Resolved Divorce Deadlock Spanning Five Countries
When a cross-border marriage dissolves, can spouses from different nations and residences conclude their union amicably and expediently? Recently, we successfully represented a complex foreign-related divorce case spanning five jurisdictions. This outcome not only provides a resounding affirmative answer but also powerfully demonstrates the core value of professional legal services: forging pathways and dissolving deadlocks amidst formidable challenges.
1. Case Background: A Divorce Dispute Spanning Five Countries
(Identities desensitized to protect privacy)
In this case, the French husband and the British wife married in the U.S. Post-marriage, the wife settled in China while the husband relocated to Canada. Cultural differences and long-term separation quickly eroded their relationship, with both agreeing their marriage was irretrievably broken and beyond reconciliation. Notably, they had no substantive disputes over divorce terms, child custody, or property division. However, navigating the legal initiation process became a major hurdle. Seeking professional guidance, the wife reached out to our team for assistance.
2.Preliminary Analysis: Can a Chinese Court Accept Their DivorceDispute?
A French national and a British national—married in the U.S., with one settling in China and the other moving to Canada post-marriage—had a practical concern: Could a Chinese court handle their divorce dispute?
When the wife consulted us in late 2023, the applicable laws were the 2021 revised Civil Procedure Law and its 2022 judicial interpretation. These regulations had limited provisions on jurisdiction over foreign-related divorce disputes, covering only cases involving overseas Chinese, Chinese citizens residing abroad, and foreign-related contract/property disputes. There were no explicit rules for divorce disputes where both parties are foreign nationals but one resides in China.
Our legal research uncovered key guidance: The 2017Answers to Case Filing Questions (II)(Hugao Fali [2017] No. 5) issued by the Shanghai Higher People’s Court clarifies that jurisdiction over foreign-related divorce disputes hinges on two core factors—nationality and marriage location. For cases where both parties are foreign nationals and married abroad, Chinese courts may accept the divorce dispute if both parties jointly choose Chinese court jurisdiction and such handling is truly necessary. Additionally, Article 277 of the new Civil Procedure Law (effective January 1, 2024) stipulates that if parties to a foreign-related civil dispute (including divorce disputes) explicitly select Chinese court jurisdiction in writing, Chinese courts shall exercise jurisdiction.
Based on these legal foundations, we clearly advised the client that their divorce dispute falls under the jurisdiction of a Chinese court.
3. Deadlock Immediately Before Initiation: Husband Refuses to Complete Required Notarization
After communicating with the wife, we confirmed the wife had long resided and worked in Pudong district of Shanghai, establishing it as her legal habitual residence. We initially advised the husband to file as plaintiff (with the wife as defendant) and represented him to initiate divorce proceedings at the People’s Court of Pudong, Shanghai.
However, legal analysis showed the case required mutual spousal consent to the court’s jurisdiction—not just reliance on the defendant’s habitual residence. Our initial plan to file first, then have the court record both parties’ consent, was blocked: the Pudong Court mandated in-person attendance for this step, barring lawyers from confirming jurisdiction on clients’ behalf.
As the husband was based in Canada and uncooperative, he explicitly refused to travel to China. After repeated communications with the court’s filing window (which consulted leadership), we secured approval: the court would accept the case if the husband submitted a notarized, authenticated statement agreeing to Pudong Court’s jurisdiction and the application of Chinese law, no in-person appearance needed.
We immediately prepared all required documents (statement, power of attorney, complaint, etc.) and pressed the husband to complete the notarization process. Despite repeated promises, he took no action. We also tried to assert jurisdiction under Article 276 of China’s new Civil Procedure Law, citing other appropriate connections to China, but the court rejected this, deeming the provision inapplicable.
The divorce dispute fell into a deadlock that dragged on for 18 months.
4. Key Breakthrough and Breaking the Deadlock
During in-depth case review and communications with the client, we uncovered a critical detail: the husband had committed bigamy during his marriage to our client, exposing him to criminal legal risks. We promptly conducted legal analysis and strategically pressured him by clarifying potential consequences—including criminal liability and lasting impacts on his future. We also exerted pressure on his foreign “current” wife via Instagram.
Facing major legal risks and pressure from his “current” wife, the husband’s attitude shifted dramatically. He agreed to cooperate in preparing notarized documents, including a statement consenting to Pudong Court’s jurisdiction. With these key papers, we re-submitted the filing application to the People’s Court of Pudong New Area, Shanghai, and successfully got the case accepted.
