The People's Republic of China Marriage Law (2001 Amendment)

(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 the People's Republic of China Marriage Law adopted at the 21st Session of the Standing Committee of the Ninth National People's Congress on April 28, 2001)
Directory
Chapter I General Provisions
Chapter II Marriage
Chapter III Family Relations
Chapter 4 Divorce
Chapter V Relief Measures and Legal Liability
Chapter VI Supplementary Provisions

Chapter I General Provisions
Article 1 [Purpose of Legislation] This Law is the basic norm governing marriage and family relations.
Article 2 [Marriage System] A marriage system of freedom of marriage, monogamy and equality between men and women shall be practiced.
and protect the legitimate rights and interests of women, children, and the elderly.
Implement family planning.
Article 3 [Prohibited Marriage Acts] It is prohibited to conduct arranged marriages, buy and sell marriages and other acts that interfere with the freedom of marriage. It is forbidden to solicit property by marriage.
Bigamy is prohibited. A person with a spouse is prohibited from cohabiting with another person. Domestic violence is prohibited. Abuse and abandonment by family members are prohibited.
Article 4 [Family Relations] Husband and wife shall be faithful to each other and respect each other; family members shall respect the elderly and love the young, help each other, and maintain equal, harmonious and civilized marriage and family relations.

Chapter II Marriage
Article 5 [Voluntary Marriage] Marriage must be entered into on the full will of both men and women, and neither party is allowed to coerce the other or any third party to interfere.
Article 6 [Legal Age of Marriage] The age of marriage shall not be earlier than 22 years for males and 20 years for females. Late marriage and late childbearing should be encouraged.
Article 7 Marriage is prohibited under any of the following circumstances:
(I) lineal blood relatives and collateral blood relatives within three generations;
(II) suffer from diseases that are medically unfit to marry.
Article 8 [Marriage Registration] Both men and women who are required to get married must register their marriage in person at the marriage registration office. Those who comply with the provisions of this Law shall be registered and issued marriage certificates. To obtain a marriage certificate, that is, to establish the relationship between husband and wife. If the marriage has not been registered, the registration shall be made up.
Article 9 [Mutual 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 according to the agreement between the man and the woman.
Article 10 Marriage shall be invalid under any of the following circumstances:
(I) bigamy;
(II) has a relative relationship in which marriage is prohibited;
A (III) before marriage suffers from a disease that is medically considered inappropriate for marriage and has not been cured after marriage;
(IV) under the legal age of marriage.
Article 11 [Coercive Marriage] In the case of a marriage under coercion, the coerced party may request the marriage registration office or the people's court to cancel the marriage. The request for annulment of the marriage by the coerced party shall be made within one year from the date of registration of the marriage. If a party whose personal freedom has been illegally restricted requests the annulment of the marriage, it shall be submitted within one year from the date of restoration of personal freedom.
Article 12 [Nullity of Marriage] An invalid or annulled marriage shall be null and void AB initio. The parties do not have the rights and obligations of husband and wife. The property acquired during the period of cohabitation shall be disposed of by agreement between the parties; if the agreement fails, the people's court shall make a judgment in accordance with the principle of taking care of the no-fault party. The property treatment of invalid marriage caused by bigamy shall not infringe upon the property rights and interests of the parties to the legal marriage. The provisions of this Law concerning parents and children shall apply to the children born to the parties.

