I divorced abroad. Does my divorce count in China?

By June Zhang, PRC lawyer in Xiamen · Licence no. 13502199911278128 (how to check it) · Updated 3 November 2026

This page cites two Supreme People's Court rules on foreign divorces. They are called here the Recognition Procedure Rules and the Acceptance Rules. Their full names, and those of the other rules cited, are listed at the end.

Who needs a foreign divorce recognised in China?

Anyone who needs a court, registry or other office in mainland China to treat them as divorced needs the divorce recognised first. Under the Civil Procedure Law, a foreign judgment has effect in China once an intermediate people's court has recognised it (arts 298 and 299). An intermediate court is the middle tier of China's local courts, usually one for each city. People usually find out they need recognition at one of these moments:

• You want to remarry in mainland China. The rules give a direct route to the marriage registry only where both former spouses are foreign nationals (Acceptance Rules art 2). If either of you is a Chinese citizen, plan on recognition first.
• You want to sell, transfer or re-register a flat in China that was bought during the marriage.
• Chinese records, such as a household register, still show you as married.
• Someone has died and an estate in China is being settled. A spouse is a first-order heir under Chinese law (Civil Code art 1127), so the notary, the court and the other heirs will ask about marital status. See inheritance for heirs abroad and, if the family disagrees, inheritance disputes in court.
• Your former spouse may start a divorce case in China. Once a court accepts one, neither of you can apply for recognition (Recognition Procedure Rules art 18), and the reverse also holds (art 19). Whichever is accepted first closes the other route.

A Chinese citizen can apply (Recognition Procedure Rules art 1), and so can a foreign national whose former spouse is a Chinese citizen (Acceptance Rules art 2). The court may not refuse because the marriage took place outside China (Acceptance Rules art 1). Where China has a judicial assistance treaty with the country concerned, the treaty's procedure applies (Recognition Procedure Rules art 1).

Does recognition cover only the divorce, or property and children too?

A Chinese court that recognises a foreign court's divorce judgment recognises only the divorce. The parts that divide property, set maintenance or deal with children fall outside the divorce recognition rules (Recognition Procedure Rules art 2). They would need the general route for foreign judgments, which requires a treaty or reciprocity between China and that country (Civil Procedure Law arts 298 and 299). Reciprocity means each country recognises the other's judgments. The divorce itself needs neither (Civil Procedure Law Interpretation art 542). A foreign court's divorce mediation document can be recognised like a judgment (Acceptance Rules art 3).

The Hong Kong, Taiwan and Macao rules reach further. The Hong Kong family arrangement covers property orders, maintenance orders and custody orders as well as the decree of divorce (art 3). The Taiwan rules cover civil judgments in general (art 2), and so do the Macao rules (art 1). Under all three, the court can recognise some parts of a judgment and refuse others (Hong Kong art 10, Taiwan art 17, Macao art 14).

Property in China

A judgment that decides who owns a flat in China meets a further rule. Disputes over rights in land and buildings belong only to the court where the property is. This is called exclusive jurisdiction (Civil Procedure Law art 34(1); Civil Procedure Law Interpretation art 28). A foreign judgment that breaks China's exclusive jurisdiction rules is treated as given by a court without jurisdiction (art 301(2)), and that is a ground to refuse it (art 300(1)). The Taiwan and Macao rules have a similar ground (Taiwan art 16(2), Macao art 11(1)). The Hong Kong family arrangement does not list it (art 9).

Whether an order runs into this rule depends on what it decides, so June Zhang reads each order before choosing a route. The matter described near the end of this page turned on this point.

If the property in China was never dealt with, or the property part can't be recognised, the usual answer is a case in a Chinese court. Either former spouse may sue to divide joint property that the divorce did not deal with (Marriage and Family Interpretation (I) art 83). Where both former spouses are Chinese citizens settled abroad and they sue only over property in China, the court where the main property is located hears the case (Civil Procedure Law Interpretation art 17). If money was moved to someone else during the marriage, see large gifts of marital property.

If the foreign judgment left the property in China undivided, or can't be recognised for it, see how property in China is divided after a divorce abroad.

