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What does the autonomy of marriage belong to in 2022
Time:2025-08-28 Views:758
The content of marriage autonomy includes the autonomy to marry and the autonomy to divorce. So, what exactly are they? The editor of Fan Neng Law Firm provides you with a detailed introduction to what the right to marital autonomy belongs to.
1. Autonomy in marriage
The right to marriage autonomy refers to the right of citizens to independently decide their own marriages, prohibiting any party from forcing the other or any third party from interfering. In terms of the main body, unmarried men and women who have reached the legal age for marriage, as well as divorced or widowed men and women, all enjoy the autonomy to marry. The freedom to remarry and marry is an important part of the autonomy to marry. However, the autonomy to marry does not include the autonomy to bigamy.
In terms of content, the main meaning of the autonomy of marriage is that marriage must be decided independently by both the man and the woman. On the one hand, one party shall not force the other party to marry them. On the other hand, marriage should be decided independently by both the man and the woman. No third party, including parents, children or organizations, may interfere or make the decision on their behalf. Because marriage is a union between a man and a woman based on love, with the aim of establishing a family and becoming spouses. As for love, which serves as the foundation of marriage, it can only arise between a man and a woman, and it can only be a matter between the two of them. No third party can take over or replace it. The guarantee of citizens' freedom to marry by the autonomy of marriage actually safeguards an extremely important spiritual interest of citizens, meets their need for love, an important human emotion, and thus maintains the independence and freedom of citizens' personalities. Therefore, the right to marriage freedom is an important personal right for citizens. In conclusion, within the scope permitted by law, whether to marry, with whom to marry, where to marry and in what way to marry are all decided independently by both the man and the woman.
2. Autonomy in divorce
Divorce autonomy refers to the right of both husband and wife to lawfully and independently dissolve their marital relationship without illegal interference from the other party or any other person. Divorce freedom is another aspect of marriage freedom. The law guarantees the freedom of divorce to enable couples whose relationships have truly broken down and cannot be reconciled to dissolve their marital relations through legal and proper channels, making it possible for them to establish new, happy and harmonious families. Since love is the foundation of marriage, when a couple no longer understand each other's hearts and no longer love each other, then there is no need for marriage to exist. Moreover, although divorce leads to the disintegration of some marriages, on the whole, it has improved and consolidated the marital and family relations throughout society.
Of course, since the existence of marital relations is an established fact, citizens cannot exercise their right to divorce freely merely based on their own subjective wishes. When dealing with divorce issues, citizens must bear certain responsibilities towards the other party, the family and the children. That is to say, citizens' autonomy in divorce is quite restricted. While ensuring the freedom of divorce, it is necessary to prevent hasty divorce.
The above is the relevant information collected by the editor of Faneng Law Firm for you regarding "What does the right to marriage autonomy belong to?" Both male and female citizens have complete freedom to express their true intentions regarding their marriage or divorce, provided that they abide by the law. Not only do parents have no right to interfere with their children's freedom to marry or divorce, but children also have no right to interfere with their parents' freedom to divorce or the freedom of the widowed party to remarry. Sichuan Faneng Law Firm is dedicated to serving you.