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What is marital freedom？ What are the protective measures for marital freedom？
Time:2025-09-01 Views:1606
Introduction: Marriage freedom includes two aspects, marriage freedom and divorce freedom, which together constitute the complete meaning of the principle of marriage freedom. Freedom to marry is the freedom to establish a marital relationship, while freedom to divorce is the freedom to dissolve a marital relationship; Marriage freedom is a prerequisite for achieving marriage freedom, and divorce freedom is a necessary supplement to marriage freedom. Divorce allows for the dissolution of unfree marriages and creates conditions for the formation of free marriages. Without the freedom of divorce, it is impossible to have complete freedom of marriage.
1、 What are the definitions of freedom to marry and freedom to divorce
A、 freedom to get married
Freedom of marriage refers to the freedom of the parties to a marriage to enter into a marital relationship in accordance with the law. Whether or not the parties are married, and with whom they are married, is their own right, and no one has the right to interfere. Voluntantariness is a prerequisite for achieving freedom of marriage, and mutual agreement is a necessary condition for marriage to be based on mutual love. But voluntariness must not violate the conditions and procedures stipulated by law, because freedom of marriage does not mean that the parties can do whatever they want in marriage issues. In terms of freedom of marriage, the act of arranging, forcing, or interfering with others' marriages is opposed, as are various reckless behaviors. Both parties to the marriage must meet the statutory conditions for marriage as stipulated in the Marriage Law.
B、 freedom of divorce
Divorce freedom refers to the freedom of spouses to dissolve their marriage relationship in accordance with the law. Since the establishment and maintenance of marriage should be based on love, then when both parties or society are fortunate. It is inappropriate to view divorce as a tragedy. Rather than saying that divorce shakes the stable family relationships that existed before, or even accelerates the public dissolution of previously binding marriage relationships, it is more accurate to say that the divorce system provides a remedy for couples who cannot live together, and for those who suffer from the pain of being unable to dissolve a marriage that exists in name only. For a deceased marriage, divorce is undoubtedly a good method and also beneficial for safeguarding the rights of both parties.
But divorce is an important legal act that relates to the stability of the family and the happiness of the children. As some wise people have said, marriage, divorce, remarriage, and remarriage, as a personal freedom, must be weighed against the interests of society. Therefore, this freedom is based on the interests of others, including children, spouses, taxpayers, and even the entire society.
While safeguarding the freedom of divorce, we oppose hasty divorces. Because divorce means the termination of the marital relationship, it will trigger a series of legal consequences, which will have a certain impact on both parties, their families, and society. So we cannot abuse the freedom of divorce. People must be cautious when dealing with divorce issues. The civil affairs department and the people's court generally first mediate divorce to reduce the phenomenon of hasty divorce.
2、 Protective measures
A、 Marriage protection
In order to ensure the implementation of the five principles, the Marriage Law specifically stipulates that "arranged marriages, buying and selling marriages, and other acts that interfere with the freedom of marriage are prohibited, taking property through marriage is prohibited, bigamy is prohibited, and abuse and abandonment among family members are prohibited", which provides necessary supplements from another perspective.
Arranged marriage refers to the illegal act of a third party violating the principle of marital freedom by arranging and forcing others to marry.
Marriage buying and selling refers to the illegal act of a third party arranging and forcing others to marry with the purpose of demanding a large amount of property.
Borrowing property from marriage refers to the illegal act of taking property from marriage other than buying and selling marriage. In this case, the marriage between a man and a woman is basically voluntary, but one party (mainly the woman or her parents) demands a lot of property from the other party as a condition for marriage.
There are two understandings of bigamy: one is legal bigamy, which refers to a situation where a married person registers marriage with another person; The second is de facto bigamy, which refers to a situation where a married person, although not registered as married to another person, cohabits with another person in a marital relationship. In arranged marriages, if one party escapes and marries again, it will not be treated as bigamy; Marriage after family separation during natural disasters is not considered bigamy.
