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Without this provision, marriage is free.
According to the "Marriage Law of the People's Republic of China", both men and women must be completely voluntary, must reach the legal age of marriage, must be in line with monogamy, and there is no close relationship that prohibits marriage: that is, both men and women are not direct blood relatives and collateral blood relatives within three generations, and do not suffer from diseases that are medically considered unsuitable for marriage, and both men and women who request marriage must go to the marriage registration office in person to register their marriage.
The marriage is legally valid and protected by law.
To register a marriage, both the man and the woman who wish to marry must jointly apply for marriage registration at the marriage administration and registration authority where one of the parties has a household registration. It is not allowed to apply unilaterally, let alone entrust others to apply. Both parties must hold a household registration certificate, a resident ID card, and a certificate of marital status issued by their employer, villagers' committee or residents' committee.
In some areas, a certificate of premarital medical examination is also mandatory. The organs that handle marriage registration are the sub-district offices, the civil affairs departments of the people of the municipal districts, the civil affairs departments of the people's governments of cities not divided into districts, townships, ethnic townships, and towns.
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According to the Marriage Law of the People's Republic of China, divorce shall be granted if both a man and a woman divorce voluntarily. Our law only restricts the age of marriage, but does not limit the age of divorce.
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1. What age do you know when the law says that a husband and wife cannot be divorced?
1. China's law does not stipulate how old a divorce is not allowed. 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, complete the divorce registration, or the divorce judgment or mediation document shall take effect, and the marriage relationship shall be dissolved.
2. Legal basis: 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' intention to divorce voluntarily and the opinions they have reached through consultation on matters such as child support, property, and debt handling.
Article 1077.
Within 30 days from the date on which the marriage registration authority receives the application for divorce registration, if any of the relatives is unwilling to divorce, the application for divorce registration may be withdrawn from the marriage registration authority.
Within 30 days after the expiration of the period provided for in the preceding paragraph, both parties shall apply in person to the marriage registration authority for the issuance of a divorce certificate; If the application is not made, it shall be deemed that the application for divorce registration has been withdrawn.
2. What materials are needed for divorce?
The following documents are required to apply for divorce:
1. ID cards and household registration books of both parties;
2. Divorce agreement;
3. Marriage certificate;
4. The party's single person has recently been half-bareheaded**.
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Whether or not a divorce can be divorced is not related to age, but depends on whether the relationship between the husband and wife has broken down. In any of the following circumstances, if the court's mediation fails, the divorce shall be granted: (1) bigamy or cohabitation with another person; committing domestic violence or abusing or abandoning a family member; (3) Gambling, drug abuse and other vices are repeatedly taught; (4) Separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife.
Article 1079 of the Civil Code provides that if one of the husband and wife requests a divorce, the relevant organization may conduct mediation or directly file a divorce lawsuit with the people's court. People's courts hearing divorce cases shall conduct mediation; If the relationship has indeed broken down and mediation fails, the divorce shall be granted. In any of the following circumstances, if mediation fails, a divorce shall be granted:
1) bigamy or cohabitation with another person; (2) Committing domestic violence or abusing or abandoning family members; (3) Having gambling, drug abuse, or other vices that have been repeatedly taught; (4) They have been separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the relationship between husband and wife. Where one party is declared missing and the other party initiates divorce proceedings, the divorce shall be granted. Where, after a people's court has ruled that divorce is not permitted, the parties have been separated for one year, and one party initiates divorce proceedings again, the divorce shall be granted.
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There is no legal age for divorce in China.
However, there is a legal age for marriage:
1. The legal age of marriage for the man is 22 years old and the age of marriage for the woman is 20 years old.
2. The legal age of marriage refers to the minimum age prescribed by law to marry without hunger.
3. In addition, the two parties cannot be direct blood relatives or collateral blood relatives within three generations.
4. If the above conditions are met, both parties can go through the marriage registration in accordance with the law if they return together.
Legal basis: Civil Code of the People's Republic of China
Article 1047:The age of marriage must not be earlier than 22 years old for men and 20 years old for women.
Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.
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The legal age of marriage is 20 years for women and 22 years for men.
The act of divorce is to have a rough birth after marriage. Therefore, the legal age of divorce is not very strict.
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Legal Analysis: There is no age limit for divorce. China's relevant laws and regulations clearly stipulate the freedom of marriage, including the freedom of divorce, as long as it is determined that the relationship between the two parties has broken down, divorce can be filed at any time.
It must be shown that the spouses divorce voluntarily and that there is a consensus on matters such as child support, property and debt management. It is also important to note that the court will not grant a divorce if there is no statutory ground for divorce.
Legal basis: Article 11 of the Regulations on Marriage Registration Mainland residents who have registered for divorce shall present the following documents and supporting materials: 1. Their household registration booklet and ID card; 2. Marriage certificate; 3. The divorce agreement signed by both parties.
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