Chapter III Family Relations
Article 13 Husband and wife shall have equal status in the family.
Article 14 Both husband and wife shall have the right to use their own names.
Article 15 [Freedom of Husband and Wife] Both husband and wife shall have the freedom to participate in production, work, study and social activities, and one party shall not restrict or interfere with the other party.
Article 16 [Family Planning Obligations] Both husband and wife have the obligation to practice family planning.
Article 17 [Joint property of husband and wife] The following property acquired by husband and wife during their marriage shall belong to them jointly:
(I) salary and bonus;
Proceeds from (II) production and operation;
Proceeds from the (III) of intellectual property rights;
Property inherited or donated by the (IV), except as provided for in Item 3 of Article 18 of this Law;
(V) other property which shall be owned jointly.
Husband and wife have equal rights to dispose of jointly owned property.
Article 18 [Property of one of the spouses] The property of one of the spouses shall be the property of the spouse in any of the following circumstances:
Premarital property of the (I) party;
Medical expenses, living allowance for the disabled and other expenses obtained by the (II) party due to physical injury;
(III) property determined in a will or contract of gift to belong only to the husband or wife;
Articles for daily use of the (IV) party;
(V) other property that should be vested in a party.
Article 19 [Agreement on Marital Property] The husband and wife may agree that the property acquired during the existence of the marriage relationship and the pre-marital property shall be owned by each, jointly or partially owned by each or partially jointly owned. The agreement shall be in writing. If there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply.
The agreement between the husband and the wife on the property acquired during the marriage and the premarital property shall be binding on both parties.
If the husband and wife agree to own the property acquired during the marriage, the debt incurred by the husband or wife to the outside world shall be paid off with the property owned by the husband or wife if the third party knows the agreement.
Article 20 Husband and wife have the duty to support each other.
When one party fails to perform its maintenance obligations, the party in need of maintenance has the right to demand that the other party pay maintenance fees.
Article 21 [Parents and Children] Parents shall have the duty to bring up and educate their children; children shall have the duty to support and assist their parents.
Children who are underage or unable to live independently have the right to demand maintenance from their parents when their parents fail to perform their duty to support them.
Parents who are unable to work or who have difficulties in making a living have the right to demand alimony from their children when they fail to perform their duty of maintaining their children.
Infant drowning, abandonment and other acts of cruelty to infants are prohibited.
Article 22 [Child's Surname] A child may take his father's surname or his mother's surname.
Article 23 [Protection and Education of Children by Parents] Parents have the right and duty to protect and educate their minor children. Parents have the obligation to bear civil liability when their minor children cause damage to the state, the collective or others.
Article 24 Husband and wife shall have the right to inherit from each other.
Parents and children have the right to inherit each other's property.
Article 25 [Children born out of wedlock] Children born out of wedlock shall enjoy the same rights as children born in wedlock, and no one shall endanger or discriminate against them.
The biological father or mother who does not directly raise a child born out of wedlock shall bear the child's living and educational expenses until the child can live independently.
Article 26 The State shall protect lawful adoptive relations. The rights and obligations between foster parents and foster children shall be governed by the relevant provisions of this Law on the relationship between parents and children.
The rights and obligations between the adopted child and the biological parents are eliminated by the establishment of the adoptive relationship.
Article 27 [Stepparents and stepchildren] There shall be no maltreatment or discrimination between stepparents and stepchildren.
The relevant provisions of this Law on the relationship between parents and children shall apply to the rights and obligations between a stepfather or stepmother and the stepchildren who are raised and educated by him.
Article 28 [Ancestors and grandchildren] Grandparents who can afford it shall have the obligation to raise their grandchildren and grandchildren who are minors whose parents are dead or whose parents are unable to raise them. Grandchildren and maternal grandchildren who can afford it shall have the obligation to support their grandparents and maternal grandparents whose children are dead or whose children are unable to support them.
Article 29 [Brothers and sisters] Brothers and sisters who can afford it shall have the obligation to support younger brothers and sisters who are minors whose parents are dead or whose parents are unable to support them. Younger brothers and sisters who are raised by brothers and sisters who can afford it have the obligation to support brothers and sisters who lack the ability to work and the source of income.
Article 30 [Respect for Parents' Marriage] Children shall respect their parents' marital rights and shall not interfere with their parents' remarriage and post-marriage life. The obligation of a child to support his or her parents shall not be terminated by a change in the marital relationship of his or her parents.

Chapter 4 Divorce
Article 31 [Voluntary Divorce] If both men and women divorce voluntarily, divorce shall be granted. Both parties must apply for divorce at the marriage registration office. The marriage registration office shall issue a divorce certificate when it has ascertained that the parties are indeed voluntary and that the children and property issues have been properly dealt.
Article 32 [Divorce Proceedings] If one of the men and women requests divorce, the relevant department may conduct mediation or directly file divorce proceedings with the people's court.
In handling divorce cases, the people's court shall conduct mediation; if the feelings have indeed broken down and the mediation fails, the divorce shall be granted.
Divorce shall be granted if mediation fails under any of the following circumstances:
(I) bigamy or cohabitation of a spouse with another person;
(II) domestic violence or maltreatment or abandonment of family members;
(III) those who have bad habits such as gambling and drug abuse;
(IV) have been separated for two years due to emotional discord;
(V) other situations that lead to the breakdown of a couple's relationship.
If one party is declared missing and the other party files for divorce, the divorce shall be granted.
Article 33 [Divorce Required by Spouses of Servicemen] The spouse of an active serviceman who desires a divorce must obtain the consent of the serviceman, except where one of the servicemen is at fault.
Article 34 [No Divorce shall be filed] During the period of pregnancy, within one year after childbirth or within six months after the termination of pregnancy, the husband shall not file for divorce. This is not the case if the woman files for divorce, or if the people's court deems it necessary to accept the man's request for divorce.
Article 35 [Resumption of Marriage] If, after divorce, both the man and the woman voluntarily resume their husband-and-wife relationship, they must register their remarriage with the marriage registration office.
Article 36 [Divorce and Children] The relationship between parents and children shall not be eliminated by the divorce of the parents. After divorce, whether the child is directly raised by the father or the mother, it remains the child of both parents.
After divorce, parents still have the right and duty to raise and educate their children.
After divorce, children during the lactation period shall be raised by the nursing mother as a principle. If the two parties cannot reach an agreement on the maintenance of a child after breastfeeding, the people's court shall make a judgment based on the rights and interests of the child and the specific circumstances of both parties.
Article 37 [Child Support after Divorce] After divorce, the other party shall bear part or all of the necessary living and educational expenses for the children raised by one party, and the amount of the expenses and the length of the period shall be agreed upon by both parties; if no agreement is reached, the people's court shall make a judgment.
An agreement or judgment on a child's living and educational expenses shall not prevent the child from making a reasonable request to either parent, if necessary, for an amount exceeding the amount originally set in the agreement or judgment.
Article 38 [Children's Visits after Divorce] After divorce, the father or mother who does not directly raise the child shall have the right to visit the child, and the other party shall have the obligation to assist.
The manner and time for exercising the right to visit shall be agreed upon by the parties; if they fail to reach an agreement, the people's court shall make a judgment.
If a father's or mother's visit to a child is detrimental to the child's physical and mental health, the people's court shall suspend the right to visit in accordance with the law; after the reason for the suspension disappears, the right to visit shall be restored.
Article 39 [Divorce Treatment of Common Property of Husband and Wife] In the event of divorce, the common property of the husband and wife shall be disposed of by agreement between the two parties; in the event of failure to reach an agreement, the people's court shall make a judgment on the basis of the specific circumstances of the property and the principle of taking care of the rights and interests of the children and the woman.
The rights and interests enjoyed by the husband or wife in the family land contract management shall be protected in accordance with the law.
Article 40 [Compensation] The husband and wife agree in writing that the property acquired during the existence of the marriage relationship shall belong to each other. If one party pays more obligations for raising children, caring for the elderly, assisting the other party in work, etc., he has the right to request compensation from the other party at the time of divorce, and the other party shall compensate.
Article 41 [Joint Debt] At the time of divorce, the debts originally incurred by the husband and wife living together shall be repaid jointly. If the common property is insufficient to pay off, or if the property belongs to each other, the two parties shall agree to pay off; if the agreement fails, the people's court shall make a judgment.
Article 42 [Appropriate Assistance] In the event of divorce, if one party has difficulties in life, the other party shall provide appropriate assistance from his or her personal property such as housing. Specific measures shall be agreed upon by both parties; if they fail to reach an agreement, the people's court shall make a judgment.

