According to the Applied Provisions in the Interim Procedures of the Shanghai Municipality on the Administration of Marriage With a Foreign National, a local resident of the Shanghai Municipality intending to divorce a foreigner shall go to the competent people’s court to file a divorce action.

In the case of a local resident of the Shanghai Municipality who intends to divorce by agreement an Overseas Chinese or a resident of Hong Kong SAR, Macao SAR or Taiwan, or both parties who are Overseas Chinese or residents of Hong Kong SAR, Macao SAR or Taiwan and got married in Shanghai, intend to divorce at their free will and have reached an agreement on the rearing of their children, economic assistance in case of hardship for either party, properties, liabilities and debts, and other issues, both parties filing for divorce shall personally go to the Bureau of Civil Affairs of the Shanghai Municipality to complete any and all formalities necessary for the application of divorce registration, and duly fill in the Application for Divorce Registration and the Agreement for Divorce at Free Will.

The Bureau of Civil Affairs of the Shanghai Municipality shall, within one month upon receipt of such an application, complete the due review and issue notices to come in for the divorce certificate to those qualified applicants who shall, within three months upon the receipt of such notices, go to the Bureau in person together. A claim by either applicant or a claim via an assigned third party is thereby not allowed. Those qualified applicants who fail to go for the divorce certificate in the defined time frame shall re-apply for divorce registration. Any special cause for deferring the time frame to go for the divorce certificate shall be subject to approval whereby provided, however, the deferred period shall not exceed three months.