What the court does not decide

• It does not hear the divorce again. It checks the grounds listed in the rules and either recognises the judgment or dismisses the application (Recognition Procedure Rules arts 12 and 13).
• When it recognises a foreign divorce, it does not divide property or decide on children (art 2).
• A refusal decides nobody's ownership; that still needs a court with jurisdiction.

How do I apply to recognise a foreign court's divorce?

The applicant files a written application, the original judgment and a certified Chinese translation with the intermediate court where the applicant lives in China, or last lived there (Recognition Procedure Rules arts 3, 4 and 5). The court then checks the judgment against a short list of refusal grounds (art 12).

Documents

• A written application stating who you are, which court gave the judgment and when, how the parties were summoned, and what you ask for (Recognition Procedure Rules art 4).
• The original judgment, with a Chinese translation certified as accurate. Without these the court will not accept the case (art 3).
• Proof that the judgment is final, if the judgment does not say so (art 8).
• If you were the plaintiff abroad, proof that the foreign court lawfully summoned the defendant (art 9). If the judgment was given in your absence and you are the one applying, proof that you were lawfully summoned (Acceptance Rules art 1).
• These proofs must be notarised in that country and authenticated by the Chinese embassy or consulate, or go through a treaty procedure, and then translated (art 10).
• A power of attorney if a lawyer applies for you, certified in the same way if signed abroad (art 17).

If you were the defendant in the foreign case, now live in China and can't easily get the proofs notarised, the foreign court's summons may be enough (art 11).

Which court

The intermediate people's court where you live in China, or where you habitually live if that is different. If you are not in China, the intermediate court for your former home in China (art 5). If you have never lived in mainland China, the right court has to be worked out before filing.

When the court refuses

The court will not recognise the judgment if (art 12):

• it is not yet final;
• the foreign court had no jurisdiction over the case;
• it was given in the defendant's absence and the defendant was not lawfully summoned;
• a Chinese court is hearing or has decided a divorce between the same two people, or has recognised a third country's judgment on it; or
• it breaks the basic principles of Chinese law or harms China's sovereignty, security or public interest.

Stages

1. Documents are gathered, certified abroad and translated before filing.
2. Filing. The court decides within 7 days whether to accept the case (art 6).
3. Review by a panel of three judges (art 7). The court may ask for proof that the judgment is final or that the defendant was summoned (arts 8 and 9). The rules set no deadline for the ruling.
4. Ruling. The court recognises the judgment or dismisses the application (art 13). The ruling can't be appealed (art 7) and takes effect once served (art 15).

If the application is dismissed or withdrawn, you can't apply again. You can still bring a divorce case in a Chinese court (arts 21 and 22). So a missing proof is best fixed before filing. Withdrawing the application to fix it later ends the recognition route.

The court fee for a foreign divorce judgment is RMB 100 (art 16). For other foreign judgments with no sum to enforce, the national fee rules set RMB 50 to 500 per case (Measures on Payment of Litigation Costs, arts 10 and 14). Court fees are paid to the court and are separate from the lawyer's fee.

How is a Hong Kong divorce recognised in the mainland?

A Hong Kong divorce made on or after 15 February 2022 can be recognised by a mainland intermediate court under a dedicated mainland and Hong Kong family arrangement (arts 4 and 20). A Hong Kong judgment from before that date needs its own assessment.

The arrangement covers, among others, the decree absolute of divorce and of nullity, maintenance orders, orders to transfer or sell property, custody orders and declarations of parentage (art 3). It also applies, by analogy, to agreements or memoranda dissolving a marriage under Parts V and VA of the Marriage Reform Ordinance, Cap. 178 (art 1).

Documents

• An application giving each party's details and what you ask for (arts 5 and 6).
• A copy of the judgment sealed by the Hong Kong court, and that court's certificate that it is an effective judgment covered by the arrangement.
• For a judgment given in someone's absence, proof of lawful summons, unless the judgment says so or the absent party is the one applying.
• A notarised copy of your identity document.
• An accurate Chinese translation of anything not in Chinese (art 5).

