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Marriage Law of 2022
Time:2025-08-28 Views:1218
The full text of the 2022 Marriage Law consists of six chapters and fifty-one articles, covering topics such as marriage, family relations, divorce, assistance measures and legal responsibilities. The editor of LawFanneng Law Firm provides you with a detailed introduction to the full text of the 2022 Marriage Law.
Chapter One General Provisions
Article 1 This Law is the basic guideline for marital and family relations.
Article 2 A marriage system of freedom of marriage, monogamy and equality between men and women shall be implemented.
Protect the legitimate rights and interests of women, children and the elderly.
Implement family planning.
Article 3 It is prohibited to arrange or sell marriages or to engage in any other act that interferes with the freedom of marriage. It is prohibited to demand property through marriage.
Bigamy is prohibited. It is prohibited for married people to cohabit with others. Domestic violence is prohibited. Abuse and abandonment among family members are prohibited.
Article 4 Husband and wife shall be faithful to and respect each other. Family members should respect the elderly and care for the young, help each other, and maintain an equal, harmonious and civilized marital and family relationship.
Chapter Two: Marriage
Article 5 Marriage must be based on the complete willingness of both the man and the woman. No party may force the other or allow any third party to interfere.
Article 6 The age of marriage shall not be earlier than 22 years old for men and 20 years old for women. Late marriage and late childbearing should be encouraged.
Article 7 Marriage is prohibited under any of the following circumstances:
(1) Direct blood relatives and collateral blood relatives within three generations;
(2) Suffering from a disease that is considered by medical science as unsuitable for marriage.
Article 8 Both the man and the woman who wish to marry must personally go to the marriage registration authority to register their marriage. Those who meet the provisions of this Law shall be registered and issued a marriage certificate. Obtaining a marriage certificate establishes the marital relationship. Those who have not completed marriage registration shall make up for it.
Article 9 After marriage registration, according to the agreement of both the man and the woman, the woman may become a member of the man's family, and the man may become a member of the woman's family.
Article 10 A marriage shall be invalid under any of the following circumstances:
(1) Bigamy;
(2) Having a prohibited marriage relationship among relatives;
(3) Suffering from a disease that is considered by medical science as unsuitable for marriage before marriage and remaining uncured after marriage;
(4) Not having reached the legal age for marriage.
Article 11 Where a marriage is contracted under duress, the party who was coerced may request the marriage registration authority or the people's court to revoke the marriage. A party who was coerced may request the annulment of the marriage within one year from the date of marriage registration. Where a party whose personal freedom has been illegally restricted requests the annulment of the marriage, the request shall be made within one year from the date of restoration of personal freedom.
Article 12 A marriage that is invalid or revoked shall be invalid from the very beginning. The parties involved do not have the rights and obligations of husband and wife. The property acquired during cohabitation shall be handled by agreement between the parties. When no agreement can be reached, the people's court shall make a judgment in accordance with the principle of giving due consideration to the innocent party. The handling of property in cases where a marriage is invalid due to bigamy shall not infringe upon the property rights and interests of the parties to the legal marriage. The children born to the parties concerned shall be subject to the provisions of this Law concerning parents and children.
Chapter Three Family Relations
Article 13 Husband and wife have equal status in the family.
Article 14 Both husband and wife have the right to use their own names.
Article 15 Both husband and wife have the freedom to participate in production, work, study and social activities. Neither party may restrict or interfere with the other.
Article 16 Both husband and wife have the obligation to practice family planning.
Article 17 The following properties acquired by the husband and wife during the existence of their marital relationship shall be jointly owned by them:
(1) Salary and bonus;
(2) Profits from production and operation;
(3) Income from intellectual property rights;
(4) Property obtained through inheritance or gift, except as provided for in the third item of Article 18 of this Law;
(5) Other properties that should be jointly owned.
Husband and wife have equal rights to deal with the property they jointly own.
Article 18 Any of the following circumstances shall be the property of one spouse:
(1) The pre-marital property of one party;
(2) Medical expenses, living allowances for the disabled and other expenses received by one party due to bodily injury;
(3) Property determined in a will or gift contract to belong solely to either the husband or the wife;
(4) Daily necessities exclusively used by one party;
(5) Other properties that should belong to one party.
Article 19 The husband and wife may agree that the property acquired during the marriage and the property owned before the marriage shall be owned separately, jointly, or partly separately and partly jointly. The agreement shall be in written form. Where there is no agreement or the agreement is unclear, the provisions of Articles 17 and 18 of this Law shall apply.
The agreement made by a couple regarding the property acquired during the marriage and the property owned before marriage shall be binding on both parties.
Where a husband and wife agree that the property acquired during their marriage shall be owned separately by each of them, any debt incurred by either spouse to a third party shall be settled with the property owned by that spouse if the third party is aware of such agreement.
