Is an international marriage subject to the laws of both countries?

Updated on society 2024-03-03
17 answers
  1. Anonymous users2024-02-06

    Yes, a transnational marriage must be subject to the laws of both countries, and it is subject to the laws of both countries, so you can familiarize yourself with the laws before choosing.

  2. Anonymous users2024-02-05

    Law of the People's Republic of China on the Application of Laws to Foreign-Related Civil Relations.

    Article 21: The law of the place of common habitual residence of the parties shall apply to the conditions for marriage; If there is no common habitual residence, the law of the country of common nationality shall apply; Where there is no common nationality and a marriage is contracted in the place of habitual residence or nationality of one of the parties, the law of the place where the marriage was concluded shall apply.

    Article 22: Marriage formalities are valid if they comply with the law of the place where the marriage is concluded, the law of the place where one of the parties habitually resides, or the law of the country of nationality.

    Nationality Law of the People's Republic of China.

    Article 4 Both parents or one of the parents are Chinese citizens, and they were born in China and have Chinese nationality.

    Article 5 Both parents or one of the parents are Chinese citizens, born in a foreign country, and have Chinese nationality; However, if both or one of the parents is a Chinese citizen and has settled in a foreign country, and the person has foreign nationality at birth, he or she does not have Chinese nationality.

  3. Anonymous users2024-02-04

    Of course, you must abide by the marriage and the laws of the two countries if you are monogamous, and you can't violate the law, which is unfair to each other.

  4. Anonymous users2024-02-03

    It depends on which international it is, and no matter which nationality it is, it should be increased to abide by the laws of that country.

  5. Anonymous users2024-02-02

    I just helped you check the information related to you, and you only need to follow the laws of the man's country.

  6. Anonymous users2024-02-01

    My marriage is not to abide by the laws of the two countries, I think you should obey the laws of the country wherever you go.

  7. Anonymous users2024-01-31

    Cross-border marriages must abide by the relevant laws and regulations of the country of residence.

  8. Anonymous users2024-01-30

    In a cross-border marriage, you should abide by the laws of the country in which you settle down.

  9. Anonymous users2024-01-29

    Hello, transnational marriage, the main thing is to comply with the law of the country where the hukou is located!

  10. Anonymous users2024-01-28

    Is an international marriage subject to the laws of both countries? Yes, yes, transnational marriages are subject to um, the laws of the two countries, and then the marriage is exercised in accordance with the laws of the two countries.

  11. Anonymous users2024-01-27

    Is marriage subject to the laws of both countries? I think it should be to comply with the laws of both countries.

  12. Anonymous users2024-01-26

    The country in which the family is residing in an international marriage is subject to the laws of one country.

  13. Anonymous users2024-01-25

    Yes, it is allowed. There are relevant laws and regulations on foreign-related marriages in China and abroad, so don't believe the rhetoric of the introducer to avoid being deceived.

    1. What are the aspects of foreign-related marriage notarization?

    Foreign-related marriage notarization includes four types of notarization: marriage notarization, unmarried notarization, non-remarriage notarization and divorce notarization.

    1. Marriage notarization, the applicant for marriage notarization should generally handle it in person, and if the applicant cannot handle it in person, he or she can entrust others to handle it and submit relevant documents and materials.

    2. Unmarried notarization, the unmarried notary party must go to the notary office in person to issue a declaration of unmarried marriage in front of the notary public and submit the corresponding materials. The applicant may also go to the civil affairs department where his household registration is located to issue a certificate of no marriage registration record and submit it to the notary office, which will issue a notarial certificate that the copy of the certificate of no marriage registration record is consistent with the original.

    3. Notarization of non-remarriage, the parties to the notary must go to the notary office in person to issue a declaration of non-remarriage in front of the notary public and submit the corresponding materials.

    4. Divorce notarization, the applicant for divorce notarization should generally handle it in person, and if the applicant cannot handle it in person, he or she can entrust others to handle it and submit relevant documents and materials.

    2. What are the formalities required for a foreign-related marriage?

    1. Chinese citizens should hold the following documents: their household registration certificate; A certificate issued by the county-level people** of the place where the person's household registration is located or the county-level or above organs, schools, public institutions, or enterprises of the work unit that records the person's basic information and who he is married to.

