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Regulations on marriage and divorce

Updated: 2017-11-08 (en.safea.gov.cn) Print

I.Marriage

Marriage between Chinese citizens and foreigners refers to marriage between Chinese citizens and foreign nationals, including Chinese holding foreign nationality, foreign nationals and stateless persons residing in China. Same sex marriages are forbidden in China.

Legal basis

According to Article 147 of the General Principles of the Civil Law of the People's Republic of China, marriage of a Chinese citizen to a foreigner shall be bound by the law of the place where they get married. Marriages in China, regardless of the nationality of those being married, are registered according to the laws of China.

Marriage registration authority

Under the current marriage law of the People's Republic of China, marriage registration is administered by the local offices of civil affairs.

The appropriate marriage registration office shall be the one designated by the province, autonomous region, or municipality directly under the Central Government, and the one that is stationed in the locality where the residency (hukou) of the Chinese citizen is registered.

Qualifications of marriage between Chinese citizens and foreigners

1) Both reach the legal marital age, i.e. no earlier than 22 for male, no earlier than 20 for female.

2) Both are voluntary and single.

3) Without the relationship of linear consanguinity or of collateral consanguinity within the third generation each other.

4) Both have no diseases leading to prohibition or postponement of marriage by law.

These Chinese citizens are not permitted to marry foreigners:

1.Army men in active service, diplomatic personnel, public security personnel, confidential personnel, and other personnel who are in charge of important confidential work.

2.People who are receiving reeducation through labor or serving a sentence.

Rights of husband and wife

1.Both husband and wife shall have the right to use his or her own surname and given name.

2.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.

3.Husband and wife shall enjoy equal rights in the disposition of their jointly owned property.

4.Husband and wife shall have the right to inherit each other's property.

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