Marriage Law
Article 7 Marriage is prohibited under any of the following circumstances:
(1) lineal blood relatives and collateral blood relatives within three generations;
(2) Suffering from diseases that are medically considered unsuitable for marriage.
Article 10 A marriage is invalid under any of the following circumstances:
(1) Bigamy;
(2) Having a kinship that prohibits marriage;
(three) suffering from diseases that are medically considered unsuitable for marriage before marriage and are not cured after marriage;
(four) under the legal age of marriage.
Article 11 If a marriage is made by coercion, the coerced party may request the marriage registration authority or the people's court to cancel the marriage. If the coerced party requests to dissolve the marriage, it shall do so within one year from the date of marriage registration. If the party whose personal freedom is illegally restricted wants to dissolve the marriage, it shall do so within one year from the date of restoring personal freedom.
Article 12 An invalid or revoked marriage shall be null and void from the beginning. The parties do not have the rights and obligations of husband and wife. Property acquired during cohabitation shall be handled by the parties through agreement; If the agreement fails, the people's court shall make a judgment according to the principle of taking care of the innocent party. The property disposal of invalid marriage caused by bigamy shall not infringe upon the property rights and interests of the parties to legal marriage. The provisions of this law concerning parents and children shall apply to the children born to the parties concerned.
Thirty-first men and women who voluntarily divorce shall be granted divorce. Both parties must apply for divorce at the marriage registry. When the marriage registration office finds out that both parties really want and have properly handled the children and property issues, it will issue a divorce certificate.
Article 32 If a man or a woman requests a divorce, the relevant department may mediate or directly file a divorce lawsuit with the people's court.
When trying divorce cases, the people's court shall conduct mediation; If the relationship has really broken down and mediation fails, divorce shall be granted.
In any of the following circumstances, if mediation fails, divorce shall be granted:
(a) bigamy or a spouse living with others;
(2) committing domestic violence or abusing or abandoning family members;
(three) gambling, drug abuse and other bad habits;
(four) separated for two years due to emotional discord;
(5) Other circumstances that lead to the breakdown of the marriage relationship.
If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted.
Article 33 A spouse of an active serviceman who wants a divorce must obtain the consent of the active serviceman, except that one of the active serviceman has a major fault.
Article 34 During pregnancy, within one year after delivery or within six months after termination of pregnancy, a man may not file for divorce. This restriction shall not apply if the woman files for divorce or the people's court deems it necessary to accept the man's request for divorce.