Chapter V Relief Measures and Legal Liability
Article 43 [domestic violence and abuse] in case of domestic violence or abuse of family members, the victim shall have the right to make a request, and the residents' committee, villagers' committee and the unit to which he belongs shall dissuade and mediate.
With regard to ongoing domestic violence, the victim has the right to make a request, and the residents' committee or villagers' committee shall dissuade it; the public security organ shall stop it.
Where domestic violence or maltreatment of family members is committed and the victim makes a request, the public security organ shall impose administrative penalties in accordance with the legal provisions on public security management penalties.
Article 44 [Abandonment] For the abandonment of family members, the victim has the right to make a request, and the neighborhood committee, the villagers' committee and the unit to which they belong shall dissuade and mediate.
If the victim requests the abandonment of a family member, the people's court shall, in accordance with the law, make a judgment on the payment of maintenance, alimony or alimony.
Article 45 [Crimes of Domestic Violence, Maltreatment, and Abandonment] For bigamy, those who commit domestic violence or maltreatment or abandonment of family members constitute a crime shall be investigated for criminal responsibility according to law. Victims can followCode of Criminal ProcedureThe public security organ shall investigate according to law, and the people's procuratorate shall initiate public prosecution according to law.
Article 46 [Compensation for Damages] Where a divorce is caused by any of the following circumstances, the no-fault party shall have the right to claim compensation for damages:
(I) bigamy;
(II) having a spouse cohabiting with another person;
(III) domestic violence;
(IV) abuse and abandonment of family members.
Article 47 [concealment, transfer of common property, etc.] At the time of divorce, if one party conceals, transfers, sells or destroys the common property of the husband and wife, or falsifies debts in an attempt to embezzle the property of the other party, when dividing the common property of the husband and wife, the party that hides, transfers, sells, destroys the common property of the husband and wife or falsifies the debts may be divided or divided. After the divorce, if the other party discovers the above-mentioned acts, it may file a lawsuit in the people's court, requesting another division of the joint property of the husband and wife.
The people's court shall, in accordance with the provisions of the preceding paragraph, interfere with the civil proceedings.civil procedure lawprovisions to be sanctioned.
Article 48 [compulsory execution] those who refuse to implement the judgments or rulings on alimony, alimony, property division, inheritance, visiting children, etc., shall be enforced by the people's court according to law. Relevant individuals and units shall be responsible for assisting in the implementation.
Article 49 [Other Violations of Marriage and Family] Where other laws provide otherwise for illegal acts and legal responsibilities related to marriage and family, they shall be in accordance with their provisions.

Chapter VI Supplementary Provisions
Article 50 [Provisions on Variations] The people's congresses of national autonomous areas have the right to formulate provisions on variations in light of the specific conditions of marriage and family of the local nationalities. The flexible provisions formulated by autonomous prefectures and autonomous counties shall go into effect after being submitted to the standing committees of the people's congresses of provinces, autonomous regions and municipalities directly under the Central Government for approval. The flexible provisions formulated by the autonomous regions shall go into effect after being submitted to the Standing Committee of the National People's Congress for approval.
Article 51 [Date of Implementation and Repeal of Old Law] This Law shall enter into force on January 1, 1981.
The Marriage Law of the People's Republic of China promulgated on May 1, 1950 shall be repealed as of the date this Law goes into effect.