Marrying a Chinese citizen. Travel and wedding arrangements

Marriage registration with a citizen of China

If a marriage with a foreign national is registered within the borders of the PRC, it is formalized in accordance with the current legislation of the PRC. Marriages in China are concluded in accordance with the PRC Marriage Law and the Regulation on Marriage Registration dated July 30, 2003.

To apply for marriage registration, a citizen of the PRC and a foreign citizen, having all the necessary documents and photographs, submit an application to the marriage registration authority. Registration of marriages in which one of the spouses is a foreign citizen is carried out by marriage registration authorities at the place of permanent registration of the Chinese spouse hùkǒu (hukou).

After checking the documents and finding them compliant with the legal requirements, the marriage registration authority approves the marriage registration, processes the registration within 1 month, and issues a Marriage Registration Certificate.

If the parties do not meet these conditions, the marriage registration authority refuses registration with an explanation of the reason.

To register a marriage, a Chinese citizen is required to provide:

1. confirmation of the place of registration of this person;
2. confirmation issued by the people's government at the county level at the place of registration of this person or issued by a state authority not lower than the county level, an educational or other institution, enterprise at the place of work of this person; this document must contain the name and surname, gender, date of birth, nationality, marital status (single, divorced, widowed), occupation, nature of work of this person, as well as information about the person with whom marriage registration is being applied for;
3. marital status confirmation issued by the notary office of the respective state and legalized by the Ministry of Foreign Affairs of the PRC (or an authorized body) and the embassy (consulate) of the PRC in the respective state, or marital status confirmation issued by the embassy (consulate) of the respective state in the PRC.

A foreign citizen, when registering a marriage, is required to provide:

1. “Foreign Resident Permit” issued by the public security authority;
2. confirmation issued by the people's government at the county level at the place of registration of this person or issued by a state authority not lower than the county level, an educational or other institution at the place of work of this person; this document must contain the name and surname, gender, date of birth, marital status, occupation of this person, as well as information about the person with whom marriage registration is being applied for.

In addition, parties applying for marriage registration must also submit proof of a pre-marriage medical examination issued by a medical institution designated by the marriage registration authority.

Citizens of a country that does not have diplomatic relations with China, if they wish to marry Chinese citizens, must have their marriage status certificate authenticated by the Ministry of Foreign Affairs of a third country that has diplomatic relations with both China and the country to which these citizens belong, or by the embassy or consulate of that third country in China.

The marriage registration authority cannot register a marriage if:

1. one or both spouses do not reach the legally established marriageable age (in the PRC, the marriageable age for men is 22 years, for women – 20 years);
2. there is a lack of voluntariness to enter into marriage;
3. there is a spouse on one or both sides;
4. there is a blood relationship along the direct line or along the collateral line within three generations;
5. there is a medical condition that medically prohibits marriage.

The following categories of PRC citizens are prohibited from marrying foreigners:

1. military personnel;
2. diplomats;
3. employees of public security organs;
4. secret service agents and other holders of state secrets;
5. convicted and incarcerated individuals.

Documents for registering a marriage at the consular office of the Republic of Belarus in the People's Republic of China:

• joint application of the persons entering into marriage;
• passports or other identity documents of the persons entering into marriage;
• application for reduction of the marriage age, decision of the guardianship and trusteeship authorities, or a copy of the court decision declaring the minor fully capable (emancipation), medical certificate of health status (confirming pregnancy) of the person entering into marriage – for a person under 18 years of age;
• application of the persons entering into marriage for reducing the marriage registration period, indicating valid reasons or special circumstances necessitating the reduction, and documents serving as the basis for reducing this period – in case of reducing the marriage registration period;
• application of the persons entering into marriage, indicating valid reasons why they cannot come to the registry office for marriage registration – in case of registering a marriage outside the registry office;
• copy of the court decision establishing the fact of being in a common-law marriage relationship that arose before July 8, 1944 – in case of registering a marriage based on such a court decision;
• document confirming payment.

In addition to the specified documents, individuals entering into marriage must submit:

• a residence permit issued by the competent authority of the country of permanent residence, if the citizen of the Republic of Belarus permanently resides outside the Republic of Belarus;
• a document confirming the absence of a registered marriage with another person, issued by the competent authority of the country of permanent residence, if the citizen of the Republic of Belarus permanently resides outside the Republic of Belarus;
• documents confirming the termination of the previous marriage (except for documents issued by the civil registry office of the Republic of Belarus), in case of divorce.

The registration period for marriage is 3 months from the date of submission of the joint application.

The cost of registering a marriage (including the issuance of a marriage certificate) is 50 euros.

Divorce

The main regulatory documents in this area are the "Marriage Law of the PRC" and the "Civil Procedure Code of the PRC".

When divorcing, you can choose the country with the most acceptable conditions for the parties, i.e., a divorce application can be filed either in the PRC or in another country.

When registering a divorce at the consular office of the Republic of Belarus in the People's Republic of China:

• application;
• passports or other identity documents of the applicants (applicant);
• a copy of the court decision on divorce that entered into force before September 1, 1999 (if necessary);
• a document confirming payment.

Registration of divorce with the issuance of a certificate is carried out within 2 days from the date of submission of the application, and in case of requesting information and (or) documents from other state bodies, other organizations – 1 month from the date of submission of the application.

The consular fee is 50 euros.

If one of the spouses is a foreigner, as a rule, a decision of the People's Court of China is required for divorce, which is made on the basis of the relevant provisions of the "Civil Procedure Code of the PRC". Both spouses or one of them can file for divorce in such a situation. As a rule, a man does not have the right to file for divorce during his wife's pregnancy and within a year after the birth of the child, as well as within six months in case of interrupted pregnancy.

Consequences of divorce

Divorce has the following additional consequences. Firstly, the division of joint property of the spouses and joint repayment of debts, secondly, the provision of financial assistance to the party experiencing material difficulties, and thirdly, the mutual participation of the former spouses in the upbringing of children.

Marital property acquired jointly by spouses is divided by mutual agreement of the parties, unless the parties have agreed otherwise in a special agreement (i.e., have not entered into a prenuptial agreement). Otherwise, the specific decision is made by the People's Court. Debts incurred during the marriage must be repaid by the spouses.

Rights and Interests of Children

A child born in the PRC, and if one of his parents has Chinese citizenship, will be a citizen of China.

After a divorce, infants, if they are still breastfeeding, unconditionally remain with the mother. And, as a rule, this also applies to children under the age of 2. After the children wean from breastfeeding, if the parents cannot come to an agreement on their own regarding the children's residence, this issue is decided by the court, based on the specific situation, with the aim of protecting the rights and interests of the children. In this case, factors such as with whom a minor child over 2 years old will receive better conditions for healthy growth, psychological health, protection of their legal rights are taken into account, i.e., the conditions and capabilities of each parent are considered. If the child is already 10 years old, then his opinion is also taken into account. Both parents have the rights and obligations to raise and educate the children. After a divorce, one party takes on the responsibilities for raising the children, and the other party undertakes to assume, in full or in part, the necessary expenses for the children's daily needs and education. The amount and timing of such expenses are agreed upon by the parties. If it is impossible to reach an agreement, they are determined by the people's court. If harm to the interests and rights of minor children is discovered, it is possible at any time, in the manner prescribed by law, to request a change in the relationship.