Many people want to know how to marriage in China. What can I do if I want to marry a Chinese girl or boy. Here you can find your answer:
Marriage and divorce in China
MARRIAGE IN CHINA
1、Statutory marriageable age in China
The man should reach 22years of age and the woman 20years of age.
2、Circumstances when marriage is forbidden
The man and the woman are lineal relatives by blood,or collateral relatives by blood up to the third degree of kinship;
The man or the woman is diagnosed with a disease which is improper for marriage.
3、Circumstances of invalid marriage bigamy;
The man and the woman are of a relative relationship which is forbidden for marriage;
The man or the woman is diagnosed with a disease which is improper for marriage,and the disease is not cured after they got married;
The man or the woman had not reached the legal age for marriage .
4、Annulment of marriage
A marriage can be annulled when one party was coerced into marriage.
Article 11 where marriage is contracted by coercion,the coerced party may appeal to the marriage registration office or the people’s court for annulment of such marriage.Such an appeal for annulment of marriage made by the coerced party shall be submitted within one year from the date of marriage registration.Where the party concerned whose personal freedom is illegally restrained ,such an appeal for annulment of marriage shall be submitted wihtin one year from the date of the restoration of the personal freedom.
5、Rights and duties of husband and wife
Rights
Both husband and wife shall have the right to use his or her own surname and given name;
Both husband and wife shall have the freedom to engage in production and other work,to study ,and to participate in social activities;neither party may restrict or interfere with the other party;
Husband and wife shall enjoy equal rights in the disposition of their jointly owned property;
Husband and wife shall have the right to inherit each other’s property.
Duties
Both husband and wife shall have the duty to practice family planning;
Husband and wife shall have the duty to maintain each other intending to maintain the stability of the marital relationship.
DIVORCE IN CHINA
6、Circumstances when a divorce shsall be granted
Where one party commits bigamy or cohabits with another person of the opposite sex;
Where one party indulges in family violence or mistreats or abandons family menbers;
Where one party indulges in gambling ,taking drugs ,or other behaviors and refuses to correct after repeated persuasion;
Where both parties have separated from each other for two full years for lack of mutual affection;
Other cases which lead to the shattering of affection between husband and wife.
7、A husband may not apply for a divorce when
His wife is pregnant ;
Within one year after the birth of a child;
Within six months after the termination of his wife’s gestation.
8、The following property acquired by the husband and the wife during the period in which they are under contract of marriage shall be their joint possession.
Wages and bonuses;
Proceeds of production and business operations;
Income from intellectual property rights;
Property acquired from inheritance or presentation ,with the exception of such property as stipulated by the provisions of the third item of Artcle 18 of this law;
Other property which should be in their joint possession. Husband and wife shall enjoy equal rights in the disposition of their jointly possessed property.
9、The property in the following cases shall belong to one party of the couple
The property that belongs to one party before marriage;
Payments for medical ex penses received by one party who suffers physical injury,subsidies for living expenses granted to the disabled subsidies ,ect;
The property to be in the possession of one party as determined by a will or by an agreement of a gift;
Artcles for daily use specially used by one party.
10、Application of law concerning marriage between foreigners and Chinese citizens.
In accordance with the provisions of the General principles of the civil law, the marriage of a citizen of the people’s republic of china to a foreigner shall be bound by the law of the locality where they get married ,while a divorce shall be bound by the law of the locality where a court accepts the case.
