In recent years, with the frequent exchanges in international affairs and the roar of globalization, marriage has also shown a clear trend towards globalization. Many cross-border marriages have entered the public eye, and international marriages are increasingly attracting widespread attention. However, due to the different historical backgrounds, languages, cuisines, cultural customs, etc., of each country, couples often encounter great difficulties in dissolving their marriage when their relationship breaks down. This article intends to provide a brief overview of the basic process and legal provisions for handling international divorce cases in China.

I. Legal Application Issues in International Divorce Cases

Regarding the manner of divorce, international divorce cases can be categorized into two types: consensual divorce and litigated divorce.

In the case of consensual divorce, according to Article 26 of the Law of the People's Republic of China on the Application of Law to Foreign-Related Civil Relations, "In the case of consensual divorce, the parties may agree to apply the law of the habitual residence of one party or the law of the nationality of one party. In the absence of a choice by the parties, the law of the common habitual residence shall apply; in the absence of a common habitual residence, the law of the common nationality shall apply; in the absence of a common nationality, the law of the place where the divorce procedure is handled shall apply." The parties can negotiate and determine the applicable law. If a Chinese citizen and a foreigner voluntarily divorce in mainland China, relevant provisions of the Marriage Registration Regulations can be referenced.

In the case of litigated divorce, according to Article 27 of the Law of the People's Republic of China on the Application of Law to Foreign-Related Civil Relations, the law of the court's jurisdiction shall apply.

II. Jurisdictional Issues in Foreign-related Divorce Litigation Cases

1. Jurisdiction when both parties are of foreign nationality

2. Jurisdiction when one party is of Chinese nationality and the other party is of foreign nationality

3. Jurisdiction when both parties are of Chinese nationality

 III. Commonly Required Documents in Foreign-related Divorce Litigation Cases

1. Civil complaint or pleading;

2. Marriage certificate or other evidence of the existence of the marital relationship;

3. Identification documents of both parties;

4. In cases involving child custody, submission of the child's birth certificate or proof of kinship;

5. In cases involving property disputes, submission of relevant property evidence;

6. Evidence of the breakdown of the marital relationship;

7. Other valid documentary evidence or materials.

Note: If filing a lawsuit in a Chinese court, documents and materials formed overseas such as official documents and identity relationships require corresponding notarization, and if the relevant materials are in a foreign language, a Chinese translation text must be provided.