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source:The Paper Beijing News

The "Marriage Registration Regulations (Draft for Soliciting Opinions on the Revised Draft)" drafted by the Ministry of Civil Affairs is currently soliciting opinions from all sectors of society.

Source: Ministry of Civil Affairs website

Article 8 of the law stipulates that mainland residents who apply for marriage registration must produce the following certificates and written materials: (1) their resident identity card; and (2) a signed declaration that they have no spouse and that they have no direct blood relationship or collateral blood relationship within three generations with the other party.

Article 5 of the current "Marriage Registration Regulations" clearly states that mainland residents who apply for marriage registration must produce the following documents and certification materials: (1) their household registration book and identity card; (2) a signed declaration that they have no spouse and that they have no direct blood relationship or collateral blood relationship within three generations with the other party.

In comparison,The "Marriage Registration Regulations (Draft for Soliciting Opinions on the Revised Draft)" deleted the requirement to provide household registration books during the marriage registration process.This change has also aroused widespread attention and discussion among netizens.

Earlier in July 2023, some netizens left a message saying that it is unreasonable to require the provision of a household registration book for marriage registration, which is contrary to the principle of "freedom of marriage" stipulated in the Constitution, and suggested that this regulation be revised.

The Ministry of Civil Affairs' Social Affairs Department later responded that freedom of marriage mainly refers to not violating the true wishes of the parties to the marriage. Providing household registration books is to clarify the jurisdiction of marriage registration, prevent bigamy and other issues, and protect the rights and interests of the parties to the marriage, which does not conflict with freedom of marriage.

Another netizen left a message on the Ministry of Civil Affairs website in June 2023, saying that it is unreasonable to provide a household registration book for marriage registration. The ID card and the household registration book are essentially the same, both issued by the public security agency and have the same effect. Why do you have to provide a household registration book after providing an ID card? Many young people often cannot produce their household registration books due to rude interference from their parents. This is contrary to the principle of "freedom of marriage" stipulated in the Constitution. It is recommended to revise this provision.

In response to this, the Ministry of Civil Affairs’ Social Affairs Department replied that we will pay attention to netizens’ suggestions.

The "Marriage Registration Regulations (Draft for Comments)" also made adjustments to the divorce process. Article 15 states that mainland residents applying for divorce registration must produce the following documents: (1) their resident identity card; (2) their marriage certificate.

Article 11 of the current "Marriage Registration Regulations" states that mainland residents who apply for divorce registration must produce the following documents and certification materials: (1) their household registration book and identity card; (2) their marriage certificate; and (3) a divorce agreement signed by both parties.

It is also worth noting that the draft also removes the geographical restrictions on marriage registration.

Articles 7 and 13 of the draft law stipulate that when mainland residents get married, both men and women should go to the marriage registration office to register their marriage. When mainland residents voluntarily divorce, both men and women should sign a written divorce agreement and go to the marriage registration office to apply for divorce registration.

The current "Marriage Registration Regulations" stipulates in Articles 4 and 10 that when mainland residents get married, both men and women should go to the marriage registration authority where one of the parties is permanently registered to register their marriage. When mainland residents voluntarily divorce, both men and women should go to the marriage registration authority where one of the parties is permanently registered to register their divorce.

In recent years, my country has piloted the "cross-province handling" of marriage registration for mainland residents, and has gradually revised the geographical jurisdiction restrictions of marriage registration. Last year, the State Council agreed that the Ministry of Civil Affairs would expand the pilot program of "cross-province handling" of marriage registration for mainland residents, and implement the "cross-province handling" of marriage registration and divorce registration in 21 provinces (autonomous regions and municipalities).

Now, the draft formally cancels the geographical jurisdiction restrictions on marriage registration. For people who work in non-registered places for a long time, it will be more convenient to register their marriage in the future.

In addition, the draft also added new regulations on a 30-day "divorce cooling-off period" and "marriage can be annulled if a major illness is concealed before marriage", and made specific provisions on the "divorce cooling-off period"; it also made provisions on the work requirements of marriage registration authorities when handling registrations, and made it clear that no fees should be charged for marriage registrations, etc.