    2. Foreigners must hold the following documents: their passports or other identity and nationality certificates; Foreigner's Residence Permit issued by the public security organ, or an identity document issued by the foreign affairs department, or an entry or residence permit for temporary visitors to China, a certificate of marital status issued by a notary public in the country legalized by the country's embassy or consulate in China, or a certificate of marital status issued by the country's embassy or consulate in China.

    3. If one of the foreigners is an overseas Chinese, he or she must hold the following documents: his or her passport or identity in lieu of a passport, nationality certificate (stateless persons are exempted), Foreigner's Residence Permit issued by the public security organ, and a certificate issued by the relevant unit in the place where his or her household registration is located.

    In addition, the man and woman applying for marriage must also submit a certificate of premarital health examination issued by a hospital designated by the marriage registration authority.

    Chinese citizens and foreigners who apply for marriage registration must submit an application to the marriage registration authority with relevant documents and their own **. Where upon examination by the marriage registration management organs, it meets the requirements of the Marriage and Family Law of the People's Republic of China and the provisions of the Ministry of Civil Affairs on the registration of foreign-related marriages, the registration shall be approved, and the registration formalities shall be completed within one month, and a marriage certificate shall be issued. Where registration is not done in accordance with law, the parties shall be informed of the reasons for not registering.

  14. Anonymous users2024-01-24

    The parties to a transnational marriage may be of different nationalities or the parties of the same nationality but the marriage or divorce is in a foreign country, in which case it is necessary to understand the laws of the host country, otherwise, there may be a possibility of "breaking the marriage" (i.e., a legal marriage or legal divorce in one country, and an illegal marriage or divorce in another country).

    2) Choose the law that is most beneficial to you.

    Civil codes vary from country to country, and the application of different laws may lead to different results. Since the effectiveness of the law is geographically limited, the applicable law is likely to be in the best interest of the parties as long as they appropriately change the place of conduct or the place of the proceedings.

    One way to do this is to choose the place of action, i.e. to choose a country that is in your favour to enter into a marriage or to file for divorce. Another way is to choose the forum, and when the parties cannot settle the marriage through negotiation, it is generally necessary to settle the matter through the court. Under normal circumstances, courts hear cases in accordance with the laws of their own countries, but this is not necessarily the case when hearing foreign-related civil cases.

    While the laws of several countries may apply, most countries have a specific set of rules for dealing with them. This choice of law or the rule of law application is known as private international law (also known as conflict of laws). The court determines the applicable law in cases of foreign marriages in accordance with this set of rules.

    The chosen law is the "applicable law", which is the substantive law that directly regulates the rights and obligations of the parties.

    Due to the differences in the private international law of various countries (for example, some countries stipulate that divorce shall be governed by the law of the parties' own country, while others stipulate that the law of the forum shall be applied), the substantive law applied is different, and the results are also different. Of course, whatever way the law is chosen, it must be done in good faith so as not to invalidate its acts.

    3) Recognition and enforcement of judgments.

    When a judgment rendered by a court in one country may need to be enforced in another country (e.g., payment of alimony, division of marital property, etc.), the parties should consider in advance whether the judgment in their favor can be recognized and enforced after the cause of the judgment. Otherwise, no matter how good the verdict is, it will be a dead letter. The conditions for the recognition and enforcement of foreign legal judgments (including awards) vary from country to country.

    Judging from the judicial agreements concluded between China and foreign countries, the conditions for the recognition and enforcement of foreign court judgments in China are: the court that rendered the judgment has jurisdiction in accordance with its own domestic law, the court that rendered the judgment has selected the jurisdiction in accordance with the private international law of the country, the judgment has entered into force, the respondent has been lawfully summoned, and the enforcement of the judgment does not affect China's sovereignty, security and public order.

  15. Anonymous users2024-01-23

    The registration procedures for transnational marriages are as follows: both men and women who are voluntarily married go to the marriage registration office with jurisdiction to apply for an application; Bring these documents: ID card or other proof of identity

    Proof that both parties are spouseless; The parties do not have proof of kinship that is prohibited from marriage in our country; The registration authority will review the code protector's photo, etc., and the review will be passed.

