The latest provisions of the Marriage Law, the latest provisions of the Marriage Law

It cannot be understood in this way, the principle of large division of property in divorce is negotiation, and if the negotiation fails, the court will make a judgment, which is the legal basis.

Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the "Marriage Law of the People's Republic of China" (3) Article 10: Where one of the husband and wife signs a contract for the sale and purchase of immovable property before marriage, pays the down payment with personal property and takes out a bank loan, and repays the loan with the joint property of the husband and wife after marriage, and the immovable property is registered in the name of the party paying the down payment, the immovable property shall be disposed of by agreement between the two parties at the time of divorce.

If no agreement can be reached in accordance with the provisions of the preceding paragraph, the people's court may make a judgment that the immovable property belongs to the party whose property rights are registered, and that the loans that have not yet been repaid are the personal debts of the party whose property rights are registered. In the case of divorce, the party registered in the property right shall compensate the other party for the joint repayment of the loan and the corresponding increase in property value between the parties after marriage.

Legal Analysis: The latest marriage law stipulates that men must marry no earlier than 22 years old, and women must marry no earlier than 20 years old.

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 1000 Traces 47 The age of marriage shall not be earlier than 22 years old for men and 20 years old for women.

Article 1048 Marriage is prohibited for direct blood relatives or collateral blood relatives within the 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 in accordance with the agreement between the man and the woman, and the man may become a member of the woman's family.

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.

Legal Analysis: The Civil Code defines the scope of relatives, close relatives, and family members.

Legal basis: Article 1053 of the Civil Code of the People's Republic of China (CPC) Article 1053 If one party suffers from a serious illness, the other party shall be truthfully informed before the marriage is registered; If the other party fails to tell the truth, the other party may apply to the people's court for annulment of the marriage.

A request for annulment of marriage shall be submitted within one year from the date on which the reason for revocation is known or should have been known.

Legal analysis: With the promulgation of the Civil Code in 2020, the Marriage Law in the traditional sense has become the fifth title of the Civil Code, which will come into effect on January 1, 2021.

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

Article 1041: Marriage and family are protected by the state.

Freedom of marriage, monogamy, and equality between men and women are practiced.

Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.

Article 1042:Arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage are prohibited. It is forbidden to solicit money or property under the pretext of marriage.

Bigamy is prohibited. It is forbidden for a spouse to cohabit with another person.

Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

At present, China's "Marriage Law" has been repealed, and the reality is that the "Civil Code" is entitled to Part V of marriage and family, and according to its Article 1041, marriage and family are protected by the state. Freedom of marriage, monogamy, and equality between men and women are practiced. Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.

Article 1042 prohibits arranged marriages, buying and selling marriages and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage. Bigamy is prohibited.

It is forbidden for a spouse to cohabit with another person. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

Article 1043 stipulates that families shall establish a fine family style, carry forward family virtues, and attach importance to the building of family civilization.

Husbands and wives should be faithful, respectful and caring for each other; Family members shall respect the elderly, love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.

Legal basisArticle 1041 of the Civil Code of the People's Republic of China [Basic Principles] Marriage and family are protected by the state. Freedom of marriage, monogamy, and equality between men and women are practiced. Protect the legitimate rights and interests of women, minors, the elderly, and the disabled.

Article 1042 of the Civil Code of the People's Republic of China [Prohibitive Provisions on Marriage and Family] It is forbidden to arrange marriages, buy and sell marriages, and other acts that interfere with the freedom of marriage. It is forbidden to solicit money or property under the pretext of marriage. Bigamy is prohibited.

It is forbidden for a spouse to cohabit with another person. Domestic violence is prohibited. Abuse and abandonment between family members are prohibited.

Article 1043 of the Civil Code of the People's Republic of China [Advocacy Provisions on Marriage and Family] Families shall establish a good family style, promote family virtues, and attach importance to the establishment of family civilization. Husbands and wives should be faithful, respectful and caring for each other; Family members shall respect the elderly, love the young, help each other, and maintain equal, harmonious, and civilized marriage and family relations.