4 February 2021
On November 24, 2020, the Ministry of Civil Affairs issued the "Notice on Implementing the Regulations on Marriage Registration in the Civil Code of the People's Republic of China" (hereinafter referred to as the "Notice"). The notice will come into effect on January 1, 2021. The content is as follows.
1. The marriage registration agency will no longer accept business cancellation due to coercion of marriage.
The marriage registration authority no longer accepts applications for revocation of marriage due to coercion. Article 4, paragraph 3, and chapter 5 of the "Regulations for Marriage Registration Work" are repealed, and the "and revocable marriage" in Article 14 (5) is deleted. The expressions "cancel a coerced marriage" in Article 25(2) and "cancel a marriage" in Article 72(2).
2. Adjust the divorce registration procedures and increase the divorce cooling-off period. Divorce registration is handled according to the following procedures:
(1) Application. If both spouses get divorced voluntarily, they shall sign a written divorce agreement, and jointly apply to the marriage registration authority with jurisdiction and provide relevant certificates and supporting materials.
(2) Acceptance. The marriage registrar conducts a preliminary review of the relevant materials submitted by the parties in accordance with the relevant provisions of the "Regulations for Marriage Registration Work". The marriage registrar shall issue a "Receipt of Acceptance of Divorce Registration Application" after the initial examination of the documents and certification materials submitted by the parties is correct. Those who do not meet the requirements for divorce registration applications will not be accepted. If the party requests the issuance of the "Notice of Not Accepting the Application for Divorce Registration", it shall be issued.
(3) Cooling-off period.
Within 30 days from the date when the marriage registration agency receives the divorce registration application and issues the "Divorce Registration Application Acceptance Receipt" to the parties, if either party is unwilling to get a divorce, they can present their valid ID and the "Divorce Registration Application Acceptance Receipt" , Withdraw the divorce registration application to the marriage registration agency that accepted the divorce registration application. Within 30 days after the expiration of the divorce cooling-off period, if both parties fail to jointly apply for the issuance of a divorce certificate at the marriage registration authority, the application for divorce registration shall be deemed to have been withdrawn.
(4) Review. Within 30 days after the expiration of the divorce cooling-off period (if the last day of the period is a holiday, the first day after the holiday shall be the expiration date), both parties should present relevant certificates and materials to jointly apply to the marriage registration authority Issue a divorce certificate.
(5) Registration (issuance of certificates). The marriage registration authority shall register and issue a divorce certificate in accordance with Article 58 to Article 60 of the "Regulations on Marriage Registration Work".
3. Filing of divorce registration files. The marriage registration agency shall establish divorce registration files and form electronic files in accordance with the "Administrative Measures for Marriage Registration Files". The filing materials should add all the materials in the application for divorce registration.
4. The "Notice" also requires the civil affairs bureaus to strengthen publicity and training, do a good job in supporting links, and strengthen risk prevention and control. The "Notice" also attached standard texts such as the relevant application, confirmation and declaration for divorce registration.
For further information, please contact:
Lawyer Zhang Kaixuan, Lee Tsai & Partners
lawtec@leetsai.com
