Keith Mack
Marriage in modern China has undergone significant changes, evolving from traditional structures such as arranged marriages to a system where individuals now have the freedom to choose their partners. While China has implemented various marriage laws over the years, including the New Marriage Law of 1950, it is important to note that the country does not recognize common-law marriages or de facto marriages except for those existing before February 1, 1994, when China's Ministry of Civil Affairs (MCA) commenced its marriage registration regime. This means that couples living together without registering their marriage are not granted the same legal rights and protections as married couples, and in the event of a breakup, they must rely on general property laws to determine the ownership of their assets. Despite the lack of recognition for common-law marriages, China has made strides in other areas of marriage law, including expanding the grounds for divorce and providing protection for victims of domestic violence, even in cohabiting relationships.
| Characteristics | Values |
|---|---|
| Recognition of common-law marriages | No recognition of common-law marriages or de facto marriages except those existing before 1 February 1994 |
| Recognition of same-sex marriages | No recognition of same-sex marriages |
| Recognition of foreign marriages | Generally recognized by Chinese courts regardless of whether they involve a Chinese citizen, provided that such recognition does not violate China's public policies |
| Minimum age for marriage | 22 for men, 20 for women |
| Divorce laws | Three forms of divorce: by mutual agreement, by court mediation, and by appeal to the People's Court |
| Grounds for divorce | Complete alienation of mutual affection, domestic violence, addictions, cheating, bigamy, adultery, infertility, disobedience to parents, etc. |
| Marriage registration | Required for legal recognition and protection by the government |
| Marriage law slogan | "Men and women are equal; everyone is worth his (or her) salt." |
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What You'll Learn
- China's Ministry of Civil Affairs decreed weddings must uphold core socialist values and Chinese traditional culture
- Same-sex marriages are not recognised in China
- China's divorce rate is increasing, despite marriage being viewed as a natural part of life
- China's New Marriage Law of 1950 outlawed arranged marriages and child betrothals
- China's current laws do not specify how WIDs should exercise their rights to marriage
China's Ministry of Civil Affairs decreed weddings must uphold core socialist values and Chinese traditional culture
China has undergone significant changes in its marriage laws and traditions over the last century. The twentieth century saw a major transformation in Chinese marriage traditions, shifting from traditional structures such as arranged marriages to a system where individuals generally have the freedom to choose their partners. This change was largely due to the New Marriage Law of 1950, which promoted the principle of freely chosen monogamous marriages and the official registration of marriages. The law also provided equality for women and allowed them a free choice in marriage, with the system rejecting marriages that were forced.
In December 2018, China's Ministry of Civil Affairs issued a decree stating that weddings should uphold core socialist values and excellent Chinese traditional culture. This decree was made at a conference on wedding reform, aiming to curb the growing trend of extravagant and wasteful weddings. Officials stated that modern ceremonies had become overly lavish, with competition driving more and more extravagant celebrations, expensive gifts, and extreme rituals for "hazing" the bride and groom. The Ministry expressed its desire to create a "'simple and appropriate' marriage etiquette" that advocates "diligence and thrift, and opposes extravagance and waste." They also intended to set guidelines on the process of weddings and the amount of cash given as gifts.
While China has made strides in modernising its marriage traditions and laws, there are still issues regarding the recognition of certain marriages and the protection of individuals' rights. Before February 1, 1994, when the Regulations on the Administration of Marriage Registration were issued, the Chinese government recognised de facto marital relationships. While Chinese law no longer recognises these marriages, many couples continue to live together as husband and wife without obtaining an official marriage certificate. This has led to difficulties for individuals, particularly women with intellectual disabilities (WIDs), in obtaining legal protection of their rights.
Additionally, despite the rising divorce rate in China, marriage is still considered a natural part of the life course and a responsibility of good citizenship. The government has implemented measures such as a 30-day "cooling-off" period for uncontested divorces to prevent impulsive decisions. However, there are concerns about the effectiveness of these measures, as China's divorce rate continues to increase, with 1.96 million couples applying for divorce in 2010, a 14% increase from the previous year.