According to the Marriage Law of our country, marriage is prohibited for blood relatives (formed by blood ties) and individuals with specific illnesses within a certain range. There are two types of blood relatives who are prohibited from getting married: one is direct blood relatives, namely parents, children, grandparents and great grandparents, and grandchildren... Marriage is prohibited. According to the Marriage Law of our country, marriages are also prohibited between adoptive parents and their adopted children, as well as between stepparents and their raised and educated stepchildren. The other is close relatives, namely brothers and sisters, including siblings sisters and half brothers and half sisters (excluding those who are not related by blood), uncles and nieces, aunts and nephews, uncles and nieces, aunts and nephews, cousins sisters and cousins sisters. In addition, Article 6 of the Marriage Law of 1980 stipulates: "Those who suffer from untreated leprosy or other diseases that are medically considered unfit for marriage are prohibited from getting married
B、 Divorce protection
（1） The upbringing and education of children after divorce.
a. The relationship between parents and children after divorce. Article 29, Paragraph 1 of the Marriage Law of China stipulates: "The relationship between parents and children shall not be extinguished by the divorce of the parents." Article 29, Paragraph 2 of the Marriage Law specifically states: "After divorce, parents still have the right and obligation to raise and educate their children
b. The question of where to raise children. Article 29, Paragraph 3 of China's Marriage Law stipulates: "After divorce, children who are breastfeeding shall be raised by their breastfeeding mother as a principle. If there is a dispute between the two parties over the issue of raising children after breastfeeding and an agreement cannot be reached, the people's court shall make a judgment based on the rights and interests of the children and the specific circumstances of both parties." In the issue of raising children, it is necessary to emphasize the protection of the interests of the children and also consider the reasonable demands of the parents.
c. The burden of child rearing expenses. Article 30 of the Marriage Law of our country stipulates: "After divorce, if one party raises a child, the other party shall bear part or all of the necessary living and educational expenses. The amount and duration of the expenses shall be agreed upon by both parties; if an agreement cannot be reached, the people's court shall make a judgment. The agreement or judgment on the living and educational expenses of the child shall not prevent the child from making reasonable demands to either parent beyond the amount originally agreed upon in the agreement or judgment when necessary
（2） Property and life after divorce
a. The division of joint property between spouses. Divorce not only dissolves the personal relationship between husband and wife, but also terminates the original property relationship between them. The property that can be divided between the two parties in divorce is limited to the joint property of the couple, which refers to the property obtained by the couple during the existence of the marriage relationship, including income from individual or joint labor, purchased property, inherited or donated property, and other legal income. The personal property before marriage and the property used by both parties shall, in principle, belong to the individual. If the pre marital property and post marital property cannot be clarified, or if the property is abandoned after all the pre marital achievements, but has been married for many years and is jointly used, operated, and managed by both parties for a long time, it can be regarded as joint property of husband and wife. Article 31 of the Marriage Law of our country stipulates: "In the event of divorce, the joint property of husband and wife shall be handled by mutual agreement; if an agreement cannot be reached, the people's court shall make a judgment based on the specific circumstances of the property and the principle of taking into account the rights and interests of the wife and children." For certain specific issues related to property division, they shall be properly handled in accordance with the regulations of relevant departments. The demobilization and rehabilitation fees received by demobilized and demobilized soldiers can be divided into joint property upon divorce if the couple has lived together for a long time. However, the medical expenses brought back by demobilized and demobilized soldiers from the army should belong to themselves.
b. Repayment of debts. Article 32 of the Marriage Law of our country stipulates that "at the time of divorce, the debts originally borne by the couple in their joint life shall be repaid with common property. If the property is insufficient to repay the debt, both parties shall agree to repay it; if the agreement cannot be reached, the people's court shall make a judgment. The debts borne solely by one party shall be repaid by themselves." Article 33 of the Marriage Law of our country stipulates: "At the time of divorce, if one party is facing difficulties in living, the other party shall provide appropriate economic assistance. The method of divorce shall be agreed upon by both parties; if the agreement cannot be reached, the people's court shall make a judgment
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