There are two ways to divorce in China: a mutual-consent divorce at the marriage registration office, which carries a mandatory 30-day cooling-off period, or a divorce lawsuit in a Chinese court if one spouse will not agree. Both are governed by the Civil Code.
Route one: divorce by mutual consent
Under Article 1076, spouses who both want to divorce must sign a written divorce agreement covering the children, property and debts, and then apply in person at the marriage registration office. Article 1077 then imposes the cooling-off period: for 30 days from the date the office receives the application, either spouse may withdraw it. Once those 30 days have passed, both spouses must return in person within a further 30 days to apply for the divorce certificate; if they do not, the application is treated as withdrawn. Under Article 1078 the office registers the divorce and issues the certificate once it is satisfied that the divorce is genuinely voluntary and that the couple have agreed on the children, property and debts.
Route two: divorce by litigation
If one spouse refuses, the other can sue under Article 1079. The court must first try mediation; if mediation fails and the relationship has truly broken down, the court grants the divorce. The article lists the recognised grounds: bigamy or living with another person; domestic violence, abuse or desertion of a family member; gambling or drug addiction that continues despite correction; two full years of separation because of incompatibility; and other circumstances showing the marriage has broken down. If one spouse has been declared missing, the other may sue. If a court has already refused a divorce and the couple then live apart for one more year, a fresh lawsuit should succeed.
What this means in practice
The cooling-off period applies only to the registration route, never to a court divorce. Judges decide whether the marriage has genuinely broken down, so a first lawsuit based on thin grounds is often dismissed and the divorce is then obtained on a second attempt after another year of separation. On the registration route the couple settle property and custody themselves in the agreement; in litigation the court decides. If you are a foreign national who married in China, the same Civil Code procedures apply — but if you married abroad, ask a lawyer which law governs property and maintenance.
A quick scenario
The following is a hypothetical illustration, not a reported case. A foreign couple married in Shanghai both want out and file at the registration office. A week later one of them changes their mind and stops cooperating. Because neither returns within the extra 30 days to collect the certificate, the application is deemed withdrawn, and the spouse who still wants the divorce has to start again — this time by suing in court.
Common questions
Q: How long does a mutual-consent divorce take in China?
A: At least 30 days for the cooling-off period, plus however long it takes both spouses to return and collect the certificate within the following 30 days — usually one to two months.
Q: Can one spouse simply block the divorce?
A: In the registration route, yes — either side may withdraw during the 30-day cooling-off period. After that, the other spouse can ask a court to end the marriage.
Q: What are the grounds for a court divorce?
A: Article 1079 lists bigamy or cohabitation, domestic violence or desertion, gambling or drug addiction, and two years of separation for incompatibility, among other circumstances.
Q: Is there a cooling-off period for a court divorce?
A: No. The 30-day cooling-off period applies only to divorce by mutual consent at the marriage registration office.
Q: When exactly does the marriage end?
A: Under Article 1080 it ends when the divorce is registered, or when the court’s judgment or mediation agreement takes effect.
Wang Guan | Co-founder, Beijing Haolue Law Firm | +86 17813108512