1. Legal Application Framework
In foreign-related divorce, not all issues are subject to Chinese law, and lawyers need to first identify the "applicable law".
Divorce by Agreement: The parties may agree to apply the laws of either party's habitual residence or nationality country. If there is no choice, the law of the common habitual residence shall apply.
Consented Divorce: Parties may choose the law of habitual residence or nationality of either party.
Litigation Divorce: The law of the jurisdiction (Lex Fori) shall apply, which means that as long as the Chinese court accepts the case, the divorce procedures and guidelines shall be governed by the Chinese Civil Code.
Litigation Divorce: Governed by the law of the place where the court is located (Chinese Law).
Property Relations: Spouses can agree to choose the law. When there is no agreement, the law of the common habitual residence shall apply; If there is no common residence, the laws of the common nationality country shall apply.
Spousal Property: Parties may agree on the applicable law. Absent agreement, the law of common habitual residence or common nationality applies.
2. Core Principles of Property Division
The judicial trend in 2025 has shifted from "absolute equal distribution" to "fair care".
Community Property: Wages, bonuses, investment income, etc. obtained during the marriage are usually considered as common property.
Assets acquired during the marriage are generally treated as joint community property.
Protecting the Wife&Non fault Party: When dividing, the court will consider factors such as the ownership of child custody and whether there is fault (infidelity, domestic violence).
Courts protect the rights of children, the wife, and the non-fault party.
Contribution Assessment: In cases of short-term marriage or where one party contributes significantly more than the other, the court may determine a non-5/5 split (such as 60/40 or 70/30).
In short-term marriages or cases with disproportionate financial contribution, courts may deviate from a 50/50 split.
3. Challenges with Overseas Assets
This is the most complex aspect of legal practice.
Lex Rei Sitae principle: Chinese courts usually do not directly handle properties located overseas, as it involves the sovereignty and registration system of other countries.
Real Estate: Chinese courts usually decline to divide overseas real estate, suggesting parties resolve it in the country where the property is located.
Set off/Compensation Scheme: Lawyers may suggest that the court consider the value of overseas assets and balance the total amount by dividing domestic assets, thereby avoiding difficulties in overseas enforcement.
Practical Tip: Request the court to divide domestic assets in a way that compensates for the value of overseas assets.
Notarization&Apostille: Proof of foreign property must be notarized locally and authenticated by The Hague (Apostille) before it can be considered valid evidence.
All foreign evidence must be notarized and apostilled to be admissible in Chinese courts.
4. Lawyer's Operational Checklist
Why choose HireLawFirm.com? (Why HireLawFirm.com?)
Foreign divorce is not only the end of a relationship, but also a precise reconfiguration of global assets.
Jurisdictional Assessment: Help you choose the most favorable place to sue.
Apostille Services: Assisting in the rapid legalization of documents worldwide.
Cross border Enforcement: Collaborating with overseas legal resources to ensure that judgments are not just a piece of paper.
Website: Professional Defense for Global Private Wealth.
