Supreme People's Court, Several Questions Concerning the Application of the «PRC, Marriage Law» Interpretation (1)

Issued: December 27 2001
Effective: as of date of issue

Main contents: The Interpretation provides interpretation and clarification of certain terms and provisions of the PRC, Marriage Law. Most of these terms and provisions are related to cohabitation, validity of marriage, division of matrimonial property or compensation upon divorce and visitation rights after divorce. For example, where the PRC, Marriage Law says "a married person cohabits with another person" it shall be interpreted as saying that a married person lives with a person of the opposite sex in a continuous and stable manner but not as a married couple (Article 2). Where two persons live together as husband and wife without marriage registration, they shall be deemed married in fact if their conditions satisfy the substantial elements of a marriage before February 1 1994, or shall be required to complete marriage registration (failing that they shall be deemed in cohabitation only) if their conditions satisfy the substantial elements of a marriage after February 1 1994 (Article 5). This principle also applies in determination of whether one person in the couple shall have inheritance right upon the death of the other person (Article 6). The Interpretation provides that interested third parties may apply to a people's court for nullification of a registered marriage and that such interested parties include a grass-roots social organization where the application is made on the ground of bigamy (Article 7). In such a case, the legally married party may participate in the proceedings with independent claims to the matrimonial property (Article 16). The Interpretation also provides that where an item of property lawfully belongs to only one party to the marriage, it will not become the common property of the married parties because of the existence and continuation of the marriage unless otherwise agreed by the married parties (Article 19). Where a divorce judgment contains no decision on visitation rights, either party may initiate independent proceedings in respect of visitation rights (Article 24). Enforcement of a judgment on visitation rights shall not be made against the children concerned (Article 32).
Related legislation: PRC, Marriage Law (Revised), Apr 28 2001 CLP 2001 No. 5 p12;PRC Civil Procedure Law (2nd Revision) and Administration of Marriage Registration Regulations, Feb 26 1994