In today’s globalized world, international marriages, where the partner of the Chinese citizen is from a foreign country, are on the increase in Shanghai. Although international love may seem romantic, international couples might realize that marriage could be particularly challenging in terms of religious and political differences, language barriers, and other reasons.

The fading passion and arising conflicts could result in the irretrievable breakdown of the marriage. Sometimes, the couple might find divorce an optimal way to end the relationship. After making a difficult decision to divorce, the couple must consider where and how to do it.

First, there are two ways of getting divorced in China:
1) divorce by agreement,
2) divorce by litigation.

Apparently, divorce by agreement is much more convenient and less complex in terms of time and cost. However, divorce by agreement is applicable only when：
1) The marriage was registered in China,
2) Consensus on critical matters like the dissolution of the relationship, custody of children, and division of assets is reached.

1.What are the procedural formalities

of divorce by agreement?

1.1 Make an appointment online
Here is the website to make an appointment:
Http://zwdt.sh.gov.cn/govportals/bsfw/item/257048fb-2f89-45f9-add3-d76ca924a3e

1.2 Application for divorce registration in the bureau
You might need to submit an application letter (in contrast to the declaration letter of step 1.4) and get a receipt from the bureau.

1.3 Cooling-off period
The cooling-off period is essential after the enactment of the Civil Code of PRC in 2021. According to the stipulation of law, the husband and wife are supposed to go together to the civil affairs bureau twice. The first time is for the application itself, and the second visit is supposed to be made after the 30-day cooling-off period and within 60 days upon lodging the application to finalize the divorce and collect the divorce certificate.

Please pay attention to this rule. We highly recommend prescheduling in case of missing the deadline. The following flowchart shows the progression steps and periods of time to completion.

1.4 Issuance of the divorce certificate
After the cooling-off period, you may go to the bureau to collect your divorce certificate.

2.What documents and certificates

are required for divorce registration?

2.1 valid passport or other valid international travel documents of the foreign party
2.2 household and ID card of the Chinese party
2.3 marriage certificate
2.4 divorce agreement

The divorce agreement is the central component of divorce by agreement. The declaration of will that divorce is desired by both parties and the consensus on matters such as the support of children, disposition of property, and debt settlement shall be specified in the divorce agreement.

2.5 single photo

3.Post-divorce matter :

What else should you do?

Congrats on getting back to freedom!
However, there could be some complexities in dissolving an international marriage in contrast with domestic one. You might need to get your divorce certificate recognized by other countries as well. Each country has their rules of recognition of divorce completed in China, and you need to follow the requirements and regulations of your home country.

But normally, a step of “notarization” shall be done in a Chinese notary office.

It is a prerequisite procedure for proving the authenticity of the divorce certificate to be effective outside of China and later to be recognized and accepted by other countries.

Aforesaid are the three pieces of advice we provide couples in foreign-related marriages who want a divorce by agreement. If you cannot get a divorce by agreement with amicable negotiation, you may check our following articles on how to divorce by litigation.