Not Divorced from a Foreign National: Is it Legal to Marry Someone Else?

According to the provisions of Article 8 of the 2014 Law on Marriage and Family regarding the conditions for marriage:

- Men and women getting married must comply with the following conditions:

+ Men must be at least 20 years old, women must be at least 18 years old;

+ The marriage is voluntarily decided by the man and the woman;

+ Not losing civil act capacity;

The marriage does not belong to one of the prohibited cases as stipulated in points a, b, c, and d of Clause 2, Article 5 of this Law.

- The State does not recognize same-sex marriage.

And at Point c, Clause 2, Article 5 of the 2014 Law on Marriage and Family, the following acts are prohibited:

Persons who are married and get married or live as husband and wife with another person, or persons who are not married and get married or live as husband and wife with a person who is married;

Thus, in your case, previously having married a foreigner but not yet divorced, you are not eligible to marry someone else and must proceed with the divorce procedures with that Chinese person first.

Respectfully!