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You can type "Interpretation III of the New Marriage Law" on the Internet to see the full text.
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The "New Marriage Law" is a judicial interpretation promulgated by the state on August 12, 2011.
The content is as follows: Article 1: Where a party applies for a declaration of nullity 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 husband and wife file a lawsuit with the people's court requesting confirmation that the parent-child relationship does not exist, and have already provided necessary evidence to prove it, but 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.
Judicial Interpretation 3 of the New Marriage Law correctly adjudicates cases of marriage and family disputes.
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, during the existence of a marital relationship, both parents or one of the parents refuse to perform their obligation to raise their children, and children who are minors or unable to 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 any of the following major reasons and the interests of creditors are not harmed:
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 the real estate owned by one party to the other party, and the donor party revokes the gift before the registration of the change of 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 children, 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.
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Answer: Promulgating Entity: Standing Committee of the National People's CongressDate of Implementation: 2001-04-28 Date of Promulgation: 2001-04-28Timeliness: Now expired.
Note: The Marriage Law of the People's Republic of China will come into effect on 31 December 2020, when it will be replaced by the Civil Code. The effective date of the Civil Code is January 1, 2021.
Marriage Law of the People's Republic of China.
Adopted at the Third Session of the Fifth National People's Congress on September 10, 1980 and amended in accordance with the Decision on Amending the Marriage Law of the People's Republic of China at the 21st Session of the Standing Committee of the Ninth National People's Congress on April 28, 2001).
Chapter I: General Provisions.
Article 1: [Legislative Purpose]This Law is the basic norm for marriage and family relations.
Article 2: [Marriage System] A marriage system of freedom of marriage, monogamy, and equality between men and women is implemented.
Protect the legitimate rights and interests of women, children and the elderly.
Family planning is practiced.
Article 3: [Prohibited Marriage Conduct] 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.
Article 4: [Family Relations] 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.
Chapter 2 Marriage.
Article 5: [Voluntary Marriage] Marriage must be completely voluntary between a man and a woman, and neither party is allowed to force the other party or any third party to interfere with it.
Article 6: [Legal Age of Marriage] The age of marriage must not be earlier than 22 years old for men and 20 years old for women. Late marriage and childbearing should be encouraged.
Article 7: [Prohibition of Marriage] Marriage is prohibited in any of the following circumstances:
1) Immediate blood relatives and collateral blood relatives within three generations;
2) Suffering from a medical illness that is medically deemed unfit for marriage.
Article 8: [Marriage Registration] A man and a woman who wish to marry must register their marriage 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. Obtaining a marriage certificate establishes the relationship between husband and wife. Where marriage registration has not been completed, the registration shall be re-registered.
Article 9: [Mutual Family Members]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, according to the agreement between the man and the woman.
Article 10: [Annulment of Marriage]In any of the following circumstances, a marriage is invalid:
1) bigamy;
2) There is a family relationship that prohibits marriage;
3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage;
4) Those who have not reached the legal age for marriage.
Article 11: [Marriage under Coercion] Where a marriage is entered into due to coercion, the coerced party may request the marriage registration authority or the people's court to revoke the marriage. A request by the coerced party to annul the marriage shall be submitted within one year from the date of registration of the marriage. Where a party whose personal liberty has been unlawfully restricted requests the annulment of marriage, it shall be within one year from the date on which the personal liberty is restored.
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The original text of Articles 17 and 18 of the Marriage Law reads as follows:
Article 17 The following property acquired by husband and wife during the existence of their marital relationship shall be jointly owned by the husband and wife:
1) Wages and bonuses;
2) the income from production and operation;
3) income from intellectual property rights;
4) Property obtained by inheritance or donation, except as provided for in paragraph 3 of Article 18 of this Law;
5) Other property that shall be jointly owned.
Husbands and wives have equal rights to dispose of jointly owned property.
Article 18: In any of the following circumstances, it is the property of one of the husband and wife:
1) the pre-marital property of one of the parties;
2) Medical expenses, living allowances for the disabled, and other expenses received by one party as a result of bodily injury;
3) Property that is determined in the will or gift contract to belong to only one of the husband or wife;
4) Daily necessities for the exclusive use of one side;
5) Other property that shall belong to one side.
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I have answered this question countless times, and it is not the new Marriage Law but the judicial interpretation of the Marriage Law.
Article 10 of Interpretation 3 of the Marriage Law stipulates that if 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 loan from the bank, 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. >>>More
Divorce registration in the Mainland will be adjusted from the current four-step procedure of "preliminary examination-acceptance-examination-registration (issuance)" to a five-step procedure of "application-acceptance-cooling-off period-examination-registration (issuance)". Within 30 days after the expiration of the cooling-off period for divorce, both parties to the divorce registration shall jointly obtain the divorce certificate at the marriage registration office, and if they fail to do so within the time limit, the divorce application shall be deemed to have been withdrawn. >>>More
1) The parties must be legal husband and wife and have full capacity for civil conduct. >>>More
Legal analysis: The Civil Code adds a new circumstance that if one party intentionally squanders the joint property of the husband and wife, the court may order one party to divide less or no share of the property, and at the same time add the situation that if one party has a serious illness and the other party is unwilling to pay the medical expenses, the court may divide less or not divide the joint property. >>>More
The newly revised Marriage Law provides:
If pre-marital property is to be treated as "joint property", the parties must agree on it. The relevant judicial interpretations also stipulate that pre-marital personal property shall not be converted into joint property because of the existence of the marriage. In fact, this abolishes the provision that "the marriage shall last for eight years, and the personal property (real estate) before the marriage shall be regarded as joint property" that had been provided in the previous judicial interpretations. >>>More