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Marriage Law of the People's Republic of China 1

  • Time:2018-01-05
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Marriage Law of the People's Republic of China (Rev)
Adopted at the Third Session of the Fifth National People's Congress, September 10, 1980
Revised according to the "Decision on Amending the Marriage Law of the People's Republic of China (the "Marriage Law")" made at the 21st Session of the Ninth National People's Congress Standing Committee, April 28, 2001
CHAPTER I: GENERAL
Article 1: This Marriage Law sets the basic principles governing marriage and family relations.
Article 2: The marriage system of the People's Republic of China ("PRC") shall follow the principles of freedom of marriage, monogamy and equality between husband and wife.
The legitimate rights and interests of women, children and aged people shall be given priority.
Family planning shall be practiced.
Article 3: Any arranged or mercenary marriage or any other act of interference with the freedom of marriage is prohibited. Any demand for money or any other benefit as a prerequisite for marriage is prohibited.
Bigamy is prohibited. Cohabitation of a married person with any third party is prohibited. Domestic violence is prohibited. Abuse or abandonment of any family member is prohibited.
Article 4: Each party to a marriage shall be loyal to and respect the other. Between and among the family members, any aged member shall be respected and any child shall be cared for, and each shall assist and help any other, to maintain equal, harmonious and civilized marriage and family relations.
CHAPTER II: CONDITIONS FOR MARRIAGE
Article 5: An unmarried man and an unmarried woman may marry each other out of their free will, and no third party may interfere with their marriage by coercion or otherwise.
Article 6: A man above the age of 22, or a woman above the age of 20, may enter into marriage. Late marriage or childbirth should be given priority.
Article 7: A man and a woman may not marry each other, if:
(1) they are lineal relatives, or collateral relatives within three generations; or
(2) either the man or the woman is suffering from any disease and marriage is deemed inappropriate for him/her in medicine.
Article 8: Both the man and the woman intending to marry each other shall appear in person before the competent marriage registrar to have their marriage registered. The competent marriage registrar shall register the marriage and issue a marriage certificate if the marriage to be registered is in compliance with this Marriage Law. The marriage relationship shall become valid upon the issuance of the marriage certificate. Any couple living together without marriage registration shall have their relationship registered as marriage.
Article 9: Upon the registration of their marriage, the woman may become a member of the man's family or the man may become a member of the woman's family, subject to their agreement.
Article 10: Any marriage between a man and a woman shall be invalid if:
(1) the marriage is bigamy in nature;
(2) the man and the woman are prohibited from entering into marriage due to their kinship;
(3) marriage is deemed inappropriate for either the man or the woman in medicine due to his/her disease which has not been cured; or
(4) either the man or the woman is under the legal age of marriage.
Article 11: A man or a woman who was coerced into marriage may request the competent marriage registrar or court to cancel his/her marriage. Such a request shall be filed within one year as of the date of marriage registration. A married person whose personal liberty is restricted may file such a request within one year as of the date of regaining liberty.
Article 12: Any invalid or cancelled marriage was, is and will not be effective or binding, and neither party to such marriage shall have any right or obligation as husband or wife. The property obtained during their cohabitation shall be divided upon mutual agreement, or subject to an order given by the people's court of jurisdiction in favor of the innocent party in case of failure to reach an agreement. The division of the property in case of an invalid marriage due to bigamy shall be without prejudice to the property rights and interests of any party to any legitimate marriage. The provisions of this Marriage Law in respect of the rights and obligations of parents and children shall be applicable to any child of the parties to any invalid or cancelled marriage.
To be continued.
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