since 2012 we are living in London. I am a UK citizen, she now has UK citizenship.
    Can I get divorced without returning to Dalian? She would also like to divorce me, I don’t want to have to return to China?

  19. Maria   •  

    Mr.Tian, ni hao,
    In 2014 married in HKG: me German,widow,67 my husband chinese( PRC),58,divorced,1 son 28, student. We got to know already in 1998, he speeks perfect german, I am TCM doctor, with some China experience.After failure of living together in Germany because of a lot of “small and big problems” he now prefers to stay in China. Before thinking and starting for a divorce – he actually refuses- my question:
    is it possible in China ( as in Germany) to
    create a contract on friendly terms, certified by Notary?
    1. to arrange separate of property,dispense of maintenance during marital status and in case of divorce
    2.to agree upon waive of providing, each other
    3.to agree upon wave of inheritance each other ( is legitimate portion irrevocable?)
    I will be in Shanghai soon for some days.
    Thank you very much for answering. M.

    • Jason Tian   •     Author

      Hi Maria, i don’t think China notary public will be helping with notarizing the said contract with friendly terms.

      1. separation of properties can be achieved by a private agreement between the parties. If terms are mutually agreed, this can be notarized here in China. I have helped another Germany client in signing a pre-nuptial agreement in Shanghai and get it notarized. Nuptial agreement during marriage is also valid in China.

      2. Under Chinese laws, i don’t think you can avoid the obligation to support your spouse unless you divorce him.

      3. Inheritance is something you can waive before the death of the deceased. However, if you don’t want to leave him anything, a will will attain this goal, so draft a will.

      You are welcome to visit our office when you are around in Shanghai.

  20. Shanshan Xu   •  

    hi. just a quick question, which marriage law my husband and me shall follew if we married in china? he is british and i am chinese. thanks

    • Jason Tian   •     Author

      it depends. regarding community property, you can choose the applicable law. Upon divorce, generally the laws of the place of the competent court will apply.

    • Norman   •  

      just a few words of praise for Jason.
      using his telephone service to enquire about domestic and custody issues concerning a mixed marriage in China. I was absolutely impressed with his honest and open response. although much of what he said didn’t make me smile or give me hope for my issues, he was totally honest….thanks Jason

      • Ray   •  

        Jason,

        What about when the wife is Chinese citizen and he is US citizen and both reside in US for 5 years and in proceed of divorce in California US, do they need to go back to China to file for divorce since the marry was in China and have community property in China together?

        • Jason Tian   •     Author

          in this case, she can file a divorce in both USA and China.

  21. John Ryan   •  

    I married a woman from Shanghai in Shanghai in June of 2013. As we went thru the paperwork for immigration to obtain a spousal visa I found out that she had lied about several things. Her age, schooling, money etc. I flew to shanghai and ended the relationship because of these lies. I thought that was it, but she went on and went to the interview and received a visa to come to the US. She came here in February 2015 for 10 days and I told her that I was shocked that she did this and I wanted a divorce. I hired a lawyer here to do a quick uncontested divorce and she said she would sign the paperwork. Well another lie, she will not sign. I can come to Shanghai, but I don’t know if she will sign the paperwork. Can you tell me my options at this point. Thank you

    • Jason Tian   •     Author

      If she won’t cooperate in ending the marriage peacefully, you can only sue to divorce either in USA or china. No other options.

  22. Hannah   •  

    Am a Nigerian woman married to a Chinese man we’ve been married for two years, one day when I return home from the hospital I found out that my Chinese husband was gone he left with my marriage certificate and our child’ s birth certificate later I received a call from him telling me he was in China and that he is embarrassed by having a black wife and a black child, he told me he want to marry a Chinese woman he recently met then I told him we have to divorce if not I cannot move on or remarry here in my country. Now I want to get a divorce so that I can move on with my life but I don’t know Chinese law consigning child custody and compensation as am not working and need some money to care for the child and myself before I get a good job. Secondly I heard from a friend that if I take the child to China to have the divorce I may not return with him as Chinese law only favour its citizens, the child is only one year and need his mother, how do I get the divorce done without losing my son and in the absent of the marriage certificate? Can the Chinese embassy anole the marriage? How do I take my son to China in future if he ask questions about his father or his origin?

    • Jason Tian   •     Author

      Hi there, I am sorry to hear that. What you hear from your friend is definitely wrong. You can come to China to divorce him here in China. Since your child is just a baby, the court will for sure let you have the custody of your child, after all your husband seem not be willing to have this black son. Given that your husband is getting married with a Chinese woman soon, he should be more worried and eager to divorce you in order to move his own life on.

      Where is he in China? You may have to hire a local lawyer to help you. You can however ask your husband to pay the bill if he is the one escaping the marriage.

