From: Ten questions and answers on registration and divorce of transnationalmarriage, by Xuhui Court, Shanghai, China
Answer: This is a special situation. Generally, the following conditions should be met: first, foreigners have a habitual residence in China; Second, agree to the jurisdiction of Chinese courts and the application of Chinese law; Third, the people's court deems it necessary to accept the case.
For example, the hgfali [2011] No. 1 document issued by the Shanghai Higher People's court in 2011 said that foreign-related marriage cases mainly involve two factors: first, the nationality of both parties to the marriage; The second is the place of marriage. As long as one of the factors is not foreign-related, the courts of our country have jurisdiction and should determine the competent court in accordance with the relevant provisions of the civil procedure law. If both factors are foreign-related, that is, the plaintiff and the defendant are both foreigners and the marriage relationship is concluded abroad, the people's court can accept it only if both the plaintiff and the defendant jointly choose to accept the jurisdiction of the Chinese court and it is really necessary to be handled by the Chinese court.