New provisions of the Marriage Law of the Civil Code in 2022

The new provisions of the Marriage Law of the Civil Code in 2022 are as follows:1. A new cooling-off period for divorce has been added. If one party repents of the divorce after the husband and wife agree to divorce, then the divorce application can be withdrawn within 30 days.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 that divorce is not allowed, if one party files a divorce lawsuit again after one year of separation, the court will allow the divorce.

3. If one of the spouses squandered the property, the court may divide the property less or no to the party who squandered the property at the time of divorce.

4. Reducing the circumstances of invalid marriages: "suffering from a disease that is medically considered unsuitable for marriage" is no longer an invalid marriage, but a situation in which an application for annulment of marriage can be made.

5. The scope of relatives, close relatives and family members is defined.

6. Regulate the litigation of confirmation and denial of parent-child relationship.

7. Clarify the ownership of child custody after divorce.

Legal analysis1 If you still want to attract bees and butterflies after getting married, you will face the danger of compensation. 2 During the marriage, if one party deliberately squandered the joint property of the husband and wife, the divorce may be divided less, and the innocent party may be divided. 3 Children under the age of two years are mainly raised by their mothers.

Over the age of eight, the child's wishes should be respected.4 At the time of divorce, the man cannot own the following five types of property: the woman's pre-marital property, the property given by the woman's parents, the inheritance given to the woman, the bride price, and the woman's personal belongings. 5 In 2022, the court did not grant divorce after the first divorce, and after one year of separation, the court of divorce must grant divorce.

6 When the court decides on the division of property, it will take care of the parent who has children, the woman who is not at fault, and so on.

Legal basisArticle 1054 of the Civil Code of the People's Republic of China An invalid or annulled marriage shall not be legally binding from the beginning, and the parties shall not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.

The provisions of this Law on parents and children shall apply to children born to the parties. If the marriage is invalid or annulled, the innocent party has the right to claim damages.

In Part V.

There are five chapters, which are General Provisions, Marriage, Family Relations, Divorce, and Adoption. The full text is available online.

Part V Marriage and Family.

Chapter I: General Provisions.

Article 1040:This Part regulates civil relations arising from marriage and family.

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.

Article 1043: Families shall establish a positive family style, carry forward 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.

Article 1044: Adoption shall follow the principle of the best interests of the adoptee, and safeguard the lawful rights and interests of the adoptee and the adopter.

It is forbidden to buy or sell minors in the name of adoption.

Article 1045: Relatives include spouses, blood relatives, and in-laws.

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

Spouses, parents, children and other close relatives living together are family members.

The Civil Code of the People's Republic of China (hereinafter referred to as the Civil Code) was voted and adopted by the Third Session of the 13th National People's Congress on May 28, 2020, and will come into force on January 1, 2021. The promulgation and implementation of the Civil Code is of great significance, and many of the new regulations and provisions are closely related to our lives.

Residents' committees and villagers' committees have the legal personality of basic-level mass autonomous organizations, and may engage in civil activities necessary for the performance of their functions. Where a village collective economic organization has not been established, the villagers' committee may perform the functions of the village collective economic organization in accordance with law. (Article 101).

Question: My third aunt died, she was not married and had no children, her parents also died before her, who inherited the property in her name, and one of her brothers also died before her, can her brother's children inherit by subrogation.

My third aunt has a total of 5 siblings.

Answer: After the succession begins, it is inherited by the first-order heirs, and the second-order heirs do not inherit; If there is no first-order heir, the second-order heir shall inherit. For the purposes of this Part, the term "children" includes legitimate children, children born out of wedlock, adopted children and dependent stepchildren. For the purposes of this Part, the term "parents" includes biological parents, adoptive parents and step-parents in a dependent relationship.

The term "siblings" as used in this Part includes siblings of the same parents, half-siblings or half-siblings, adoptive siblings, and step-siblings who have a dependent relationship.

One of her older brothers also died before her, and her brother's children could not inherit first, and other siblings inherited first.

If you don't have a marriage certificate, how much can you pay for child support?