    • chen ximeng   •  

      Hello, Hannah, I am Chen Ximeng, Global Times reporter. I am doing a cover feature story about the custody issue of mixed marriages with Chinese. I was wondering whether you are willing to accept our interview and we can keep anonymous. Thanks very much. You can reach me at chenximeng@globaltimes.com.cn

  23. Carl   •  

    Jason, If both parties agree to the divorce, is there a standard form Divorce Agreement? If not, how is it worded and what has to be in the agreement that will satisfy the civil authority to grant the divorce. We would like to have this all completed before our return from the USA to Chongqing. You are in Shanghai, can you complete for us for Chongqing? If we have all the paperwork completed and documents needed (example: passports, marriage booklets, household card etc.) can we proceed quickly to divorce? Thank you Jason, Carl

    • Jason Tian   •     Author

      Hi Carl, if both parties agree to divorce, you can simply reach a divorce agreement which shall cover basically the community property and child support and custody. Then it can be as quick as half an hour for you to complete the divorce with civil authority. What are needed to be prepared depend much on what are covered in the divorce. I have just helped a couple to divorce in China in agreement in Shanghai, I believe Chongqing should have similar requirements. To be sure, once hired, we will help you to inquire about the documentation in Chongqing.

  24. Jaime Figueras de Codes   •  

    Hello Sir,I met this lady Chinese National on the Internet after 7 monthsof correspondance,we both decided I should travel to Chongqing to meet her and her family and friends.We got on very well and decided to get married it was like a whirlwind I am sure I was in shock.After the civil marriage she wanted a church marriage with approximately 80 guests invited I disagreed since then we realised that communication was non existant we didn’t speak the same language,when I told her I had sold my property in Victoria but hadn’t bought another house she felt I didn’t tell her the thruth then I decided to return to Australia which I did,mentioning we should get divorced,which she agreed stating if I travelled back to Chongqing we could get divorced there and then.Is there another way of getting divorce quickly without me having to travel all the way back to Chongqing for 4 days to make the divorce annualled,can the same arrangement be made from Australia?I will appreciate your advice.Thank you.
    Kind regards
    jaime Figueras de Coes

    • Jason Tian   •     Author

      If both of you have agreed on the divorce, it is probably the most efficient way to divorce that you come to China cohonging to divorce. Otherwise you may only divorce though court which will take longer time and cost more money.

  25. BB   •  

    I have gotten in contact with a divorce attorney in Shanghai that I found online. To begin an Agreement on Retaining Legal Counsel I have been requested to email a copy of my passport photo page, copy of marriage certificate, home address and phone number. Are these standard requests or should I exercise caution in giving out this personal information. Is there a website in China I can use to validate the authenticity of the law firm and lawyer? Want to make sure I am dealing with a trustworthy person before sending out such personal information.

    • Jason Tian   •     Author

      you should trust the attorney you choose. Without trust, it is hard for you to work with him or her. There is nothing standard. Different attorney may request different information about your personal information. However, in regard of divorce documents, it should be the same despite different attorneys.

      There are small firms where attorneys are not well supervised by their firms. That is why clients esp foreign clients not familiar with Chinese legal market often go for big firms in which everything is more regulated than small ones.

      You can send me an email regarding your situation, and let me see how I can help you there.

  26. Luis raccuglia   •  

    Hello sir, my name is luis raccuglia, about two years ago(2012), I got married in China to a chinese girl I met here in Melbourne Australia, we are both living here in melbourne australia, we made a decision recently and realise that our marriage is not working at all too many financial/money problems and other personal problems, so we made that decision peacefully that our marriage is not working, according to my wife she believe we should get divorce in China, which she believe it will be easier, is it necessary for both of us to travel to China just to sign divorce papers and I’ll end coming back to Australia once all the paper work is done, or can we do that from Australia since we both are living here, any information would be appreciated, with kind regards. Luis raccuglia

    • Jason Tian   •     Author

      your wife is right. If you got married in China and registered your marriage here, you’d better come over to sign the divorce paper. It won’t take long so long as you sign the divorce agreement with your wife beforehand. If you need my assistance on it, please send me email.

      • Luis raccuglia   •  

        Hello there In November I wrote to you about my wife wanting to divorce in China, dos we got married there in 2012, I don’t mine going to China to sign the divorce papers, but if it’s not too much trouble I like to see what the divorce papers look like, before I sign anything or go to China, if you would kindly email a sample of what the divorce papers look like it would be appreciated, it would be fantastic if that could be possible, I don’t want to sign anything unless I look at the papers and be able to read exactly what I’m getting myself and my wife into, any information would be appreciated, with kind regards. Luis raccuglia

        • Jason Tian   •     Author

          contents of the paper are decided by the parties. You can pre-sign an agreement with your wife before you came to China. then you can submit that divorce agreement to China authority. Make sure it is written in or translated into Chinese language.

  27. ahsan karim   •  

    hello sir
    my name is ahsan karim and i am from pakistan currently living in ireland .

    in 2009 i merry with a chinese girl in chengdu and now i am living in ireland and she is living in chengdu china .

    now we both want get divorce but the problem is i am in ireland and due to a very busy time i have no time to go and sign for divorce doccument in chengdu china .

    can i get divorce from her outside from china or i must go to china and sign in a divorce doccument .

    please help me in this or i go to china embassy in ireland and write a letter or sign on a divorce doccument .

    prestenly she is living in china for the last 5 years and i live in ireland how i can give her divorce from ireland because i am very very busy here thats why not able to go to china

    please help me

    thanks
    AHSAN

Leave a Reply

Your email address will not be published. Required fields are marked *