5. Lawyers’ Role in a Cross-Border Divorce Dispute: Professional Solutions to Key Challenges
After resolving jurisdiction and case filing issues in this cross-border divorce dispute, we faced a critical hurdle: Chinese domestic divorce proceedings typically require both spouses to appear in court in person, but the husband was in Canada and unable to travel to China. Our lawyers addressed this efficiently through targeted actions:
（1）Securing Virtual Court Hearings
We communicated extensively with the presiding judge, detailing the divorce dispute specifics and the parties’ practical barriers. This successfully convinced the court to adopt virtual video hearings, cutting down time and financial costs significantly. Identity verification was completed via the husband’s passport, with the wife confirming his identity in person.
（2）Meticulous Pre-Hearing Prep & System Guidance
We assisted both parties in preparing, notarizing and authenticating essential documents (e.g., ID papers, marriage certificates). For the overseas husband, we created a detailed English guide to the virtual court system, ensuring he could access the hearing smoothly and fully exercise his litigation rights.
（3）End-to-End Support During Hearings
Serving as legal representatives and translators, our lawyers used proficient English to help both spouses clearly state their divorce intentions. We collaborated closely with the judge to ensure an efficient, seamless hearing process for the divorce dispute.
6. Satisfactory Result: Efficient Dispute Resolution, Peaceful Separation
Ultimately, the People’s Court of Pudong swiftly issued a civil mediation statement and a divorce certificate based on the hearing, affirming the dissolution of the marriage relationship between the parties and legally serving the documents. A cross-border divorce dispute, once stalled by jurisdictional hurdles, was efficiently, smoothly, and legally resolved through a single online court hearing after lawyers overcame the deadlock with professional expertise and strategic acumen.
7. Case Significance: Professional Value Lies in Resolving Complexities
This case’s impact extends far beyond its immediate outcome, delivering three key takeaways:
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Proving Professional Service Efficiency
Resolving this cross-border divorce dispute relied not only on deep expertise in foreign-related jurisdiction rules but also on lawyers’ ability to distill critical facts from complex scenarios and strategically convert substantive legal risks into procedural leverage. Professional legal services stand as a powerful tool to break deadlocks and create viable solutions.
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Reflecting the Core Value of Legal Services
A lawyer’s value goes far beyond basic paperwork or procedural follow-ups. For this divorce dispute, we provided end-to-end support—from legal analysis, strategy formulation, and risk notification to notarization guidance, court coordination, technical support, and courtroom control. We turned a seemingly impossible goal into a feasible path, addressing the client’s core challenges head-on.
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Highlighting the Openness and Convenience of Chinese Judiciary
Chinese courts, while strictly adhering to legal frameworks, accept parties’ jurisdiction choices via notarization and flexibly utilize remote court hearing technology. This streamlines the resolution of cross-border divorce disputes, fully embodying the openness and efficiency of China’s judicial practice.
Divorce may mark the end of a relationship, but professional legal services can chart a lawful, dignified, and efficient path even in the most challenging divorce disputes. We help clients clear obstacles, transition smoothly, and embrace a new chapter in life—this is the lasting value we, as lawyers, strive to deliver.
Contacts:
Saway Wang
Tel: +86 18017682422
Email: sawaywang@billionslawyer.com
Y&S China Lawyers Helps its Foreign Clients Solve International Trade Disputes
Summary: Y&S China Lawyers, with our experienced and reliable lawyers, helps numerous foreign clients to safeguard their interests and avoid unnecessary losses in international trade disputes.
Have you ever encountered situations while doing business with Chinese companies where you paid for goods to a Chinese supplier, but they refused to deliver or refund? Have you come across suppliers who delivered defective products and refused to compensate? Or perhaps your Chinese partner has refused to pay the contractual fees? If any of these scenarios have occurred, you no longer need to worry about protecting your rights and minimizing losses – Y&S China Lawyer is here to assist you with all these problems!
Y&S China Lawyers is a team of Chinese lawyers and specializing in international trade disputes. These lawyers possess professional academic backgrounds and decades of extensive practical experience; some had even served in Chinese courts. They excel in assisting clients in managing a variety of complex cases and ultimately fulfilling their demands.
Our expertise spans international trade default claims, maritime disputes, and trade remedies. Our services encompass litigation, commercial arbitration, demand letter, commercial negotiation or mediation, and other non-litigation dispute solution. With proficiency in English and a deep understanding of legal frameworks across different jurisdictions, they provide customized solutions for foreign enterprises, multinational corporations, and WFOE entities.