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Same-sex marriages are not recognised in China
China has a long history of same-sex relationships, but cultural tolerance of same-sex eroticism has faded in modern times. Acts of homosexuality were outlawed and classified as "hooliganism" in 1956 and punished under criminal law. Since then, there has been no recognition of same-sex unions in China.
While same-sex marriage is not recognised in China, there have been attempts to legalise it. In 2016, a court in Changsha heard the first case to litigate gay marriage rights in mainland China. The lawsuit was filed by 26-year-old Sun Wenlin, who had been refused permission to marry his 36-year-old partner, Hu Mingliang. The Changsha court ruled against Sun, but he and Hu were married in a private ceremony in Changsha in May 2016. They expressed their intention to organise 99 more same-sex weddings across the country to normalise same-sex marriage. In 2020, attempts to legalise same-sex marriage were unsuccessful, but polling suggests that support for the legal recognition of same-sex marriage is rising in China.
Despite the lack of legal recognition, there have been some positive developments for same-sex couples in China. In Hong Kong, the same-sex partners of local residents can obtain dependent visas, and same-sex spouses of government employees receive the same spousal benefits, including medical care and joint tax assessment, as heterosexual spouses. Hong Kong courts have also ruled in favour of equal treatment for same-sex couples regarding inheritance rights and parental recognition after the breakdown of a relationship. Additionally, Beijing provides dependent residency status to the same-sex foreign partners of legal foreign residents.
However, there are still many challenges for the LGBTQ+ community in China. There are no anti-discrimination provisions for sexual orientation or gender identity under Chinese labour law, and it is not possible for foreign same-sex couples to adopt Chinese children. Censorship of LGBTQ+ content in media and film is also prevalent, and LGBTQ+ individuals are not allowed to become government officials.
Overall, while there have been some improvements in certain areas, same-sex marriages are not recognised in China, and the LGBTQ+ community continues to face legal and social obstacles in the country.
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China's divorce rate is increasing, despite marriage being viewed as a natural part of life
China's divorce rate has been steadily increasing over the past two decades, with a record high of 4.7 million divorces in 2019. This is a significant increase from the 1.96 million couples who applied for divorce in 2010, which was already 14% higher than the previous year and twice as high as ten years prior. The divorce rate in China soared from around 0.96 divorces per 1,000 people in 2000 to 3.36 divorces in 2019, a much higher rate compared to other countries in the Asia Pacific region. While China's divorce rate is lower than that of Western countries, it is on the rise, and this has prompted a shift in the country's attitude towards marriage.
Despite the rising divorce rate, marriage is still considered a natural part of life and a responsibility of good citizenship in China. This is partly due to cultural and parental pressures, especially on women, to choose socially and economically advantageous marriage partners. The tradition of a groom providing a new home for his future wife or the couple's families providing a material foundation for their future grandchildren can also be a factor in the decision to marry. Additionally, the high cost of real estate may make marriage more economical for young couples.
China has implemented various legal policies that have transformed the institution of marriage over the years, such as the New Marriage Law of 1950, which promoted freely chosen monogamous marriages and the official registration of marriages. The law provided equality for women and allowed them to have free choice in marriage, rejecting marriages that were forced or involved human trafficking, children, or patriarchs. The family planning policy in place from 1979 to 2015 also contributed to the changes in marriage practices in China.
Divorce laws in China have also undergone significant changes, reflecting the evolution of societal and cultural norms. Historically, divorce was mainly available to men, with women facing extreme measures to escape a marriage. Today, there are three recognized forms of divorce in China: divorce by mutual agreement, divorce by court mediation, and divorce by appeal to the People's Court. The increasing divorce rate in China may be influenced by the rising education levels among women, leading to more equal footing in divorce decisions. Additionally, urban residents experience higher divorce rates than rural areas, and China's urbanization drive may be a factor in the rising divorce rates.
