Item: Divorce Registration Between Hunan Residents and  Foreigners, Overseas Chinese, or Residents from Hong Kong, Macao and Taiwan

Legal Basis:

Marriage Law of the People’s Republic of China (Revised by the Standing Committee of the National People's Congress on April 28, 2001) 

Regulation on Marriage Registration (Order of the State Council No.387 [2003]) 

Interim Regulations of Marriage Registration (Promulgated by the Ministry of Civil Affairs of the People’s Republic of China on September 24, 2003 and revised on December 8, 2015) 

Marriage Law of the People's Republic of China

According to Article 31 divorce shall be allowed if both husband and wife are willing to divorce. Both parties shall apply to the marriage registration authority for divorce. The marriage registration authority issues a certificate of divorce after confirming that both parties are indeed willing to divorce and have made proper arrangements for their children and have properly disposed of their property. 

According to Article 35, if, after divorce, both parties desire to resume their husband-and-wife relationship, they shall go through the registration procedures at the marriage registration authority. 

Regulation on Marriage Registration

According to the second paragraph of Article 2, the organ in charge of marriage registration for the marriage between a Chinese citizen and a foreigner, or between a mainland citizen and a citizen of the Hong Kong Special Administrative Region (hereinafter referred to as a Hong Kong resident), a citizen of the Macao Special Administrative Region (hereinafter referred to as a Macao resident), a citizen of the Taiwan Region (hereinafter referred to as a Taiwan resident) or an overseas Chinese, shall be the civil administration department of the people's government of the province (autonomous region, municipality) or the organ fixed by that department.

According to the second paragraph of Article 10, for the voluntary divorce in China's mainland between a Chinese citizen and a foreigner, or between a mainland citizen and a citizen of Hong Kong, Macao, Taiwan, or an overseas Chinese, the man and woman shall appear together to go through the divorce registration at the marriage registration organ in the locality where the mainland citizen has his / her residence registration.

Conditions for Acceptance:

According to the provisions in Regulations on Marriage Registration:

1. The marriage registration authority has jurisdiction over the place where the permanent household of the Chinese inland resident is registered;

2. Both the man and woman shall go and complete the formalities at the marriage registration authority;

3. One party shall be a resident of Hunan Province and the other shall be a foreigner, an overseas Chinese, a Chinese living abroad or a Taiwan resident; 

4. Both parties shall have full capacity for civil acts.

5. Both parties hold the marriage certificate issued by a marriage registration institution in mainland China or a Chinese Embassy（Consulate）in other country.

Documents and certificates required for divorce registration:

1. Chinese inland resident seeking divorce shall produce the following certificates and documents:

(1) His/her original census register book (Hukoubu) and Identification Card （ID card）;

(2) His/her marriage certificate; 

(3) Divorce agreement signed by both parties;（Three copies of divorce agreement reached by both parties respectively. If it is in English version, the translation should be done by designated translation agency, with its seal stamped.）and,

(4) Two recent 2-inch half-length bareheaded single photos.

2. Hong Kong, Macau or Taiwan residents, overseas Chinese or foreigners applying for divorce shall produce the following certificates and documents:

(1) His/her marriage certificate;

(2) Divorce agreement signed by both parties.

(3) Two recent 2-inch half-length bareheaded single photos.

Apart from the certificates and documents specified above, Hong Kong, Macau or Taiwan residents applying for divorce shall also produce his/her valid exit-entry permit and ID card, while the overseas Chinese or foreigners seeking divorce shall also produce his/her valid passport or other valid international travel documents.

Divorce agreement shall record both parties’intention of voluntary divorce and consensus on issues of bringing-up children, property and liability.

Procedures:

Divorce registration shall follow the procedures of first review, acceptance, checkup and registration (issuing the certificate):

1. First review: To check if both parties have all the necessary relevant certificates and documents and if the applied item is within the term of reference of the department that accepts the application; when the certificates and documents are not complete, the applicants shall be informed on the spot.

2. Acceptance:

(1) To explain to both parties the conditions for divorce registration according to the marriage law;

(2) To ask the parties if they consent to get divorced and if they are satisfied with the divorce agreement;

(3) If they do consent to get divorced and have reached agreement on child custody and property and debt problems, each of them is to fill in a copy of Statement of Divorce Registration Application;

(4) The couple shall sign their names on the divorce agreement themselves with the registrar as the witness.

3. Checkup: The registrar is to check the certificates, the statement for divorce registration and the divorce agreement submitted by both parties to make sure they meet the requirements and fill in the Form for divorce Registration Checkup and the divorce certificate.

4. Registration: The registrar shall check over the divorce certificate carefully after the form is filled out.

5. Issuing the certificate: The divorce certificate shall be issued at the presence of both parties:

(1) To verify the names, birthdays and divorce wish of both parties;

(2) To inform both parties of their legal nexus, their relations with the child and obligations after they get the divorce certificate;

(3) To witness that both parties sign their names themselves in “signature or fingerprint of parties getting the divorce certificate” of the Form for Divorce Registration Checkup;

(4) To write off the marriage certificate of both parties;

(5) To issue the divorce certificate to each party and announce to both parties that they have got the divorce certificate and their conjugal relationship is ended.

Divorce Registration Time limit

When the relevant documents are fully presented, the applicants shall be allowed to register and the divorce certificate shall be issued right away. 

Office Hours and Address:

1.Foreign-related Marriage Registration Office, Department of Civil Affairs of Hunan Province(湖南省民政厅涉外婚姻登记处)

Opening hours: Monday-Friday (except statutory holidays)

                8:30-12:00; 13:30-17:30 (Autumn: July 1-September 30)

                8:30-12:00; 13:00-17:00 (Winter: October 1 - June 30 next year)

Address: 5/F, Office Building 2, Department of Civil Affairs of Hunan Province, No. 276, Dongfeng Road, Kaifu District, Changsha

Telephone: 0731-84502080

Buses: No.112, No.136, No.150, No.302, No.901, No.146

Bus Stop: Xiada Long

2.Hong Kong and Macao resident who wants to get divorced with a Hunanese from Changsha, Chenzhou, Shaoyang, or Yongzhou city can have the registration done at the above mentioned office. Otherwise, they will have the registration done at specific city’s marriage registration office.

Chinese source: zwfw-new.hunan.gov.cn; gov.cn