(I) Marriage registration
The man and the woman desiring to contract a marriage shall register in person with the marriage registration authority. If the proposed marriage is found to conform with relevant laws and regulations, they shall be approved to register and issued marriage certiffcates. The marriage relationship shall be established as soon as they acquire the marriage certiffcates.
1. Criteria for acceptance of marriage registration
(1) The application of marriage registration shall be ffled with a marriage registration authority in whose jurisdiction either party has been residing;
(2) Marriage must be based upon the complete willingness of both man and woman;
(3) No marriage may be contracted before the man has reached 22 years of age and the woman 20 years of age;
(4) The man and the woman desiring to contract a marriage shall register in person with the marriage registration authority;
(5) The man and the woman shall have no spouse (they shall be either unmarried, divorced or widowed);
(6) The man and the woman are not lineal relatives by blood, or collateral relatives by blood up to the third degree of kinship;
(7) Both the man and the woman hold valid identity documents and relevant proof documents.
2. List of application materials for marriage registration
(1) Three couple photos taken within 6 months (bare-headed, full face, red background), size: 2 inches;
(2) Valid identity documents and relevant proof documents.
Chinese Mainland Residents: Valid permanent residence registration booklet and ID card (If the party concerned has collectively registered permanent residence and is not able to provide the original copy of the first page of the collective permanent residence registration booklet, he/she may provide a photocopy of the ffrst page stamped with the offfcial seal of the organization that holds custody of the said booklet and the original copy of his/her own page). If his/her ID card has expired or been lost, a valid temporary ID card can be used.
Foreigners: Valid passport or other valid international travel documents; single status certiffcate, issued by a notary public or the local authority of their resident country, then certified by the Embassy (Consulate) of the People's Republic of China in that country or by the embassy (consulate) of that country in China, or the document stating the same as issued by the embassy (consulate) of that country in China.
If the certiffcate is issued by a country that has not established diplomatic relations with China, it shall be then certified by the embassy (consulate) in that country of a third country with which China has established diplomatic relations, or by the embassy (consulate) of a third country in China.
(II) Divorce registration
If the husband and the wife both desire a divorce, they shall sign a divorce agreement in writing and apply to the marriage registration authority in person for divorce registration. Within thirty days from the date of receiving the application for registration of divorce by the marriage registration authority, either party who does not desire a divorce may withdraw the application from the marriage registration authority. Within thirty days upon the expiry of the cooling-off period, they shall apply to the marriage registration authority in person for divorce certiffcates. Failure to apply for divorce certiffcates shall be deemed as a withdrawal of the application for divorce registration.
1. Criteria for acceptance of divorce registration
(1) The application of divorce registration shall be ffled with a marriage registration authority in whose jurisdiction either party has been residing;
(2) Divorce must be based upon the complete willingness of both the man and the woman;
(3) The man and the woman desiring a divorce shall register in person with the marriage registration authority;
(4) Both the man and the woman are with full capacity for civil conduct;
(5) Appropriate arrangements have been agreed by and between the man and the woman regarding the care of children and the disposition of property and debt;
(6) Both the man and the woman hold marriage certificates issued by marriage registration authority of Chinese Mainland or the Chinese embassy (consulate) outside of Chinese Mainland;
(7) Neither party commits bigamy;
(8) Both the man and the woman hold valid identity documents and relevant proof documents.
2. Procedures of divorce registration
(1) Application: If the couple desires a divorce, they shall provide a divorce agreement and apply for divorce registration with their identity documents and relevant proof documents to the marriage registration authority in whose jurisdiction either party has been residing. The Application Form for Divorce Registration shall be fflled in on spot.
(2) Acceptance: The marriage registration authority shall conduct a preliminary review of the identity documents and other proof documents submitted by the concerned parties and the Acceptance Receipt of Application for Divorce Registration shall be issued if the preliminary review finds all documents appropriate. If the application is found not to conform with criteria for divorce registration, it shall not be denied. When a concerned party requests the Notice on Non-Acceptance of Application for Divorce Registration, the said notice shall be issued.
