2022 New Marriage Law, 2022 New Provisions of the Marriage Law

The Marriage Law is no longer on probation, and all of them are classified under the Marriage and Family Section of the Civil Code of the People's Republic of China. The relevant legal provisions range from Articles 1,040 to 1,118, a total of 79 articles, which are more than the Marriage Law, and some provisions have also been changed.

The new provisions of the Marriage Law in 2022 have the following three points: 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 If one party repents of the divorce after the husband and wife agree to divorce, the divorce application can be withdrawn within 30 days; 2.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.

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

Where the husband and wife divorce voluntarily, they shall sign a written divorce agreement and apply for divorce registration in person at the marriage registration authority. 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.

In the new provisions of the 2022 Marriage Law, the Civil Code specifically makes new provisions on divorce, adding a cooling-off period for divorce, and if one of the spouses repents of the divorce after the divorce by agreement, the divorce application can be withdrawn within 30 days; Where a party files a divorce lawsuit again after a clear judgment is not permitted, and the separation has been completed for another year, the court shall grant the divorce; In addition, if one of the spouses squanders property, the court may give him a small or no share of the joint property in the event of divorce.

Article 1046 of the new Marriage Law from January 1, 2022 stipulates that marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to coerce the other party, and it is forbidden for any organization or individual to interfere. Article 1040 The age of marriage is 22 years old for men and 20 years old for women. Article 1048:Marriage is prohibited for consanguinity 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. If the provisions of this law are met, it shall be registered, a marriage certificate shall be issued, and the marriage registration shall be completed, that is, the marriage relationship shall be confirmed. 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.

Men must not be earlier than 22 years old and women must be no earlier than 20 years old.

The increase in the legal age of marriage in China has a profound imprint. In the era of family planning, it also conforms to the trend of raising the level of education and optimizing the quality of the population, and it has a certain degree of rationality.

The Marriage Law of the People's Republic of China does not stipulate the age of late marriage. However, the current family planning policy encourages late marriages, and people usually think that the first marriage of a man who has reached the age of 25 and a woman who has reached the age of 23 is a late marriage. The age of late marriage is different from the legal age of marriage in that it is not mandatory, but only an encouraging and provocative age of marriage.

The concept of late marriage is very simple, later than the legal date is late marriage.

1. Age of marriage: Men shall not be earlier than 22 years old, and women shall not be earlier than 20 years old.

2. Husband and wife may stipulate that the property acquired during the marriage relationship and the property before the marriage shall be owned separately or jointly, or partly separately and partly jointly. The agreement shall be in writing.

Some of the general provisions of the new marriage lawArticle 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.

1. The bride price provisions of the new Marriage Law.

1. The Marriage Law has become invalid, and the relevant provisions of the bride price shall be subject to the provisions of the Civil Code.

2. Interpretation of the Supreme People's Court on the Application of the Marriage and Family Section of the Civil Code of the People's Republic of China (1) Article 5: Where a party requests the return of the bride price paid in accordance with custom, the people's court shall support it if it is ascertained that it falls under the following circumstances:

1) The parties have not gone through the marriage registration formalities;

2) The parties have gone through marriage registration formalities but do not live together;

3) Premarital payments that cause hardship to the payor.

The application of the provisions of items (2) and (3) of the preceding paragraph shall be conditional on the divorce of both parties.

2. Is the bride price given by the man to the woman considered the joint property of the husband and wife?

The bride price is not part of the joint property of the husband and wife. The bride price is generally obtained before marriage, and it is clearly a gift from a friend who has entered into a marriage relationship, and should belong to the personal property of the recipient. If the two parties are not married, they should return the bride price.

If a person is married and divorced, in principle, the bride price will not be returned. Civil Code

Article 1062:[Joint Property of Husband and Wife]The following property acquired by husband and wife during the existence of their marital relationship is the joint property of the husband and wife and is jointly owned by the husband and wife

1) Wages, bonuses, and remuneration for labor services;

2) Income from production, operation and investment;

3) income from intellectual property rights;

4) Inherited or donated property, except as provided for in item 3 of Article 1063 of this Law;

5) Other property that shall be jointly owned.

Husband and wife have equal rights to dispose of joint property.

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The New Marriage Law 2022 I. Defines the scope of relatives, close relatives, and family members [New Law] Article 1045 Relatives include spouses, 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.

New Marriage Act 2022

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The New Marriage Law 2022 I. Defines the scope of relatives, close relatives, and family members [New Law] Article 1045 Relatives include spouses, 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 members of the Family Code Destruction Friendship Court.

2. Reducing the circumstances of invalid marriages: "Suffering from a disease that is medically considered undesirable for marriage" is no longer an invalid marriage, but a situation in which an application for annulment of marriage can be made. Article 1053: If one party suffers from a serious illness, he or she shall truthfully inform the other party before the marriage is registered; If the other party does not truthfully inform the marriage, the other party may request the people's court to annul the marriage. A request for annulment of marriage shall be made within one year from the date on which the reason for the annulment is known or is known.

Women marry at multiple ages.

Year 202. Not earlier than 20 years old.

The legal age of marriage in China is not earlier than 22 years old for men and 20 years old for women, so women must not be able to register their marriage until they are 20 years old.