Marriage and divorce

10. Courts having jurisdiction over divorce proceedings concerning foreigners and Chinese spouses

Divorce proceedings of a Chinese citizen and a foreigner can be instituted in China, and can be instituted in a foreign country accepting the divorce case. (1) Where a Chinese citizen and a foreigner require divorce within the territory of China, the people’s court of the locality where the Chinese citizen has his or her domicile shall have jurisdiction; where the domicile is different from the habitual residence, the people’s court where the Chinese citizen has his or her habitual residence shall have jurisdiction; where a Chinese citizen and a foreigner require divorce not within the territory of China, whether the local court will accept the case shall be determined by that court according to its domestic law.