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15 July 2015

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Registration for Divorce of a Chinese with a Foreigner (or with A Person from Taiwan)

Item 

Registration for divorce of a Chinese with a foreigner (or with a person from Taiwan) 

Sub-category 

Transaction service 

Legal Basis 

Marriage Law of People's Republic of China; Regulations on Marriage Registration (Decree of the State Council No. 387 on August 8, 2003) 

Accepting Department 

Department of Civil Affairs of Hunan Province 

Responsible Department  

 

Department of Civil Affairs of Hunan Province  

 

Qualifications 

According to the provisions in Regulations on Marriage Registration:  

1. The marriage registration office shall have the right of competency;  

2. Both parties shall come to the marriage registration institution to sue for divorce;  

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. 

Materials Required 

1. A resident of Hunan Province shall provide the original and copy of residence booklet and identification card; a resident from Taiwan shall provide the original and copy of the effective passport and identification card; an overseas Chinese and a foreigner shall provide the original and copy of the effective passport or other effective international travel documents. 

2. Each party shall submit two recent 2-inch half-length bareheaded single photos. 

3. Both parties have the marriage certificate issued by a marriage registration institution in mainland China or a Chinese Embassy or Consulate General in other countries. 

4. Both parties shall sign the divorce agreement, showing that they both consent to get divorced and have reached agreement on child custody and property and debt problems.  

Procedures 

I. Person in charge: the registrar of the Provincial Marriage Registration Office 

 

II. Responsibilities and authorities: 

1. To inspect statements about marital status of both parties;  

2. To check if both parties meet the requirements for divorce;  

3. To issue the divorce certificate. 

 

III. 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; 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 in the marriage law;  

(2) To ask the parties if they consent to get married 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 filling is completed 

 

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 cancel 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.  

  

Acceptable Period of Time 

  

Working hours 

Charge 

Cost for a pair of certificates of registration of marriage: RMB 9 Yuan 

Charging Basis 

Notification on Items and Standards of Administrative Charges in Civil Affairs System by National Price Bureau and Ministry of Finance [1992] Charging No. 249 

Reference Form Download 

Declaration for Divorce Registration Application.doc 

Supervisory Unit 

The Complaint Center on administrative effectiveness of Hunan Provincial People’s Government (Tel: 12342) 

Consultation  

http//hunan.mca.gov.cn 

Tel: 0731-84502080 

Accountability 

According to Chapter Seven of Administrative Permission Law of People’s Republic of China and Chapter Nine of Provisions on the Administrative Procedures of Hunan Province  

Office Time/Address 

8:00 am~12:00 am and 2:30 pm~5:30 pm from Monday to Friday (not including legal festivals and holidays) 

Department of Civil Affairs of Hunan Province, 276 Dongfeng Road, Changsha, Hunan  

Bus Route 

Take buses No. 136, No. 112, No. 146, No. 150, No. 901 and No. 302 to Xiadalong and get off, forward for about 150 meters.