The new provisions of the 2018 Marriage Law and the new provisions of the 2016 Marriage Law

The 18th Session of the Standing Committee of the 12th National People's Congress (NPC) was held in Beijing from December 21 to 27, and the Draft Amendment to the Population and Family Planning Law was first deliberated and put into force on January 1, 2016. The draft amendment revises the incentive and safeguard measures that are not in harmony with the comprehensive two-child policy, and deletes the provisions on incentives for couples who marry late and have children later, and parents of only children.

According to the current provisions of the Marriage Law and the Regulations on Family Planning, first-married citizens who meet the legal age of marriage are entitled to three days of statutory marriage leave; Those who marry late and marry for the first time can enjoy 15 days of late marriage leave (including 3 days of statutory marriage leave); Second-married persons can only enjoy 3 days of statutory marriage leave, and cannot enjoy late marriage leave.

National regulations on marriage leave.

1. Those who marry according to the legal age of marriage (20 years old for women and 22 years old for men) can enjoy 3 days of marriage leave.

2. Those who meet the age of late marriage (23 years old for women and 25 years old for men) can enjoy 15 days of late marriage leave (including 3 days of statutory marriage leave).

3. If both the man and the woman do not work in the same place at the time of marriage, they may be given travel leave depending on the distance traveled.

4. If you get married during the period of home visit leave (visiting parents), no additional leave will be granted.

5. Marriage leave includes public holidays and statutory leave.

6. Those who remarry can enjoy statutory marriage leave, but cannot enjoy late marriage leave.

At present, there are no new amendments to the Marriage Law. It is not known whether there will be any changes in 2018.

The current law is 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.

Is it illegal to be with someone you're married to?

On April 28, 2001, the 21st Session of the Standing Committee of the Ninth National People's Congress passed the revision of the Marriage Law of the People's Republic of China, and the newly revised Marriage Law came into force on the same day.

On August 12, 2011, the Supreme People's Court issued the latest judicial interpretation of the Marriage Law.

In 2016, no new Marriage Law or related judicial interpretations were promulgated.

There are no amendments to the Marriage Act this year.

Since the first-instance verdict has not broken down, the relationship between the husband and wife has not yet broken down, and it is only possible to get along! Why can a certain party not go home for a long time after the judgment is pronounced, and after half a year, sue for divorce for the second time! [Husband and wife, relationship breakdown] grant divorce???

Since there is no breakdown, both parties should live the life of husband and wife! Why is this a problem??? Between husband and wife!

It's all going hand in hand! It doesn't have to be a miracle in half a year! The human heart is made of meat!

1. A new cooling-off period for divorce has been added. If one of the spouses repents of the divorce after the husband and wife agree to divorce, then the divorce application can be withdrawn within 30 days;

2. After a clear judgment is made that divorce is not allowed, if one party files a divorce lawsuit again, the court will allow the divorce;

3. If one of the spouses squandered the property, the court may give a small or no share of the property to the party who squandered the property at the time of divorce;

4. Implement a marriage system of freedom of marriage, monogamy, and equality between men and women;

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

6. 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;

7. Domestic violence is prohibited. prohibition of abuse and abandonment between family members;

8. Families shall establish a good family style, carry forward family virtues, and attach importance to the construction of family civilization;

9. Spouses, parents, children, siblings, grandparents, grandchildren, and grandchildren are close relatives.

Legal basis: Article 1076 of the Civil Code of the People's Republic of China.

If the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration office. The divorce agreement shall clearly state the parties' expression of intent to divorce voluntarily and the consensus on matters such as child support, property, and debt handling.

The following new provisions have been made in the Marriage Law: a new provision on the cooling-off period for divorce has been added, and if one party repents of the divorce after the husband and wife agree to divorce, they can withdraw the divorce application within 30 days; After a clear judgment is made not to allow divorce, and the separation has been completed for another year, and the old envy party files a divorce lawsuit again, the court shall grant the divorce, and so on.

Legal basis: Article 1077 of the Civil Code of the People's Republic of China Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if either party is unwilling to divorce, he or she may withdraw the application for divorce registration from the marriage registration authority.