Which court

An intermediate court where you or your former spouse lives or habitually lives, or where the property is. If you file with more than one, the first to register the case takes it (art 4).

When the court refuses

The former spouse has to show one of these grounds (art 9):

• under Hong Kong law, they were not lawfully summoned, or had no fair chance to state their case;
• the judgment was obtained by fraud;
• a mainland court had already accepted a case on the same dispute before the Hong Kong court did; or
• a mainland court has already decided the same dispute, or recognised another place's judgment on it.

The court also refuses if recognition would clearly breach the basic principles of mainland law or the public interest. Where children are involved, their best interests must be fully considered (art 9).

Stages

The rules ask the court to review promptly, with no fixed deadline (art 8). Property can be preserved before or after the application is accepted (art 18). If an appeal is pending in Hong Kong, the mainland court may pause the case (art 11). Either side can ask the next higher court to review the ruling within 10 days of service (art 15). If recognition is refused, you can't apply again. You can still sue on the same dispute in the mainland (art 17).

How is a Taiwan divorce recognised in the mainland?

A Taiwan court's divorce judgment can be recognised by a mainland intermediate or specialised court under the Supreme People's Court's Taiwan rules (arts 2 and 4). The rules were revised in 2024, and the current text applies from 1 January 2025. They cover judgments, rulings, court settlement and mediation records, payment orders, and township mediation documents approved by a Taiwan court (art 2).

Documents

• An application, with a copy for each respondent (art 6). It names the Taiwan court, the case number, when the case began and the date of the judgment (art 7).
• The original judgment or a certified copy.
• The certificate that the judgment is final, except for documents such as mediation records that need no separate certificate under Taiwan's rules.
• Identity documents. Those made outside mainland China need the proof procedures in the Civil Procedure Law (art 6).
• A power of attorney signed by a Taiwan party needs notarisation or verification, with some exceptions, such as signing before a mainland judge by video (art 5).

Which court

An intermediate court, or a specialised court, where you or your former spouse lives or habitually lives, or where your former spouse's property is. If you choose the property court, you must show the property exists (art 4).

When the court refuses

The court refuses if (art 16):

• the respondent was absent and not lawfully summoned, or lacked capacity and was not properly represented;
• the case falls within the exclusive jurisdiction of mainland courts;
• the parties had a valid arbitration agreement that was not waived;
• the judgment was obtained by fraud;
• a mainland court has decided the same dispute, or recognised another judgment or award on it; or
• recognition would breach the one-China principle or other basic principles of law, or harm sovereignty, security or the public interest.

Stages

The court registers a complete application within 7 days (art 8). It serves the application on your former spouse within 5 days, and they have 15 days to comment, or 30 days if they have no home in the mainland (art 9). The court should decide within six months of registration. This can be extended, and time spent serving papers across the strait does not count (art 15). Either side can ask the next higher court to review the ruling within 10 days (art 19). The two-year limit for enforcement in the Civil Procedure Law (art 250) does not apply to judgments on personal status, such as a divorce (art 24).

How is a Macao divorce recognised in the mainland?

A Macao divorce judgment goes to a mainland intermediate court under the 2006 mainland and Macao arrangement on civil and commercial judgments, which covers a divorce judgment as a civil judgment (arts 1 and 4). A judgment with nothing to enforce can be recognised on its own, or used directly as evidence in a mainland case (art 3).

Documents

• An application in Chinese giving the parties, the case number and date, and what you ask for (arts 6 and 8).
• A copy of the judgment, or a certificate sealed by the Macao court, with that court's documents showing the summons was lawful and the judgment was served and is in effect. The mainland court can waive some of these (art 7).
• A Chinese translation of anything not in Chinese; for the judgment itself, one issued by the court (art 8).

Which court

An intermediate court where your former spouse lives or habitually lives, or where their property is (art 4). Your own home does not give a court jurisdiction here. If your former spouse lives outside the mainland and has no property there, the court question has to be solved first.