We demonstrate exceptional client responsibility and operational efficiency. When handling trade disputes, we first thoroughly examine the client’s case materials, conduct precise analysis and risk assessment to provide preliminary outcome projections, allowing clients to establish reasonable expectations. Furthermore, we deliver highly competitive pricing solutions to facilitate clients’ decision-making regarding case initiation.
Once a case commences, we promptly assemble all favorable evidence for our client and prepare comprehensive filing materials to submit to the court. Concurrently, we swiftly freeze the opposing party’s accounts to exert pressure for repayment. Throughout the trial proceedings, we respond proactively and act decisively to better safeguard clients’ rights, markedly enhancing the chances of winning the case.
Y&S China Lawyers, with its exceptional professional expertise and a responsible, effective work ethic, has managed hundreds of trade disputes for clients, aiding them in the recovery of hundreds of millions in payments and earning acclaim from both domestic and international clients.
If you are dealing with a similar trade dispute, you can contact Y&S China Lawyers. We have professional lawyers who can assist you in evaluating the case, formulating litigation strategies, and ensuring that your interests are protected. For more information, visit their official website.
Contact Details
Y&S China Lawyers
Email: sawaywang@billionslawyer.com
Phone number: +86 18017682422
City: Shanghai
Country: China
Contact Person: Saway
Find Out How Much a Lawsuit Will Cost in China ?
In most expats’ minds, going to court in China is a daunting prospect that costs a fortune. The actual fees, however, are far more transparent than you thought. Read on to understand how much it will exactly cost for filing a lawsuit in China.
1. Chinese Lawyer Fees Vs.Lawyer Fees in Europe and American
In most European and American countries, lawyer’s fees are charged on an hourly basis. As a result, this type of billing can lead to a lack of clarity in the total price, as the working hours always vary based on the workload, and extra work may be required when unforeseeable circumstances arise during the litigation. Moreover, the hourly rate is so high that the final lawyer’s fee will likely be higher than budgeted.
This is unlikely to happen in China where most local Chinese law firms charge fees mainly based on the claim amount rather than an hourly rate. As a matter of fact, most local governments will issue guiding prices for lawyer’s fees. In the case of Shanghai, the guiding standards of lawyer’s fees are as follows:
For cases involving property relations, the lawyer’s fees for one instance may be charged at a cumulative rate in segments according to the claim amount:
| Claim Amount | Rates for One Instance |
| For the portion of the claim amount up to and including CNY 100,000 | 8% to 12% of the total claim amount. However, if the claim amount is less than CNY 3,000, the lawyer’s fee will be at least CNY 3,000. |
| For the portion of the claim amount over CNY 100,000 up to and including CNY 1 million. | 5% to 7% for the portion of the claim amount |
| For the portion of the claim amount over CNY 1 million up to and including CNY 10 million. | 3% to 5% for the portion of the claim amount |
| For the portion of the claim amount over CNY 10 million up to and including CNY 100 million. | 1% to 3% for the portion of the claim amount |
| For the portion of the claim amount over CNY 100 million | 0.5% to 1% for the portion of the claim amount |
Here’s an example: Let’s say your landlord didn’t return your deposit on your really, really nice apartment, and the claim amount is 400,000 rmb. The lawyer’s fee for one instance would be calculated like this:
The first 100.000 Rmb are charged at 8%, that’s 8.000 Rmb.
The next 300.000 Rmb are charged at 5%, that’s 15.000 Rmb
Comes to a total of 23.000 Rmb.
However, those fees aren’t written in stone and a law firm might negotiate a different fee structure for cases with a high working load, for complex cases, or even based on the financial status of the client, the risks and liabilities that the lawyer and law firm might take, and the lawyer’s social reputation and working competence.
2. Lawyer’s Fees for Criminal Cases
Criminal cases usually don’t have a claim amount, so the calculation works differently. It goes by stages, and it’s a lot more up to the negotiation between you and the lawyer what fees you’ll settle on.
| For the criminal investigation stage: | 1,000-10,000 Rmb for each case |
| For the prosecution stage: | 2,000-10,000 Rmb for each case |
| The first instance stage: | 3,000-30,000 Rmb for each case |
Some lawyers may also choose to charge you by time. The range is huge and you might be quoted anything between 200 rmb and 3,000 rmb per hour. Better negotiate a fixed fee for each stage.
Lawyers may also have their own rates, which may be higher or lower than the above standards. But the above standard may also be used as a reference.
