From: Tenquestions and answers on registration and divorce of transnational marriage,by Xuhui Court, Shanghai, China
Answer: In terms of marriage registration, China's "marriage registrationregulations" stipulates that the civil affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the central government or the civil affairs departments of the people's governments of provinces, autonomous regions, and municipalities directly under the central government determine the authorities for marriage registration between Chinese citizens and foreigners, mainland residents and Hong Kong residents, Macao residents, Taiwan residents, and overseas Chinese. For example, in Shanghai, both parties need to go to the Shanghai Civil Affairs Bureau to register foreign-related marriages.
However, not all foreign-related marriages can be handled through thesystem of the China Civil Affairs Bureau. In order to register for divorce in the civil affairs system of China, first of all, both parties are registered for marriage in the Civil Affairs Bureau of China (the marriage registration ordinance stipulates that their marriage registration is not handled in mainland China, and the marriage registration authority will not accept divorce registration). Secondly, one party is a Chinese citizen (the marriage registration ordinance stipulates that both men and women should jointly go to
the marriage registration authority where the permanent residence of mainland residents is located to handle divorce registration). Thirdly, both parties reached an agreement on divorce, child rearing, property division, etc.
This has produced an interesting phenomenon, that is, two foreigners whohave lived in China for a long time can register marriage in China, but can't register divorce in China.
The reference basis is the opinions of the Ministry of Civil Affairs onSeveral Issues concerning the implementation of the marriage registration regulations:
VIII、On the marriage registration of both parties who are not mainland residents If both parties areforeigners and require marriage registration in the mainland, if the party can produce the corresponding certificates and supporting materials stipulated in the marriage registration regulations and the certificate that the party's home country recognizes the effectiveness of its residents' marriage registration abroad, the registration authority with the authority to handle foreign-related marriage registration in the place where the party works or lives shall accept it.