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Documents checklist for a China-connected divorce
This page provides general information only. It is not legal advice and does not create a lawyer-client relationship. A lawyer must review identities, documents, courts, property, evidence, and the specific facts before any conclusion is given.
Quick answer
When it applies
Start with the China court or China document need
Check nationality, residence, where the marriage was registered, China assets, China evidence, child arrangements, and whether a foreign document must be used in China.
Legal boundary
Cross-border matters usually need separate steps
Overseas real estate, offshore equity, foreign judgments, custody orders, service routes and authentication may each require a separate route rather than one combined order.
Prepare first
Organise identity, marriage, address, asset, evidence and authorisation records
Documents formed abroad may also need translation, notarisation, Apostille or consular legalisation, and a power of attorney executed in the required form.
1. Identity records
- Passports or identity cards for both parties, with Chinese translations.
- Proof of nationality and, where relevant, evidence of residence or habitual residence in China.
- Household registration (hukou) records where a party is a Chinese national.
2. Marriage records
- The marriage certificate from the place of registration, authenticated and translated.
- Where the certificate is not in Chinese, a certified Chinese translation that reproduces names and dates exactly.
- Any prenuptial or postnuptial property agreement.
3. Residence and service information
- Evidence of the other party's last known address, employer or property in China.
- Any record of communication with the other party — correspondence and messages are relevant to service planning.
- Details of any litigation already started in another country.
4. Assets
- China real estate title records, bank statements, company filings and equity holdings.
- Evidence of overseas assets: statements, title records, company registers, where obtainable.
- Records of transfers that concern you — the timing and destination of a transfer is often the most useful fact in the file.
5. Children
- Birth certificates, with authentication and translation.
- Evidence of caregiving, schooling, medical arrangements and the child's residence history.
- Passports and travel records where custody or relocation is in issue.
6. Authorisation
- A power of attorney appointing a China-admitted lawyer, executed in the required form.
- An Apostille or consular legalisation for documents executed abroad, plus Chinese translations.
- Identity documents for the person signing, so the authority can be verified at filing.
Working rule: gather in the order above. Identity and marriage documents gate everything
else, and asset evidence is only useful once jurisdiction is settled.
Frequently asked questions
Do I need originals or are copies enough?
Scans are enough for the initial review. Court filings normally require originals or properly certified copies of authenticated documents.
What if I cannot find the marriage certificate?
Alternative evidence, including registration records obtained from the issuing authority, is often available. This is a common problem and it is usually solvable.
What if the other party refuses to provide any documents?
A court can obtain records through its own investigation powers, and can compel disclosure in the litigation. Evidence of the other party's obstructive conduct is itself relevant.
Do you accept a matter with no China connection?
No. We only act where the matter has a China connection: a party in China or holding Chinese nationality, domicile, habitual residence or identity documents, or property, a company interest, evidence, a document or an enforcement step located in or directed at China. Where everything — the parties, the assets and the documents — sits outside China and no Chinese court or authority needs to act, a lawyer in that jurisdiction is better placed to help and we would not be the right firm.
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This page provides general information only. It is not legal advice and does not create a lawyer-client relationship. A lawyer must review identities, documents, courts, property, evidence, and the specific facts before any conclusion is given.