Article 20 Husband and wife have the obligation to support each other.
When one party fails to fulfill the obligation of support, the party in need of support has the right to demand that the other party pay support fees.
Article 21 Parents have the obligation to support and educate their children. Children have the obligation to support and assist their parents.
When parents fail to fulfill their duty of support, minor children or those who are unable to live independently have the right to demand that their parents pay support fees.
When children fail to fulfill their duty of support, parents who are unable to work or have difficulty in making a living have the right to demand that their children pay support fees.
Infanticide, abandonment of infants and other acts of harming infants are prohibited.
Article 22 A child may take the father's surname or the mother's surname.
Article 23 Parents have the right and obligation to protect and educate their minor children. When minor children cause damage to the state, collectives or others, parents have the obligation to bear civil liability.
Article 24 Husband and wife have the right to inherit each other's estates.
Parents and children have the right to inherit each other's estates.
Article 25 Children born out of wedlock shall enjoy the same rights as those born in wedlock, and no one may harm or discriminate against them.
The biological father or mother who does not directly raise a non-marital child shall bear the child's living expenses and educational expenses until the child can live independently.
Article 26 The state protects legitimate adoption relationships. The rights and obligations between adoptive parents and adopted children shall be governed by the relevant provisions of this Law regarding the relationship between parents and children.
The rights and obligations between adopted children and their biological parents are eliminated upon the establishment of the adoption relationship.
Article 27 There shall be no abuse or discrimination between stepparents and stepchildren.
The rights and obligations between a stepfather or stepmother and the stepchildren who have been raised and educated by them shall be governed by the relevant provisions of this Law regarding the relationship between parents and children.
Article 28 Grandparents or maternal grandparents who have the ability to support shall have the obligation to support their minor grandchildren or maternal grandchildren whose parents have died or are unable to raise them. Grandchildren and maternal grandchildren who have the ability to support have the obligation to support their grandparents and maternal grandparents whose children have passed away or are unable to support them.
Article 29 Elder brothers or sisters who have the ability to support shall have the obligation to support their younger brothers or sisters who are minors and whose parents have died or are unable to raise them. Younger brothers and sisters who were raised by their elder brothers and sisters and have the ability to support them have the obligation to support their elder brothers and sisters who lack the ability to work and have no source of income.
Article 30 Children shall respect their parents' right to marriage and shall not interfere with their parents' remarriage or their life after marriage. The obligation of children to support their parents does not terminate due to changes in the parents' marital relationship.
Chapter Four Divorce
Article 31 Where both the man and the woman voluntarily apply for divorce, the divorce shall be granted. Both parties must apply for divorce at the marriage registration authority. When the marriage registration authority ascertains that both parties are truly voluntary and have properly handled issues related to their children and property, it shall issue a divorce certificate.
Article 32 If one party of a married couple requests a divorce, the matter may be mediated by the relevant department or the party may directly file a lawsuit for divorce with the people's court.
When the people's court hears a divorce case, it shall conduct mediation. If the relationship has indeed broken down and mediation proves ineffective, divorce should be granted.
Where any of the following circumstances exists and mediation proves ineffective, divorce shall be granted:
(1) Bigamy or cohabitation with a third party by a married person;
(2) Committing domestic violence or abusing or deserting family members;
(3) Has the habit of gambling, drug abuse or other vices and refuses to mend his ways despite repeated admonitions;
(4) Where the couple has been living separately due to incompatibility for a period of two years or more;
(5) Other circumstances that lead to the breakdown of the marital relationship.
If one party is declared missing and the other party files for divorce, the divorce shall be granted.
Article 33 Where the spouse of an active-duty military member requests a divorce, the consent of the military member shall be obtained, except where the military member is at fault seriously.
Article 34 During the period of pregnancy of the wife, within one year after childbirth or within six months after termination of pregnancy, the husband may not file for divorce. This restriction does not apply 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 After divorce, if both the man and the woman voluntarily restore their marital relationship, they must register for remarriage at the marriage registration authority.
Article 36 The relationship between parents and children shall not be eliminated due to the parents' divorce. After divorce, whether the children are directly raised by the father or the mother, they remain the children of both parents.
After divorce, parents still have the rights and obligations to support and educate their children.
After divorce, children who are still in the breastfeeding period shall, as a principle, be raised by the breastfeeding mother. For children after the breastfeeding period, if both parties fail to reach an agreement on the issue of custody, the people's court shall make a judgment based on the interests of the children and the specific circumstances of both parties.
Article 37 After divorce, if one party has custody of the children, the other party shall bear part or all of the necessary living expenses and educational expenses. The amount and duration of the expenses to be borne shall be agreed upon by both parties. When no agreement can be reached, the people's court shall make a judgment.
