Compared with the current "Marriage Registration Regulations" issued in August 2003, the revised draft stipulates that marriage registration and divorce registration no longer require the issuance of a household registration book, and the registration area is no longer restricted by "the place of permanent residence of one party". It is required to strengthen the informatization construction of marriage management. The
draft also adds the relevant content of the 30-day "divorce cooling off period" to , clarifying the three types of circumstances under which divorce registration will not be accepted and the circumstances under which a marriage can be annulled.
This morning, many topics such as #Marriage registration no longer requires a household register ##divorce cooling-off period##divorce cooling-off period written into the marriage registration regulations# were trending on Weibo, triggering heated discussions among netizens. It is reported that the deadline for feedback on is September 11, 2024.
Household register is no longer required for registration of marriage and divorce
Revised Draft Article 8 Mainland residents who apply for marriage registration shall provide the following certificates and written materials:
(1) Resident ID card of the individual;
(2) I have no spouse and the person I am with The other party does not have a signed statement of direct blood relations and collateral blood relations within three generations.
Article 5 of the current 2003 version of the "Marriage Registration Regulations" Mainland residents who apply for marriage registration shall produce the following certificates and supporting materials:
(1) My household registration book and ID card;
(2) I have no spouse and the other party There is no signed statement of direct blood relationship and collateral blood relationship within three generations.
Revised Draft Article 15 Mainland residents applying for divorce registration shall produce the following documents:
(1) My resident identity card;
(2) My marriage certificate.
Article 11 of the current 2003 version of the "Marriage Registration Regulations" Mainland residents who apply for divorce registration shall produce the following documents and supporting materials:
(1) My household registration book and ID card;
(2) My marriage certificate;
(3) Divorce agreement signed by both parties.
Remove geographical restrictions on marriage and divorce registration
Revised draft Article 7 When mainland residents get married, both men and women should go to the marriage registration authority to register their marriage together.
Article 4 of the current 2003 version of the "Marriage Registration Regulations" When mainland residents get married, both men and women shall jointly go to the marriage registration office where one party has his or her permanent residence to register the marriage.
Revised Draft Article 13 If a mainland resident voluntarily divorces, both the man and the woman shall sign a written divorce agreement and jointly apply for divorce registration at the marriage registration authority.
Article 10 of the current 2003 version of the "Marriage Registration Regulations" If a mainland resident voluntarily divorces, both men and women shall jointly go to the marriage registration authority where one party has his or her permanent residence to register for divorce.
Divorce cooling-off period is written into the Marriage Registration Regulations
In conjunction with the Civil Code, the revised draft adds a 30-day "divorce cooling-off period" related content.
Revision Draft Article 15 Mainland residents applying for divorce registration shall produce the following documents:
(1) My resident identity card;
(2) My marriage certificate. Hong Kong residents, Macao residents, Taiwan residents, overseas Chinese, and foreigners who apply for divorce registration shall, in addition to the certificates specified in item (2) of the preceding paragraph, Hong Kong residents, Macao residents, and Taiwan residents shall also present their valid passes (or Hong Kong and Macao residents). Taiwan residents’ residence permit) and identity cards. Overseas Chinese and foreigners should also present their valid passports or other valid international travel documents, or foreigners’ permanent residence identity cards.
Revised Draft Article 16 Within thirty days from the date when the marriage registration authority receives the divorce registration application, if either party is unwilling to divorce, the divorce registration application may be withdrawn from the marriage registration authority that originally applied for divorce registration, and the marriage registration authority shall terminate the application. Divorce registration process.
Revised Draft Article 17 Within thirty days after the expiration of the time limit stipulated in Article 16 of these Regulations, both men and women shall jointly go to the marriage registration authority where the divorce registration was originally applied for with the certificates and divorce agreement specified in Article 15 of these Regulations to apply for issuance. Give divorce certificate. The divorce agreement should state the intention of both parties to divorce voluntarily and the consensus on matters such as child support, property and debt settlement.
revised draft Article 18 The marriage registration authority shall examine the certificates and written materials issued by the parties involved in divorce registration and inquire about relevant information. If the parties concerned are indeed divorcing voluntarily and have reached an agreement on child support, property, debt and other issues, they shall be registered on the spot and a divorce certificate shall be issued.
Revision Draft Article 19 If within thirty days after the expiration of the time limit stipulated in Article 16 of these Regulations, both the man and the woman fail to jointly apply to the marriage registration authority for issuance of a divorce certificate, the application for divorce registration shall be deemed to have been withdrawn, and the divorce registration procedure shall be automatically terminated. If both a man and a woman apply for divorce registration again, they shall resubmit the application in accordance with the procedures stipulated in these regulations.
clarifies three types of circumstances under which divorce registration will not be accepted.
The revised draft also clarifies three types of circumstances under which divorce registration will not be accepted.
Revised Draft Article 14 If the parties applying for divorce registration have one of the following circumstances, the marriage registration authority will not accept the application:
(1) No divorce agreement has been reached;
(2) Belonging to a person without capacity for civil conduct or with limited civil rights A person with legal capacity;
(3) The marriage registration was not handled in mainland China.
The circumstances under which a marriage can be annulled are clarified.
Several clauses in the revised draft clarify the circumstances under which a marriage can be annulled.
Revised Draft Article 12 If a marriage occurs due to coercion, the party under coercion may apply to the People's Court to annul the marriage in accordance with the law. If one party suffers from a serious illness, he or she must truthfully inform the other party before registering the marriage; if the party fails to truthfully inform the other party, the other party may request the People's Court to annul the marriage. Article 25 of the revised draft and other evidence materials, the relevant circumstances should be reviewed, and the relevant marriage registration should be canceled in a timely manner if the conditions are met.
What do you think of these revisions?
Source: Beijing Daily Comprehensive Report
