Family

Yes, in many cases. A Chinese court has jurisdiction where the defendant is habitually resident in China, and in certain other circumstances. Divorce by registration at a civil affairs bureau is available only for marriages registered in China, and both parties must attend in person. Which route applies changes the timetable and the evidence required.

It is not automatic. A foreign divorce decree needs to be recognised before it has effect in China — commonly where one party wishes to remarry, or where property in China must be transferred under the decree. Recognition is sought from the intermediate people's court with jurisdiction, and the application must be supported by properly authenticated documents.

The starting position is that property acquired during the marriage is shared, while pre-marital property and gifts or inheritances designated for one party remain separate. In practice the analysis is fact-driven, and how assets are held — in whose name, and in which jurisdiction — often determines the outcome more than the rule itself.

Chinese succession law governs assets situated in China, and applies a fixed order of inheritance unless the deceased left a will valid under Chinese law. Where the deceased was foreign, Chinese courts may also apply the law of their nationality or habitual residence. Disputes frequently turn on the validity of a foreign will over Chinese assets, which is why filings suited to both jurisdictions are worth preparing in advance.