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Regulations on Control of Marriage Registration

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Chapter III

Registration of Marriage

Article 8 Parties applying for marriage registration shall truthfully provide to marriage registration authorities relevant certificates and documents stipulated in these Regulations and shall not conceal the truth.

In handling marriage registration, marriage registration authorities shall not require applicants to provide any certificate and document not stipulated in these Regulations.

Article 9 Both parties intending to get married must appear in person at the marriage registration authority in the place where either of the parties has his/her residence registration and apply for marriage registration. On application, they shall hold the following certificates and documents:

(1) certificate of each applicant's residence registration;

(2) resident identity cards of each applicant;

(3) marital status certification issued by each applicant's unit, villagers committee or residents committee.

A divorced person shall be required to hold his/her divorce certificate.

In places practising pre-marital health check-ups, parties applying for marriage registration must go to the designated medical care institution for pre-marital health check-ups and present the pre-marital health check-up report to the marriage registration authority.

Article 10 A system of pre-marital health check-ups shall be set up in places where the conditions have been fulfilled. Areas to be decided to practise pre-marital health check-ups shall be proposed by civil affairs departments and public health departments of people's governments in provinces, autonomous regions and municipalities directly under the Central Government and be reported to the people's governments at the same level for approval.

Article 11 Marriage registration authorities shall examine applications for marriage registration and shall promptly grant registration and issue marriage certificates to those applicants who conform to the marriage conditions. For a divorced person, his/her divorce certificate shall be revoked. The husband-and-wife relationship shall be established as soon as they acquire the marriage certificates.

Article 12 If either of the parties applying for marriage registration falls under any of the following categories, the marriage registration authority shall not register their marriage.

(1) not reaching the legally marriageable age;

(2) not based upon willingness;

(3) already having a spouse;

(4) if the parties are lineal relatives by blood, or collateral relatives by blood up to the third degree of kinship; or

(5) suffering from a disease with which a person is prohibited from marriage or postponed to be married as stipulated by law.

Article 13 Where parties applying for marriage registration are interfered with by their units or a third party and this enables them not to obtain the required documents, the marriage registration authority shall grant registration after confirming that they really conform to the marriage conditions.

Article 14 Both parties intending a divorce must appear in person at the marriage registration authority in the place where either of the parties has his/her residence registration and apply for divorce registration. On application, they shall hold the following certificates and documents:

(1) certificates of each applicant's resident registration;

(2) resident identity cards of each applicant;

(3) introduction letters issued by each applicant's unit, villagers committee or residents committee;

(4) the divorce agreement; and

(5) the marriage certificate.

Article 15 A divorce agreement shall clearly contain matters agreed upon between both parties regarding their intentions of divorce, fostering of children, economic aid for difficulties in living of the husband or the wife and disposal of property and debts. The contents of such an agreement shall be conducive to the protection of legitimate rights and interests of women and children.

Article 16 The marriage registration authority shall examine the divorce application submitted by the parties and shall, within one month from the date of accepting the application, register the divorce, issue them a divorce certificate and revoke their marriage certificates where the parties conform to the divorce conditions. The husband-and-wife relationship shall be rescinded as soon as they acquire the divorce certificate.

Article 17 If one divorced party fails to perform his/her duty according to the divorce agreement, the other party may bring a civil lawsuit before a people's court.

Article 18 If either of the parties applying for divorce registration falls under any of the following categories, the marriage registration authority shall not accept the application.

(1) if only one party requires a divorce;

(2) if both parties require a divorce, but fail to reach an agreement regarding matters such as fostering of children, economic aid for difficulties in living of the husband or the wife and disposal of property and debts;

(3) if one party or both parties is or are a person(s) with limited capacity for civil conduct or with no capacity for civil conduct; or

(4) if they didn't go through marriage registration.

Article 19 Both divorced parties intending to resume their husband-and-wife relationship must appear in person at the marriage registration authority in the place where either of parties has his/her residence registration and apply for the registration of resumption of marriage. The marriage registration authority shall handle the application for resumption of marriage submitted by the parties according to the procedure for registration of marriage and the parties may omit pre-marital health check-ups.

Article 20 Marriage registration authorities shall explain reasons in writing for rejecting applications for marriage registration submitted by parties.

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