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China's New Marriage Law of 1950 outlawed arranged marriages and child betrothals
Marriage in China has undergone significant changes, especially with the introduction of new legal policies such as the New Marriage Law of 1950, which transformed traditional structures for Chinese marriage. This law outlawed arranged marriages and child betrothals, marking a radical shift from the existing patriarchal marriage traditions. The law promoted the principle of freely chosen monogamous marriages and the official registration of marriages. It also provided equality for women, allowing them to choose their partners and granting them the right to divorce.
Prior to the New Marriage Law, Chinese marriage was often arranged or forced, with concubinage being a common practice. The law prohibited such practices, including concubinage, child betrothal, and interference with the remarriage of widows. It emphasized the free choice of partners, monogamy, equal rights for both sexes, respect for the elderly, and care for the young. The official slogan of the law reflected these values: "Men and women are equal; everyone is worth his (or her) salt."
The implementation of the New Marriage Law in 1950 was supported by yearly propaganda campaigns from 1950 to 1955 to popularize it. As a result, more than 90% of marriages in China were registered and considered compliant with the new law. However, there were reports of violence against women who attempted to exercise their newly granted rights, particularly in relation to divorce. To address this conflict, the Women's Federation promoted and organized "Marriage Law Month" in 1953.
The New Marriage Law also had an impact on the registration system in China. It allowed officials to reject marriages that were forced or involved human trafficking, children, or infants. The couple themselves were the only authorized parties to register their marriage. This helped set new expectations for marriages and contributed to building a society that was very different from the past.
While the New Marriage Law brought about significant changes, there has been debate over its effectiveness and the state's commitment to its full implementation. The law was updated in 1980 by the Second Marriage Law, also known as the Revised Marriage Law (RML), which further liberalized divorce, introduced the one-child policy, and instructed courts to prioritize the interests of women and children in property distribution during divorce proceedings. This update was led by Chinese politician Kang Keqing after the significant conflict surrounding the initial law.
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China's current laws do not specify how WIDs should exercise their rights to marriage
China's marriage laws have undergone significant changes over the years, reflecting the evolution of societal and cultural norms. While China has made strides towards gender equality in marriage, there are still gaps in the legal protection of the rights of women with intellectual disabilities (WIDs).
Before 1994, China's Ministry of Civil Affairs (MCA) recognised de facto marital relationships. However, this is no longer the case, and now, for a marriage to be legally recognised, it must be registered with the government in accordance with the marriage law. This shift has led to challenges for WIDs in securing their rights in marriage and reproduction. China's current laws do not explicitly outline how WIDs should exercise these rights, leaving them vulnerable to illegal marriage relationships and childbearing.
The lack of clear guidelines on how WIDs can exercise their marital rights contradicts China's commitment to the United Nations Convention on the Rights of Persons with Disabilities (CRPD). Article 12 of the CRPD stipulates that persons with disabilities (PWDs) are entitled to equal recognition before the law. Additionally, Article 33 of China's Constitution affirms the equality of all citizens under the law.
Despite the absence of specific provisions for WIDs in China's marriage laws, there are some legal protections in place. For instance, marriage registration organs are responsible for identifying potential cases of human trafficking or kidnapping during the registration process and reporting them to the relevant authorities. This measure helps safeguard vulnerable individuals, including those with intellectual disabilities, from being coerced into marriages against their will.
Furthermore, China has implemented new reforms to the Civil Code, indicating a willingness to address gaps in legal protection for vulnerable groups. However, unreasonable restrictions on the exercise of marriage and reproductive rights by WIDs persist, underscoring the need for more comprehensive and inclusive legislation.
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Frequently asked questions
No, China does not recognize common-law marriages, except for those existing before February 1, 1994, when China's Ministry of Civil Affairs (MCA) issued the Regulations on the Administration of Marriage Registration.
China's current laws do not specify how individuals with intellectual disabilities should exercise their rights to marriage and reproduction. The rights and interests of such individuals may not be realized or protected, even though these types of marriages are common in rural communities.
In 1994, China formally commenced its marriage registration regime, which no longer recognized de facto marital relationships.
The non-recognition of common-law marriages in China means that couples living together without registering their marriage have little protection, especially in terms of financial protection, if their relationship breaks down.
No, China does not recognize same-sex marriages as they are considered contrary to the country's public policies.
