According to the article 13 to 16 of the interpretation of the Supreme People's Court on the Civil Procedure Law of the People's Republic of China, foreign-related marriage cases mainly involve two factors: first, nationalities of both parties to marriage; second, place of marriage. As long as there is one factor that is not related to foreign affairs, the people's court will have jurisdiction. If both factors are foreign-related, that is, the plaintiff and the defendant are foreigners and the place of marriage is abroad, the plaintiff and if the defendant both choose the jurisdiction of the people's court, only then can the people's court accept it.
Overseas Chinese who marry in China and settle abroad, If the court of the country of settlement do not accept the divorce proceedings on the ground that the divorce proceedings must be subject to the jurisdiction of the court of the place where the marriage engaged, the party initiates divorce proceedings to people's court and it is under the jurisdiction of the place of marriage or the last place of residence of one party in China.
For overseas Chinese who marry and settle abroad, if the court of the country of settlement does not accept the divorce proceedings on the ground that the divorce proceedings must be subject to the jurisdiction of the court of the country to which the nationality belongs, the party should file a divorce suit with the people's court and will be under the jurisdiction of the people's court of the place of origin of one party or the last place of residence in the country. If one party is a Chinese citizen living abroad and the other party lives in China, no matter which divorce proceedings are filed with the court the people's court of the place of residence of the domestic party shall have the jurisdiction. If a foreign party sues in the court of the country where they have settled, and the domestic party sues in the people's court, the people's court shall have the jurisdiction. If both Chinese citizens are abroad but not settled, and one party files a lawsuit for divorce in the people's court, it shall be under the jurisdiction of the people's court of the place where the plaintiff or the defendant has their original residence.