The Difference In Marriage And Family Law Between America And China
In the practice of dealing with foreign marriage cases, the marriage lawyer shall get a general idea and master the American Marriage and Family Law as the arising of the divorce cases concerning American. During my practice in dealing with foreign marriage cases, I have get knowledge of some American marriage and Family Law. If I compare the American with Chinese Marriage Law and show the difference to the readers, it will help them to control the difference between these two laws so that I can offer better service to the client by using such intellectual when doing cases. The same and difference of marriage conclusion essential
A. The terms of American Marriage Law
1. the requirements of marriage contract. Many states’ American marriage Law set out when registering a marriage in American, both parties shall be over 18 years old; those who have reached 16 but not the age of 18 shall get the admission of their parents or judge.
2. the requirement of registration. In American, The marriage shall consist of registration and holding a marriage ceremony. “the uniform Marriage and Divorce Act” Article 201 prescribes, the marriage between a man and a women will be effective after being approved, registered and held the marriage ceremony. Many States require those who want to get marry holding the marriage ceremony in front of pastor, judge or government officials. In Article 206 of “the uniform Marriage and Divorce Act”Ã¯¼Œthe court and the authorized government officials can host the marriage ceremony and it also can be hold as a religion ceremony.
Differ from Chinese law, the marriage certifications in different states have different useful-life which ranks from 30 days to 60 days. Both parties should hold the marriage ceremony during this period otherwise they will register the marriage again. There are 3 to 5 days before the court or government issues the certification after both parties application.
B. the stated term of Chinese law
1. The requirement of marriage contract
The Chinese Marriage Law regulates that no marriage may be contracted before the man has reached 22 years of age and the woman 20 years of age. This is later than American. In China, the Marriage system based on the free choice of partners and the legality marriage is not be intervened. No marriage may be contracted under any of the following circumstances:(1) if the man and the woman are lineal relatives by blood, or collateral relatives by blood up to the third degree of kinship; and (2) if the man or the woman is suffering from any disease, which is regarded by medical science as rendering a person unfit for marriage.
2. The Requirements of Registration. The male and female must go to the registry office by themselves or they are not legality spouse. After they registered, they are spouse and no announcement period is required.
The same and the difference of void marriage
A. The void marriage in American Marriage Law
The void marriage in the American Marriage Law system means the parties in the marriage are lack of the legal ability or will to marry, or other serious marriage obstacle. The main kinds of void marriage are as follows:
1. Both parties in the marriage are forbidden to marry by law. According to many states’ laws, no man can marry the woman who is lineal relative by blood, or collateral relatives by blood up to a scope with him, otherwise their marriage is void. For example, it prescribes in Massachusetts law that no man can marry his mother, grandmother, daughter, granddaughter, sister, stepmother, grand-stepmother, grandson’s wife, mother-in-law, grandma-in-law, wife’s daughter, wife’s granddaughter, brother’s daughter, sister’s daughter, father’s sister, mother’s sister.
2. Either party is not reach the legally marriageable age. It may cause the marriage to be void if one party is not reach 18 years old when holding the marriage ceremony. Those who do not reach the legally marriageable age shall get the approval of their parents or judge before marriage registration.
3. Bigamy. Many countries around the world don’t accept bigamy except the Africa and one or two Muslim countries.
4. Falsity. Falsity marriage means the marriage is based on a certain intention or aim. This situation mostly happens in the immigrant areas. Many citizens outside America emigrate to USA by marry an American citizen. To solve this problem, the American Immigration Law rules that those outside America persons who want to get the green card basing on the marriage shall have to stay in America for more than two years.
B. the void marriage in Chinese Marriage Law
According to article 10 in Chinese Marriage Law, Marriage shall be invalid under any of the following circumstances:
(1) if one party commits bigamy;
(2) if the man and the woman are relatives by blood up to the third degree of kinship;
(3) if, before marriage, one party is suffering from a disease which is regarded by medical science as rendering a person unfit for marriage and, after marriage, a cure is not effected; and
(4) if the legally marriageable age is not attained.
The same and the difference in the marriage dissolution
A. the marriage dissolution in America
1. Mental and Physical distemperedness. Mental distemperedness means one party can’t understand the character, right and the obligation of marriage with his or her mind when he or she marries. Physical disttemperedness mainly means one party is sexual disturbance and the other party doesn’t know this situation when marry him.
2. Marriage under coercion. One party agree to marry the other because the coercion. One party compel the other party to marry him by using force measures or both parties get married under the third party’s threat or enticement.
B. the marriage dissolution in China
According to Article 11 of the Chinese Marriage Law, in the case of a marriage made under coercion, the coerced party may make a request to the marriage registration office or the people’s court for the dissolution of the marriage contract. Such a request shall be made within one year as of the marriage registration date. The party concerned whose personal freedom is curbed illegitimately shall make a request for dissolution of the marriage contract within one year as of the date on which his or her personal freedom is restored. The party can only request the dissolution of the marriage under coercion. One party is sex incapacity or refuse sex life do not become to be the legal excuse to the dissolution of the marriage though such matters can be the reference gist to cognize mutual affection no long exists.