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MARRIAGE

Marriage shall be based on the complete willingness of both man and woman in China.  No party may coerce the other party to enter into marriage, and no third party may interfere with the marriage.

In order to get married, the man shall not be younger than 22 years old and the woman shall not be younger than 20. Late marriage and late child birth shall be encouraged.

Marriage shall be prohibited in any of the following circumstances:

a) If the man and the woman are lineal relatives by blood or collateral relatives by blood up to the third degree of kinship;

b) If either the man or the woman is suffering from any disease that is regarded by medical science as rending a person unfit for marriage.

The man and woman who apply for marriage shall go to the marriage registration authority in person to get registered. If they meet the requirements of this law, they shall be registered and be given a certificate of marriage. The obtaining of a certificate of marriage means the establishment of the relationship of husband and wife.

Those who live as husband and wife without registration shall go through remedial registration procedures.

Having gone through the registration procedures, the woman may become a member of the family of the man and the man may also become a member of the family of the woman, whatever is agreed upon by both parties.

If any of the following circumstances occurs, the marriage shall be invalid:

a) If either party is a bigamist;

b) If both parties are in the kinship that is forbidden from getting married by law;

c) If any party has suffered from any disease that is held by medical science as rending a person unfit for getting married and the disease has not been cured after marriage;

d) If any party has not come up to the legitimate age for marriage.

Divorce

Divorce shall be allowed if both husband and wife are willing to divorce. Both parties shall apply to the marriage registration authority for divorce. The marriage registration authority issues a certificate of divorce after confirming that both parties are indeed willing to divorce and have made proper arrangements for their children and have properly disposed of their property.

Where either the husband or wife applies to get divorced, the departments concerned may make mediations, or he or she may file a suit at the people’s court for divorce.

The people’s court shall make mediations in the process of hearing a divorce suit; divorce shall be granted if mediation fails because mutual affection no longer exists.

Divorce shall be granted if any of the following circumstances occurs and mediation fails:

a) Either party is a bigamist or a person who has a spouse but co-habits with another person;

b) There is family violence or maltreatment or desertion of any family member;

c) Either party is indulged in gambling, drug-abuse or has other vicious habits and refuses to mend his or her ways despite of repeated admonition;

d) Both parties have lived separately due to lack of mutual affection for up to two years;

e) Other circumstances that have led to the nonexistence of mutual affection as husband and wife. If either party has been declared by court as to be missing or the other party applies to be divorced, divorce shall be granted.

The husband may not apply for divorce when his wife is pregnant or within one year after giving birth to a child or within six months after terminating gestation. This restriction shall not apply to the case where the wife applies for divorce or the peoples court deems it necessary to accept the application of the husband for divorce.

If, after divorce, both parties desire to resume their husband-and-wife relationship, they shall go through the registration procedures at the marriage registration authority.

Property

The following properties incurred during the existence of marriage shall be jointly owned by both husband and wife: a) wages and bonuses; b) any income incurred from production or management; c) any income incurred from intellectual property; d) any property inherited or bestowed, with the exception of those as mentioned in Article 18 (c) of this law; e) other property that shall be jointly owned. Both husband and wife shall have equal rights in the disposal of jointly owned property.

The following property shall be owned by either the husband or the wife: a) the pre-marital property that is owned by one party; b) the payment for medical treatment or living subsidies for the disabled arising from bodily injury on either party; c) the articles of living specially used by either party; d) other property that shall be used by either party.

Husband and wife may come to an agreement whether the property incurred during the existence of marriage or prior to marriage to be owned by each party, to be jointly owned or partially owned by each party and partially owned by both parties. The agreement shall be made in written form. Where there is no such agreement or it is not explicitly agreed upon, the provisions of articles 17 and 18 shall apply.

The agreement concerning the property obtained during the existence of marriage and pre-marital property shall be binding upon either party.

Where husband and wife agree to individually own their property, the debt of either the husband or the wife shall be cleared off by the individual property of the debtor if the creditor has the knowledge of the said agreement.
At the time of divorce, both husband and wife shall agree upon the disposal of the jointly owned property; if they fail to come to any agreement, the people’s court shall decide the disposal thereof, taking into consideration the actual circumstances of the property and following the principle of favoring the children and the wife. The rights and interests that both husband and wife enjoy in the contracted management of land shall be protected by law.
At the time of divorce, the debts jointly incurred by both husband and wife for the common life shall be paid out of the jointly owned property. If the jointly owned property is not enough to pay the debts or if the property is individually owned, both parties shall agree upon the payment of the debts. If both parties fail to reach any agreement, the people’s court shall decide on the payment of the debts.

CHILD SUPPORT

If, after the divorce of parents, the children are to be brought up by either party, the other party shall undertake a part or all of the necessary living and education expenses. The amount and term of payment shall be agreed upon by both parties; if no agreement is achieved, the amount and term shall be decided by the people’s court. No agreement or judgment concerning the expenses for the living and education of the children may in no way prevent the children from making reasonable requests, where necessary, to either parent for an amount beyond the amount as determined in the said agreement or judgment.
A natural child shall have the equal rights of a legitimate child, and shall not be harmed or discriminated against by any person. The natural father or mother that does not directly up bring his or her natural child shall undertake the expenses for the living and education of the natural child until the child is able to live an independent life.