From: Tenquestions and answers on registration and divorce of transnational marriage,by Xuhui Court, Shanghai, China
Question: 1. One party is of Chinese nationality and the other party is of foreignnationality. Whether the Chinese court accepts the divorce lawsuit filed by one of the two parties who have registered their marriage in China (or abroad)? 2. Both parties are Chinese nationals, but both parties are registered for marriage abroad. Does the Chinese court accept the divorce lawsuit filed by one of them? 3. Both parties are foreign nationals, but both parties are registered for marriage in China. Does the Chinese court accept the divorce lawsuit filed by one of them?
Answer: All are accepted, and all are under jurisdiction of Chinese court. As long as the marriage is registered in China or oneparty is a Chinese citizen, the Chinese courts will accept the corresponding
divorce proceedings. Refer to the provisions of the judicial interpretation of the Civil Procedure Law:
For overseas Chinese who marry in China and settle abroad, if the court ofthe country of residence refuses to accept the divorce proceedings on the ground that they must be under the jurisdiction of the court of the place where the marriage is concluded, and the parties file divorce proceedings with the people's court, they shall be under the jurisdiction of the people's Court of the place where the marriage is concluded or the last residence of one party in China.
For overseas Chinese who marry and settle abroad, if the court of thecountry of residence refuses to accept the divorce proceedings on the ground that they must be under the jurisdiction of the court of the country of nationality, and the party files a divorce lawsuit with the people's court, it shall be under the jurisdiction of the people's Court of one party's original domicile or the last residence in China.
The people's Court of the place where the Chinese citizen resides hasjurisdiction over the divorce proceedings filed by either party to the people's court, regardless of whether the Chinese citizen resides abroad or in China. If the foreign party brings a lawsuit in the court of the country of residence, and the domestic party brings a lawsuit to the people's court, the people's court subject to the lawsuit shall have jurisdiction.
If both Chinese citizens are abroad but have not settled, and one of themfiles a lawsuit for divorce with the people's court, it shall be under the jurisdiction of the people's Court of the place where the plaintiff or defendant originally resided.