When the court refuses

The court refuses if (art 11):

• under mainland law, the matter falls within the exclusive jurisdiction of mainland courts;
• the same case was filed earlier in a mainland court that has jurisdiction;
• a mainland court has already recognised another court's judgment or an arbitral award in the same case;
• under Macao law, the losing party was not lawfully summoned, or a party without capacity was not represented;
• the judgment is not yet in effect, or its enforcement has been suspended for a retrial; or
• recognition would breach the basic principles of mainland law or the public interest.

Stages

Your former spouse is served and may answer (art 9). The court reviews promptly, with no fixed deadline (art 10), and either side can ask the next higher court to review the ruling (art 12).

My divorce didn't come from a court. What then?

A divorce registered abroad by agreement alone, with no court involved, has no national rule of its own that we have found, so each one needs its own assessment. The national rules we have checked deal with court decisions and a few named documents:

• a foreign court's divorce mediation document (Acceptance Rules art 3);
• Hong Kong agreements and memoranda under the Marriage Reform Ordinance (Hong Kong arrangement art 1); and
• Taiwan court settlement and mediation records, and township mediation documents approved by a Taiwan court (Taiwan rules art 2).

For any other document, the assessment looks at what it is, who issued it, and what the Chinese court or office you deal with will accept. Sometimes a divorce case in China is the safer course; an unrecognised foreign divorce does not prevent one (Recognition Procedure Rules art 20).

If you are not sure which route fits your document, send a few lines about the divorce and the name of your former spouse. A conflict check comes first.

What makes the fee higher?

What this service cannot do

• It cannot change what the foreign judgment says. A Chinese court recognises a judgment, or parts of it, as written.
• It cannot set the court's timetable. Beyond the deadlines quoted above, that is up to the court.
• It does not cover foreign law. June Zhang advises on mainland Chinese law only; she works with your lawyer abroad and hands over the materials they need.
• No one can promise recognition. The assessment sets out the risks before you pay for the application.

How much does recognition cost?

A Macao judgment is quoted after the assessment. If you have not divorced yet and both of you can come to China, see divorce in China when one spouse lives abroad; attending a divorce registration is USD 950. Court fees, translation, notarisation and authentication are paid at cost. The value bands for property cases, and how payment works, are on the services and fees page.

What you receive at each stage

1. Assessment

A written note in English: which set of rules applies, which court, the documents and certifications needed, the risks June Zhang sees, and whether the property in China needs a separate case.

2. Application

The application drafted in Chinese, translations checked against the originals, a power of attorney ready for you to sign abroad, filing, replies to the court, any hearing, and the ruling with an English summary.

3. After the ruling

If property in China still needs dividing or transferring, a quote for that work once the ruling is in.

A related matter

Names, places, dates and amounts have been removed. These show the type of work involved and do not promise any outcome.

What should I send first?

A few lines are enough. Say which country or region's court gave the judgment, the year, and what you need it for in China, such as remarrying, selling a flat or settling an estate. Please give the names of your former spouse and anyone else involved, so a conflict check can be done first. Don't send the judgment yet; after the conflict check you will be told what to send and how. You get a reply within one working day (Beijing time; weekends and Chinese public holidays not counted).

Rules referred to on this page

• Recognition Procedure Rules: 《最高人民法院关于中国公民申请承认外国法院离婚判决程序问题的规定》（2020修正，法释〔2020〕20号）
• Acceptance Rules: 《最高人民法院关于人民法院受理申请承认外国法院离婚判决案件有关问题的规定》（2020修正，法释〔2020〕20号）
• Civil Procedure Law, as amended in 2023
• Civil Procedure Law Interpretation, as amended in 2022 (法释〔2022〕11号)
• Hong Kong arrangement: 《最高人民法院关于内地与香港特别行政区法院相互认可和执行婚姻家庭民事案件判决的安排》 (法释〔2022〕4号)
• Taiwan rules: 《最高人民法院关于认可和执行台湾地区法院民事判决的规定》（2024修正，法释〔2024〕14号）
• Macao arrangement: 《最高人民法院关于内地与澳门特别行政区相互认可和执行民商事判决的安排》 (法释〔2006〕2号)
• Marriage and Family Interpretation (I): 法释〔2020〕22号
• Measures on Payment of Litigation Costs (《诉讼费用交纳办法》)

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