I would like to know what the new marriage law is all about

You can go to your local civil affairs bureau and ask for a copy of the new marriage law!

Legal analysis: The new provisions of the new marriage law prohibit a spouse from cohabiting with another person. Domestic violence is prohibited.

Husbands and wives should be faithful to each other and respect each other; Family members shall respect the old and love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations. Where marriage registration has not been completed, the registration shall be re-registered.

Legal basis: Civil Code of the People's Republic of China

Article 3: It is forbidden for a person with a spouse to cohabit with others. Domestic violence is prohibited.

Article 4: Husbands and wives shall be faithful to each other and respect each other; Family members shall respect the old and love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.

Article 8: Where marriage registration has not been completed, the registration shall be supplemented.

The relevant provisions of the new Marriage Law on divorce include that both parties to voluntary divorce should go to the marriage registration authority. The lawsuit for divorce is filed in court. If the court finds that the relationship between the husband and wife should break down and mediation fails, it shall make a judgment for divorce.

In general, the husband cannot file for divorce during the woman's pregnancy, within one year after childbirth, or within six months after the termination of pregnancy.

1. What are the relevant provisions of the new Marriage Law on divorce?

1.If both a man and a woman divorce voluntarily, the divorce shall be granted. Both parties must apply for divorce at the marriage registration office. A divorce certificate is issued when the marriage registration authority ascertains that the parties are indeed willing and that the issues of children and property have been properly addressed.

2.If a man or a woman requests a divorce, the relevant departments may mediate or directly file a divorce lawsuit with the people's court.

3.People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce should be granted.

4.The man may not file for divorce during pregnancy, within one year after childbirth, or within six months of the termination of pregnancy. This restriction does not apply if the woman files for divorce, or where the people's court deems it truly necessary to accept the husband's request for divorce.

5.After the divorce, the parent who does not directly raise the child has the right to visit the child, and the other parent has the obligation to assist. The method and time for exercising visitation rights are to be agreed upon by the parties; If the agreement is not reached, the people's court shall make a judgment.

Where a parent's visit to a child is detrimental to the child's physical and psychological health, the people's court is to suspend the right to visit in accordance with law; When the reason for the suspension disappears, the right to visit shall be restored.

2. What are the materials required for divorce in litigation?

The documents required for a one-party divorce are:

1.Petition for divorce;

2.Marriage certificate;

3.ID cards of both parties, birth certificates of children;

4. List of financial rolling products. 7.After the trial, if the parties are unable to mediate, the court will make a judgment based on the ascertained facts and in accordance with the law. The service of judgment means the end of the divorce proceedings in the first instance.

The Civil Code of the People's Republic of China.

Article 1063.

The following property is the personal property of one of the spouses:

1) the pre-marital property of one of the parties;

2) Compensation or compensation received by one party for personal injury;

3) Property that is determined in a will or gift contract to belong to only one party;

4) Daily necessities for the exclusive use of one side;

5) Other property that shall belong to one side.

The Supreme People's Court on Application.

Interpretation of Several Issues Concerning the Marriage Law of the People's Republic of China (3).

Adopted at the 1525th meeting of the Adjudication Committee of the Supreme People's Court on July 4, 2011).

In order to correctly hear cases of marriage and family disputes, in accordance with the "Marriage Law of the People's Republic of China", the "Civil Procedure Law of the People's Republic of China" and other relevant laws and regulations, the following interpretations are made on the relevant issues concerning the application of the Marriage Law by the people's courts:

Article 1: Where a party applies for a declaration of invalidity of marriage under circumstances other than those provided for in article 10 of the Marriage Law, the people's court shall make a judgment rejecting the party's application.

Where a party initiates a civil lawsuit on the grounds that there is a flaw in the marriage registration procedure and claims to revoke the marriage registration, inform them that they may apply for administrative reconsideration or initiate an administrative lawsuit in accordance with law.

Article 2: Where one of the husband and wife files a lawsuit with the people's court requesting confirmation that the parent-child relationship does not exist, and has already provided necessary evidence to prove it, and the other party refuses to have a paternity test without evidence to the contrary, the people's court may presume that the claim of the party requesting confirmation that the parent-child relationship does not exist is established.

Where one party files a lawsuit requesting confirmation of paternity and provides necessary evidence to prove it, and the other party refuses to conduct a paternity test without evidence to the contrary, the people's court may presume that the claim of the party requesting confirmation of paternity is established.

Article 3: Where both parents or one of the parents refuse to perform their obligation to raise their children during the existence of a marital relationship, and children who are minors or cannot live independently request payment of child support, the people's courts shall support it.

Article 4: Where one of the husband and wife requests the division of joint property during the existence of the marital relationship, the people's court will not support it, except where there are the following major reasons and the interests of creditors are not harmed:

1) One party has conduct that seriously harms the interests of the joint property of the husband and wife, such as concealing, transferring, selling, destroying, or squandering the joint property of the husband and wife, or forging the joint debts of the husband and wife;

2) A person with a legal obligation to support one party suffers from a serious illness and needs medical treatment, and the other party does not agree to pay the relevant medical expenses.

Article 5: The income generated by the personal property of one of the husband and wife after marriage shall be recognized as the joint property of the husband and wife, except for the fruits and natural appreciation.

Article 6: Where before marriage or during the existence of a marital relationship, the parties agree to donate real estate owned by one party to the other party, and the donor revokes the gift before the registration of the change in the donated real estate, and the other party requests an order to continue performance, the people's court may handle it in accordance with the provisions of article 186 of the Contract Law.

Article 7: Where immovable property purchased by one of the parents for their children after marriage is registered in the name of the investor's child, it may be regarded as a gift to only one of their children in accordance with the provisions of Article 18 (3) of the Marriage Law, and the immovable property shall be recognized as the personal property of one of the husband and wife.

Where the immovable property purchased by both parents is registered in the name of one of the children, the immovable property may be deemed to be jointly owned by both parties in accordance with the respective parents' share of the capital contribution, unless otherwise agreed by the parties.

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