Abby’s client is a female citizen of Malaysia who was registered to marry a male citizen of the United Kingdom in the Changning District of Shanghai. Due to a breakdown in their relationship, they decided to divorce.

Both spouses are foreign nationals. Will a Chinese court handle this case?

Initially, we filed for divorce in the Shanghai court, but the court rejected our case, stating that it was outside their jurisdiction. We then submitted materials such as the “Temporary Accommodation Registration Form for Foreign Personnel” and the “Statement of Foreign Personnel Residency” issued by the local neighborhood committee where our client resides to prove that our client resides within the jurisdiction of the Shanghai court. Finally, the court determined its jurisdiction over the case in accordance with the “Law of the People’s Republic of China on the Application of Law to Foreign-related Civil Relations.”

Can I still get divorced if my spouse does not attend the divorce proceedings?

Due to the pandemic, the defendant was unable to come to China. Therefore, we applied to the court to conduct the hearing online via video conferencing and to deliver notice online.

Our lawyer communicated with the husband in English several times before the hearing and provided sufficient explanation on the issue of the post-divorce visitation rights of the children, which he was particularly concerned about.

Through our active communication and negotiation, the hearing proceeded smoothly, and the defendant accepted all of our claims without objection.

The court ultimately supported all of our litigation requests, including granting a divorce to both parties and supporting our client, the wife, to obtain custody of the child. The case took only two months from the official filing to the court (with only one week between the hearing and receipt of the judgment).

Our client was very satisfied with the judgment, and we won high praise from our client.