Customer Cases
What is women's marital autonomy？
Time:2025-09-01 Views:1915
In China, citizens have the right to marital autonomy, and marriage or divorce is completely voluntary. No one is allowed to interfere or prevent it. Let's follow the editor of Fanneng Law Firm to understand what women's marital autonomy is.
1、 What is women's marital autonomy
The state protects women's marital autonomy. It is prohibited to interfere with women's freedom of marriage and divorce.
Freedom of marriage is a fundamental principle of China's Marriage Law, which refers to the right of marriage parties to independently decide their own marriage. The specific content of marriage freedom includes two aspects: marriage freedom and divorce freedom. The so-called freedom of marriage refers to the freedom of the parties to enter into a marriage relationship in accordance with the law. In other words, marriage must be completely voluntary for both the man and the woman, and neither party is allowed to force or interfere with the other party. Ensuring freedom of marriage is not only a protection of women's marital autonomy, but also enables both men and women to form partners based on their own wishes and establish a happy and fulfilling family. The so-called freedom of divorce refers to the freedom of the parties to dissolve the marriage relationship in accordance with the law, that is, under legal conditions, both parties to the marriage have the right to file for divorce, and no one may interfere. Ensuring the freedom of divorce not only protects women's autonomy in marriage, but also enables the dissolution of an unsustainable marital relationship, relieving both parties of the pain of a marriage that exists only in name. Freedom to marry and freedom to divorce are unified, and both are indispensable to each other.
Marital autonomy is a right enjoyed by both men and women. Due to the influence of traditional beliefs, women's marital autonomy is more susceptible to infringement than men's.
2、 Interference with women's autonomy in marriage
Firstly, arranged or bought and sold marriages. Arranged marriage refers to a third party violating the principle of marital freedom. The illegal act of forcing women to marry or divorce. Marriage buying and selling refers to the illegal act of a third party arranging and forcing a woman to marry with the purpose of demanding a large amount of property. Article 3 of the Marriage Law explicitly prohibits arranged or bought and sold marriages.
Secondly, adopting a 'child bride'. Adopting a "child bride" was a form of arranged marriage in old China where parents bought and sold their children. The groom's family received an underage woman as a "child bride" at a lower cost, and when she reached adulthood, regardless of whether she voluntarily or not, she had to marry the buyer's man. Therefore, adopting a "child bride" is a serious violation of women's marital autonomy.
3、 Acts that infringe upon women's marital autonomy
(1) Infringement of the right to make independent decisions regarding engagement.
Such as arranging someone else's engagement, forcing them to engage or not engage, infringing on others' rights through engagement, and so on.
(2) Infringement of marital autonomy.
Such behaviors include arranged marriages, buying and selling marriages, prohibiting widows from remarrying or forcing widows to marry, interfering with the household registration of men and women, interfering with the remarriage of parents, forcing one party to marry the other party, interfering with the marriage of unmarried individuals, and obstructing marriage registration.
(3) Infringement of divorce autonomy.
Such as forcing others to divorce, forcing others not to divorce, deceiving divorce, one party's unit taking administrative measures not to divorce, using collective appeals, joint petitioning, tarnishing the reputation and personality of the other party to force not to divorce, and so on.
The above article introduces to you the concept of women's marital autonomy, which refers to the specific personality rights of women to make their own decisions on the formation and termination of marriage in accordance with legal provisions, without being forced or interfered by anyone else. Any act that interferes with their freedom of marriage may constitute infringement, and serious cases require legal responsibility. Sichuan Faneng Law Firm is dedicated to serving you.