The way marriage is conducted in China has, of course, come a long way.  From traditional, arranged marriages to one which granted more freedom to choose. Many changes were codified in the Marriage Law of the People's Republic of China of 1980.

Despite the new norms and consistencies with international marriage law customs, it is still important to note (and understandable) that it is more straightforward for Chinese citizens to marry in China than foreigners. Foreign citizens who desire to marry a Chinese citizen or a resident face a more lengthy legal and procedural steps. Furthermore, Chinese law demands that at least one of the spouses possess a residence permit in China for marriage to occur.

In addition to all the other requirements, it is important to note that same-sex marriage is not recognized in China under the Marriage Law.

Finally, for better or for worse, there is an increase in the use of pre-nuptial agreements in China as well.

Procedure

Step 1:

 The potential Chinese spouse must fill out a marriage registration application form at a marriage registration office in his or her hukou place. A hukou is a household registration record that officially identifies a person as a permanent resident of an area and includes identifying information such as name, parents, spouse and date of birth.

Step 2: 

Both parties need to have their birth and health certificates. Both are also required to visit a hospital designated by the marriage registration department for examination and receive a certification of health. If either of the parties is a foreigner, they must obtain their birth certificate from the place of their birth.

Step 3:

 Both also need to get a certificate of marriageability or single certificate to demonstrate that they are not married to any other person either in China or in any other country. If the certificate is from a foreign country, it needs to be copied into a Chinese language translation. The applicants shall bear the expenses for interpretation service.

Step 4: 

A foreign fiancé/fiancée needs to bring their passport to prove who they are. The Chinese counterpart is also required to have a letter from the parents giving permission to their child to marry a foreigner and a copy of their Hukou - Household Registration Book.

Step 5: 

When all the paperwork has been gathered at the marriage office, the potential spouses will submit their application alongside all the certifications and required information from the previous steps. At this stage, the couple will be required to pay a registration fee.

Step 6:

 The marriage office will then approve or decline the application. Upon approval, the couple will then become registered for marriage. Three pictures will be taken of the spouses, and then they will proceed with the marriage and then be given a marriage certificate.

It is important to note that the issuance of a Chinese marriage certificate is only done at the appropriate office. The couple must appear personally at that appropriate Bureau of Civil Affairs.

Documents

When applying for a certificate of marriageability in China, the applicant must present the following items at the time of application to the consulate/embassy:

1. Notarized proof that any previous marriage had been dissolved. Foreigners need officially notarized copies stating that they are divorced, and this proof is obtained from their home country's national or local government. From a practical point of view, a foreign person should obtain these documents before they travel to China.

2. A passport or other documents certifying his/her identity and citizenship

3. Certificate of Legal Capacity to Contract Marriage

4. Chinese partner’s national ID card, or shenfenzheng.

5. Chinese partner’s Hukou, which every Chinese citizen has, or a residency permit. In practice, if a Chinese partner applies for a Certificate of Marriageability outside of their home district, it follows that their hukou will be sent to their current location. This might take a few more days.

Prohibitions

Despite the provisions on marriage between Chinese citizens and foreigners, two categories of Chinese citizens are not allowed to marry foreigners: (1) army personnel in active service, diplomatic personnel, public security personnel, confidential personnel, and other personnel in charge of important confidential work and (2) persons receiving re-education through labour or serving a criminal sentence.

Please contact us (inquiries@chinalawsolutions.com) to get in touch with an experienced advisor who can assist with marriage matters in China.  All inquiries are treated as confidential.