The Marriage Law in 2022 provides for marriage

Clause. 1. To get married, you must go through the registration procedures at the Civil Affairs Bureau and receive a marriage certificate.

If you just accepted the bride price from the other party, or only held a formal wedding to "announce the world", or even the two parties have children and have lived together for more than ten or twenty years, these are not considered legal marriages, and you will not have a marriage relationship, unless it is before February 1994, you have lived together in the name of husband and wife, and the law at that time recognized de facto marriage, but after February 1994, China's law no longer recognizes de facto marriage, as long as you do not get a marriage certificate, you are not husband and wife, just a cohabitation relationship, The legal protection of cohabitation is much worse than the protection of marriage.

Clause. 2. There are only two ways to get a divorce certificate and go to the court to file for divorce.

There are always clients who come to the law firm for consultation, my husband and I have been separated for two years, is it automatically divorced? The lawyer was confused and didn't know where everyone's statement came from. Most of them are misunderstandings of our common people about the provision in the marriage and family section that "the court shall grant a divorce if the separation has been completed for two years and the mediation is ineffective".

This provision is aimed at those who go to the court to sue for divorce, and if they have been separated for two years and the court mediation fails, the divorce will be granted.

If you don't file a lawsuit, then separation is not a divorce whether it is two, five, ten, or even twenty years, no matter how long the separation lasts. There is no such thing as "automatic divorce" in law.

Extended information: Drafting a divorce agreement is only the first step in a divorce by agreement, and both parties need to apply for divorce in person at the Civil Affairs Bureau before they can finally get the divorce certificate. If you sign the divorce agreement, and after thinking about it, you feel that the distribution of property is unreasonable, the alimony is too high, or you simply don't want to divorce, you can regret it, then the divorce agreement signed by both parties will be invalid.

Only a divorce agreement that has been stamped and sealed with the Civil Affairs Bureau has legal effect.

Legal basis: Article 1040 of the Civil Code [Scope of Adjustment of the Marriage and Family Section] This part regulates civil relations arising from marriage and family. Article 1041: [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.

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. 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.

1. What are the changes in the new Marriage Law?

1. A new "divorce economic compensation system" has been added: if one of the spouses bears more obligations due to raising children, taking care of the elderly, assisting the other party in work, etc., he or she has the right to request compensation from the other party at the time of divorce, and the other party shall give compensation.

2. The "Divorce Cooling-off Period System" has been added

The Civil Code stipulates that after both husband and wife apply for divorce by agreement, they can retract and withdraw it within 30 days; At the same time, after the expiration of the 30-day period, both parties must also apply for a divorce certificate within 30 days, and if either party does not collect it, the application will be deemed to be withdrawn.

3. After one year of separation, a divorce shall be decided.

The Civil Code stipulates that after a people's court has ruled that divorce is not allowed, if a man and a woman have been separated for one year and one party files a divorce lawsuit again, the divorce shall be granted.

4. The joint debts of husband and wife need to be confirmed by both parties to avoid one party being "indebted".

Civil Code: Debts incurred by both husband and wife jointly signed by the husband and wife, or later recognized by one of the husband and wife, as well as debts incurred by one of the husband and wife in the name of the husband and wife for the daily needs of the family during the existence of the marital relationship, belong to the joint debts of the husband and wife.

5. The number of cases of invalidity of statutory marriages has been reduced, and serious illnesses can be revoked if they are not truthfully informed.

The Civil Code stipulates that if one party suffers from a serious illness, he or she shall truthfully inform the other party before the marriage is registered, and if the other party fails to do so, the other party may request the annulment of the marriage.

2. What are the requirements for marriage registration?

Civil Code of the People's Republic of China

Article 1046: [Voluntary Marriage] Marriage shall be completely voluntary between a man and a woman, and it is forbidden for either party to coerce the other, or for any organization or individual to interfere with it.

Article 1047: [Legal Age of Marriage] The age of marriage must not be earlier than 22 years old for men and 20 years old for women.

Article 1048: [Circumstances Prohibited from Marriage] Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049: [Marriage Registration] Both men and women 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, the parties are each other's family members] After the 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.

The new regulations for legal marriage in 2022 are that men must not be earlier than 20 liters and 2 years old, and women must not be earlier than 20 years old.

The conditions required to obtain a marriage certificate are as follows:

1. Both men and women must marry voluntarily;

2. Age of marriage: 22 years old for men. Female at least 20 years old;

3. Neither party has a spouse (unmarried, divorced, widowed);

4. There is no direct blood relationship between the two parties and collateral blood relatives within three generations.

The procedure for obtaining a marriage certificate is as follows:

1. Both men and women who require marriage registration shall jointly apply to the civil affairs department of the people's ** of the district or county-level city or the marriage registration authority of the people's ** of the town where one party has permanent residence with the required documents.

2. The holders of both parties shall apply in person to the marriage registration authority, and each shall fill in a "Declaration of Application for Marriage Registration". It is not allowed to entrust relatives, friends, parents, siblings, lawyers and other people** to apply for marriage registration.

3. Both parties must sign or fingerprint in the "Declaration of Declaration" in the "Declaration of Application for Marriage Registration" in front of the marriage registrar.

4. The marriage registration authority shall examine the documents and declarations submitted by both parties, and if the conditions for marriage registration are met, the registration shall be approved.

Legal basisArticle 1046 of the Civil Code of the People's Republic of China.

Marriage shall be completely voluntary between the man and the woman, and neither party shall be allowed to coerce the other, and it shall be forbidden for any organization or individual to interfere with it.

Article 1047.

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