(3) Cooling-off Period: Within 30 days after receiving the Acceptance Receipt of Application for Divorce Registration (from the next day of the date of receiving the application for registration of divorce by the marriage registration authority, to the 30th day that is not a public holiday or the working day immediately after the public holiday if the 30th day falls on a public holiday), either party who does not desire a divorce may withdraw the application from the registration offfce by presenting his/her own valid identity documents and filling in the Application Form for Withdrawing Divorce Registration. The Confirmation Form for Withdrawing Application for Divorce Registration shall be issued by the marriage registration authority if it ffnds all documents appropriate. If either party fails to present at the marriage registration offfce in person to apply for divorce certiffcates within thirty days upon the expiry of the cooling-off period, the application for divorce registration shall be deemed to be withdrawn.
(4) Review: Within 30 days after the cooling-off period (from the next day of the last day of the cooling-off period, to the 30th day that is not a public holiday or the working day immediately after the public holiday if the 30th day falls on a public holiday), the concerned parties shall apply to the marriage registration authority for divorce certiffcates in person by presenting their valid identity documents and other proof documents. The marriage registration authority shall review their true intention, identity documents and other proof documents as well as divorce agreement. If the application is found not compliant with criteria for divorce registration, it shall not be approved. When a concerned party requests the Notice on Disapproval of Application for Divorce Registration, the said notice shall be issued.
(5) Registration (issuing divorce certiffcates): The marriage registration authority shall go through the registration procedures and issue divorce certiffcates pursuant to the relevant laws and regulations.
3. List of application materials for divorce registration
(1) Marriage certificates issued by marriage registration authority of Chinese Mainland or the Chinese embassies and consulates outside of Chinese Mainland.
(2) Valid identity documents and relevant proof documents
Chinese Mainland Residents: Valid permanent residence registration booklet and ID card (If the party concerned has collectively registered permanent residence and is not able to provide the original copy of the ffrst page of the collective permanent residence registration booklet, he/she may provide a photocopy of the ffrst page stamped with the offfcial seal of the organization that holds custody of the said booklet and the original copy of his/her own page). If his/her ID card has expired or been lost, a valid temporary ID card can be used.
Foreigners: Valid passport or other valid international travel documents.
(3) The Application Form for Divorce Registration shall be filled in on spot in the marriage registration authority.
4. List of application materials for divorce certiffcates
(1) Marriage certificates issued by marriage registration authority of Chinese Mainland or the Chinese embassies and consulates outside of Chinese Mainland.
(2) Valid identity documents and relevant proof documents
Chinese Mainland Residents: Valid permanent residence registration booklet and ID card (If the party concerned has collectively registered permanent residence and is not able to provide the original copy of the ffrst page of the collective permanent residence registration booklet, he/she may provide a photocopy of the ffrst page stamped with the offfcial seal of the organization that holds custody of the said booklet and the original copy of his/her own page). If his/her ID card has expired or been lost, a valid temporary ID card can be used.
Foreigners: Valid passport or other valid international travel documents. If overseas Chinese or foreigners have had their passports replaced when they apply for divorce registration, the old passports used for the purpose of marriage registration shall be submitted along with the new ones. If they are unable to submit their old passports, a proof document on change of passport number issued by a competent authority shall be submitted. Where the old passport number appears in the new passport, the above documents or materials can be exempted.
(3) Three copies of a divorce agreement signed by the concerned parties in the presence of a marriage registration offfcer.
(4) Two single photos of the concerned parties taken within 6 months (bare-headed, full face, red background), size: 2 inches
(5) If the identity and personal information of either concerned party are changed, a proof document issued by the competent authority or department shall be provided.
(6) Acceptance Receipt of Application for Divorce Registration or any proof document on missing or lost receipt.
5. Divorce registration procedures