3. How Much are Court Fees?
In the same manner that lawyer fees are subject to the guiding rates, court fees vary depending on the specific cases, the standard of court fees in China is as follows:
For the cases where the claim concerns property relations, the court fee will be charged at a cumulative rate in segments according to the claim amount as follows:
| Claim Amount | Rates for One Instance |
| For the portion exceeding RMB 10,000 to CNY 100,000 | 2.5% of the portion |
| For the portion exceeding RMB 100,000 to CNY 200,000 | 2% of the portion |
| For the portion exceeding RMB 200,000 to CNY 500,000 | 1.5% of the portion |
| For the portion exceeding RMB 500,000 to CNY 1,000,000 | 1% of the portion |
| For the portion exceeding RMB 1,000,000 to CNY 2,000,000 | 0.9% of the portion |
| For the portion exceeding RMB 2,000,000 to CNY 5,000,000 | 0.8% of the portion |
| For the portion exceeding RMB 5,000,000 to CNY 10,000,000 | 0.7% of the portion |
| For the portion exceeding RMB 10,000,000 to CNY 20,000,000 | 0.6% of the portion |
| For the portion exceeding RMB 20,000,000 | 0.5% of the portion |
There are a few exceptions, divorce cases can be slightly more expensive – in the 50-300rmb range, with a 0.5% fee of the value of assets you are fighting over that exceed 200.000rmb.
Cases related to infringement of name, portrait, reputation, honor, or any other right related to personality, the court fee will be 100-500rmb, and 0.5 %- 1% of the compensation amount.
Luckily, there’s an online calculator that helps you calculate the court fees and execution fees. right here
4. The Fee for Preservation
Property preservation means if you sue someone, and you want to make sure that his property cannot transfer during the litigation, then you may apply for property preservation so that the judge will frozen the property. The fees there fore are in the xx to xx Rmb.
Evidence preservation is that when you sue someone, and the defendant has some evidence that is important for the case, but you are afraid that he will destroy the evidence. Then you can apply for evidence preservation, so that the judge will take some measures to avoid him destroying the evidence. The fees there fore are in the range.
| Claim Amount | Rates for One Instance |
| Not more than RMB 1,000 or no property amount is involved | RMB 30 for each case |
| For the portion of more than RMB 1,000 but less than RMB 100,000 | 1% of the portion |
| For the portion of more than RMB 100,000 | 0.5% of the portion (however, the total preservation fee will be capped at RMB 5,000) |
Certainly, you can also use the online calculator (http://www.zjcourt.gov.cn/zjzy/web/fee) as mentioned above to calculate the preservation fee.
5. The Fee for a Guarantee Letter
If you are applying for property preservation, the court will require you to provide a guarantee. The guarantee can be in the form of cash equal to 30% of the value of the preserved property, other property of the same value as the preserved property, or a guarantee letter issued by an insurance company.
Generally, the fee for a guarantee letter is around 0.2% of the value of the preserved property. However, the standard of guarantee letter fees may vary for different insurance companies.
6. Notarization Fee
Pursuant to Chinese law, any documents created abroad need to be notarized and certified. For instance, if you engage a Chinese lawyer while you are not in China, you have to sign the power of attorney outside of China. Then this power of attorney needs to be notarized in the notary office and certificated in the Consulate of China in the country where you sign it. As another example, if you need to provide the payment voucher as evidence in the litigation which is issued by an overseas bank, you have to make the payment voucher notarized and certificated, otherwise, the court may not recognize the validity of this evidence.
In this condition, you will have to pay for notarization fee. The notarization fee will depend on the standard of the country where you notarize the documents.
7. Translation Fee
When the evidence is in a foreign language, it will have to be translated when provided to the court. There are two translation agencies recognized by the Shanghai court for the translation of foreign litigation documents, namely Shanghai SISU Translation Service Co., Ltd and Shanghai Interpreters’ Association. You may visit their official websites for more information and quotations.
8. Do I Need to Pay an Execution Fee When Applying for Execution?
No. You don’t.
Although, if the plaintiff applies for execution after the judgment takes effect, the execution fee has to be paid to the court. However, in practice, the plaintiff does not have to pay for the execution fee in advance. The court will charge the execution fee from the executed properties of the defendant.
As a whole, it doesn’t take much to engage in a lawsuit in China — or, at least, not as much as you thought. Going to court might be a good choice for you to solve disputes and receive proper recompense.
Saway Wang
Email: sawaywang@billionslawyer.com
Tel/Whatsapp: +86 18017682422
