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Step 1: Anchor the Habitual Residence
The primary factor for a court in determining the closest connection is the center of the parties' lives. You need to prove continuous residence in China for over a year, which can be demonstrated through utility bills, property management statements, or employment contracts.
Success Indicator: The court accepts the submitted proof of residence and officially dockets the case.
Common Mistake: Relying solely on passport entry/exit records without providing a residence registration certificate from the community or local police station.
Real Case: Breaking Through Jurisdictional Barriers When a Passport Fails to Prove "Being Abroad"
The wife was living in the UK, and the husband wanted to file for divorce in China, but the court did not accept passport records as the sole evidence. YuanJia's lawyers guided the husband to obtain a residence certificate in the wife's registered household location, successfully creating a "dual jurisdiction" connection point and persuading the wife to participate in online mediation via WeChat.
Key Insight: Proving a "connection" isn't just about the passport. Using supplementary methods like obtaining a residence certificate can forcefully anchor a jurisdictional connection point.
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Step 2: Identify Cross-Border Asset Connection Points
If major assets (such as real estate, company shares) are located in China, Chinese courts are generally considered to have the convenience to handle the dispute. For foreign assets, their enforceability must be assessed.
Success Indicator: The court divides domestic assets in its judgment and reaches a consensus on the characterization of foreign assets.
Common Mistake: Failing to have foreign asset documents notarized and authenticated, leading to the evidence being inadmissible in court.
Real Case: The Real Estate Gambit in a China-Japan International Divorce
Both parties had lived in Japan for a long time, with their main assets in Japan. YuanJia's lawyers used the fact that the Japanese property was under bank receivership to persuade the Chinese court not to handle the foreign property, thereby protecting the husband's wish not to divide it.
Key Insight: When determining the closest connection, courts consider the enforceability of assets. If foreign real estate has title defects, courts are generally inclined not to deal with it.
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Step 3: Use Technology to Overcome Geographical Barriers
When the location of the closest connection is disputed, you can demonstrate the efficiency advantage of resolving the dispute in China through efficient online hearings and digital tools.
Success Indicator: The foreign party completes identity verification and signs the mediation agreement through a remote system.
Common Mistake: Overlooking the technical barrier that foreign nationals without a Chinese mobile number cannot log into the system.
Real Case: The "Three-Day Express Divorce" for an Iranian Client
The husband was in Iran and did not speak Chinese. YuanJia's lawyers provided their own account for his verification and hired a professional Persian translator, completing the entire process from filing to closing the case within 10 days.
Key Insight: By leveraging technology and professional translation, the efficiency advantage of Chinese courts as a dispute resolution venue can be quickly established.