An agreement or judgment regarding the living expenses and educational expenses of children does not prevent the children from making reasonable demands for an amount exceeding the original amount stipulated in the agreement or judgment when necessary from either parent.
Article 38 After divorce, the parent who does not directly raise the child has the right to visit the child, and the other party has the obligation to assist.
The way and time for exercising the right of visitation shall be agreed upon by the parties. When no agreement can be reached, the people's court shall make a judgment.
If a parent's visitation of their child is detrimental to the child's physical or mental health, the people's court may, in accordance with the law, suspend the right of visitation. When the cause for suspension disappears, the right of visitation shall be restored.
Article 39 At the time of divorce, the common property of the husband and wife shall be handled by mutual agreement. When no agreement can be reached, the people's court shall make a judgment based on the specific circumstances of the property, adhering to the principle of giving due consideration to the interests of the children and the female party.
The rights and interests that a husband or wife enjoys in the family's contracted land management, etc., shall be protected in accordance with the law.
Article 40 Where a husband and wife have made a written agreement that the property acquired during the marriage shall be owned separately by each of them, and one party has performed more obligations such as raising children, taking care of the elderly, and assisting the other party in work, he or she has the right to request compensation from the other party upon divorce, and the other party shall provide compensation.
Article 41 At the time of divorce, debts incurred for the common life of the husband and wife shall be repaid jointly. Where the joint property is insufficient to settle the debts, or where the property belongs to each party respectively, the settlement shall be agreed upon by both parties. When no agreement can be reached, the people's court shall make a judgment.
Article 42 When a divorce occurs, if one party is in financial difficulty, the other party shall provide appropriate assistance from his or her personal property such as housing. The specific measures shall be agreed upon by both parties. When no agreement can be reached, the people's court shall make a judgment.
Chapter Five: Rescue Measures and Legal Liability
Article 43 Where a person commits domestic violence or abuses a family member, the victim has the right to make a request. The residents' committee, villagers' committee and the victim's employer shall dissuade and mediate.
In cases of ongoing domestic violence, the victim has the right to make a request, and the residents' committee or villagers' committee shall dissuade them. The public security organ shall stop it.
Where a person commits domestic violence or abuses a family member and the victim makes a request, the public security organ shall impose administrative penalties in accordance with the provisions of the law on public security administration punishments.
Article 44 Where a family member is abandoned, the victim has the right to make a request. The residents' committee, villagers' committee and the victim's employer shall dissuade and mediate.
Where a family member is abandoned and the victim makes a request, the people's court shall, in accordance with the law, make a judgment on the payment of maintenance, child support or alimony.
Article 45: Criminal responsibility shall be pursued in accordance with the law for bigamy, domestic violence, abuse or abandonment of family members. The victim may, in accordance with the relevant provisions of the Criminal Procedure Law, file a private prosecution with the people's court. Public security organs shall conduct investigations in accordance with the law, and people's procuratorates shall bring public prosecutions in accordance with the law.
Article 46 Where divorce is caused by any of the following circumstances, the innocent party has the right to claim damages:
(1) Bigamy;
(2) Cohabiting with another person while having a spouse;
(3) Committing domestic violence;
(4) Abusing or deserting family members.
Article 47 When a marriage is dissolved, if one party hides, transfers, sells off or damages the joint property of the couple, or forges debts in an attempt to seize the property of the other party, when dividing the joint property of the couple, the party who hides, transfers, sells off or damages the joint property of the couple or forges debts may be given a smaller share or no share at all. After a divorce, if the other party discovers any of the above-mentioned behaviors, they may file a lawsuit with the people's court, requesting a re-division of the marital joint property.
The people's court shall impose sanctions on the acts that hinder civil litigation as prescribed in the preceding paragraph in accordance with the provisions of the Civil Procedure Law.
Article 48 Where a person refuses to comply with a judgment or ruling concerning maintenance, child support, alimony, property division, inheritance of estates, visitation of children, etc., the people's court shall enforce it by compulsion in accordance with the law. Individuals and units concerned shall be responsible for assisting in the implementation.
Article 49 Where other laws provide otherwise for illegal acts and legal responsibilities concerning marriage and family, such provisions shall apply.
Chapter VI Supplementary Provisions
Article 50 The people's congress of an ethnic autonomous area has the right to formulate flexible provisions in light of the specific circumstances of ethnic marriage and family in the local area. The alternative provisions formulated by autonomous prefectures and autonomous counties shall come into effect after being approved by the standing committee of the people's congress of the province, autonomous region or municipality directly under the Central Government. The flexible regulations formulated by the autonomous region shall come into effect after being approved by the Standing Committee of the National People's Congress.
Article 51 This Law shall come into force as of January 1, 1981. Sichuan Faneng Law Firm is dedicated to serving you.