China Divorce Guide: Laws, Process & Costs
Everything you need to know about divorce in China.10 in-depth guides covering your rights, costs, and options.
Legal System
Civil law (socialist legal tradition)
Divorce Type
Mutual consent or litigation
Waiting Period
30-day cooling-off period for mutual consent (since 2021)
Average Cost
¥50–¥100,000+
Property System
Community property
Residency
Household registration (hukou) or residence
Divorce Law in China: Overview
China's 2021 Civil Code introduced a controversial 30-day 'cooling-off period' (冷静期) for mutual consent divorces — if either party withdraws during this period, the divorce is cancelled. This was aimed at reducing China's surging divorce rate. For mutual consent, couples register at the civil affairs bureau (民政局). If one spouse objects, litigation is required, and courts must attempt mediation first. Notably, Chinese courts can deny divorce on the first attempt — couples typically must file twice, waiting at least 6 months between attempts. China uses community property, and corporate assets (including publicly traded shares) are marital property, making billionaire divorces market-moving events.
Key Legislation
Civil Code of PRC (2021) Marriage and Family Chapter
Replaced the Marriage Law. Added cooling-off period and other reforms.
Civil Code Articles 1076-1092
Divorce provisions: registration, litigation, property, and custody.
Supreme People's Court Interpretations
Judicial interpretations provide detailed guidance on property division.
Grounds for Divorce
- ●Administrative divorce: mutual consent — register at civil affairs bureau
- ●Litigation: irretrievable breakdown (proved by bigamy, domestic violence, drug abuse, gambling, separation 2+ years, etc.)
- ●Court may deny first divorce petition — 6-month wait before refiling
How to Divorce in China: Step-by-Step
Mutual: apply at civil affairs bureau
Both spouses appear with agreement on property and children.
30-day cooling-off period
Either party can withdraw within 30 days. If not withdrawn, must appear within next 30 days to collect certificate.
Collect divorce certificate
Both must appear in person within 30 days after cooling-off. If not, application lapses.
Litigation: file lawsuit
At the People's Court. Court must attempt mediation first.
Court may deny divorce
Common on first attempt. Must wait 6 months to refile.
Second attempt
Courts usually grant divorce on second attempt if issues persist.
Recent Legal Reforms
New Civil Code added 30-day cooling-off period. Widely criticized for pressuring DV victims.
Full-time homemaker contribution recognized in property division.
SPC Interpretation III: property purchased before marriage by one spouse's parents belongs to that spouse alone.
What Makes China Divorce Unique
- →30-day cooling-off period can cancel mutual consent divorce if either party withdraws
- →Courts can deny divorce on first attempt — must typically file twice
- →Company stamp (公司印章): whoever controls it controls the company — a critical divorce asset
- →Divorce-related stock transfers of public companies can move markets
- →Hukou (household registration) affects where you can file and children's school enrollment
China Divorce Statistics
~3.4 million (pre-2021)
Divorces per year
~70% drop in divorce registrations in first month (2021)
Drop after cooling-off
~30% of all divorces
Litigation divorces
¥9 per person
Average cost (registration)
China Divorce Guides
China Property Division
How assets and debts are divided
China Spousal Support
Maintenance and alimony
China Child Custody
Custody and parenting arrangements
China Divorce Process & Timeline
Steps and how long it takes
China Divorce Costs
Fees, costs, and legal aid
China Child Support
Financial support for children
China Uncontested Divorce
When both spouses agree
China Divorce Mediation
Alternative dispute resolution
China Divorce & Taxes
Tax implications of divorce
China Domestic Violence & Divorce
Safety and legal protections
Every situation is different
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Legal Disclaimer: This article covers China divorce law for general informational purposes only and does not constitute legal advice. Laws change frequently. Always consult a qualified family law attorney or solicitor in China for advice specific to your situation.