    Article 5 of the Marriage Registration Regulations stipulates that a Mainland resident who has registered his or her marriage shall present the following documents and supporting materials: (1) his/her household registration booklet and identity card; (2) A signed statement that the person has no spouse and has no direct blood relatives or collateral blood relatives within three generations with the other party. Hong Kong residents, Macao residents, and Taiwan residents who have gone through marriage registration shall present the following documents and supporting materials:

    1) Valid pass and ID card; (2) A statement notarized by a notary public at the place of residence that the person has no spouse and that he or she has no direct blood relatives or collateral blood relatives within three generations with the other party.

  16. Anonymous users2024-01-22

    Legal Analysis: If a Chinese citizen and a foreigner (including foreigners residing in China for a long time and coming to China temporarily, foreign Chinese, and overseas Chinese residing in China) voluntarily marry in China, both the man and the woman must jointly apply for registration at the marriage registration authority designated by the people of the province, autonomous region, or municipality directly under the Central Government where one of the Chinese citizens has a household registration. Both men and women who apply for marriage registration must abide by the Marriage Law of the People's Republic of China and the relevant provisions of these Provisions.

    Chinese citizens and foreigners, compatriots from Hong Kong, Macao and Taiwan, overseas Chinese and persons going abroad who apply for marriage shall not be earlier than 22 years old for men and 20 years old for women. Each of the following documents must be present:

    1. Chinese citizens:

    1) Household registration certificate (including ID card);

    2) A certificate of my name, gender, date of birth, ethnicity, marital status (unmarried, divorced, widowed), occupation, nature of work, and who to marry with issued by the county-level people** of the place of residence or the county-level or above organs, schools, institutions, and enterprises of the unit where I work.

    2. Foreigners:

    1) Passport or other identity and nationality documents;

    2) Foreigner's Residence Permit issued by the public security organ, or identity document issued by the foreign affairs department, or entry or residence permit for temporary arrival in China;

    3) Proof of marital status by *** (or *** authorized authority) in the country of ***.

    3. Foreign nationals:

    1) Identity and nationality documents of the applicant or in lieu of a passport (exempted for statelessness).

    2) Foreigner's Residence Permit issued by the public security organ;

    3) A certificate of my name, gender, date of birth, marital status, occupation, and who I am applying for marriage issued by the county-level people** of the place where I am registered or the county-level organs, schools, institutions, and enterprises of the unit where I work.

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

    Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

    Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

    Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

    Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

    Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.

    Article 1051 Marriage shall be null and void under any of the following circumstances:

    a) bigamy; 2) Have a family relationship that prohibits marriage;

    3) They have not reached the legal age for marriage.

  17. Anonymous users2024-01-21

    The marriage certificate for a cross-border marriage is either in China or in the country where the other party is registered. If it is in the country where the other party is domiciled, then it is necessary to follow the relevant marriage registration regulations of the other party's country of domicile.

    The procedures for cross-border marriage are as follows:

    1. Both parties go to the marriage registration authority in the place where the permanent residence of the mainland resident is located to complete the marriage registration;

    2. The foreigner should bring his or her valid passport, as well as a certificate issued by a notary public or competent authority of the country where he or she is located and certified by the relevant authorities, or a certificate of no spouse issued by the embassy (consulate) of the country where he is located;

    3. Ask whether both parties are willing and have the substantive requirements for marriage;

    4. For those who meet the requirements, registration and issuance of certificates will be granted on the spot.

    To sum up, both the man and the woman shall jointly go to the marriage registration authority at the place where the permanent residence of the Mainland resident is located to complete the marriage registration, and the foreigner who goes through the marriage registration shall present his or her valid passport or other valid international travel documents; and certified proof that I have no spouse.

    Legal basis]:

    Article 1046 of the Civil Code of the People's Republic of China.

    Marriage shall be completely voluntary between the man and the woman, and neither party shall be allowed to coerce the other party to make a contribution, and it shall not be interfered with by any organization or individual.

    Article 1047.

    The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

    Article 1048.

    Marriage is prohibited between lineal blood relatives or collateral blood relatives within three generations.

    Article 1049.

    A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration office. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.

    Article 1000.

    After the marriage is registered, the woman may become a member of the man's family and the man may become a member of the woman's family according to the agreement between the man and the woman.

    Article 1051.

    Marriage is null and void under any of the following circumstances:

    a) bigamy; 2) Have a family relationship that prohibits marriage;

    3) They have not reached the legal age for marriage.

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