Mainland Expert: Lowering the Marriage Threshold Strips Parents of Information Rights

Against the backdrop of a record low number of marriages in China during the first half of this year, the Ministry of Civil Affairs of the Chinese Communist Party recently published a notice soliciting opinions on the “Marriage Registration Regulations (Draft for Soliciting Opinions).” Contrasting with the current Marriage Registration Regulations, the draft amendment has made significant changes to the registration process, sparking heated public discussion. The public is focusing on the draft amendment lowering the marriage threshold and making divorce more difficult, with experts also expressing doubts.

The draft of the “Marriage Registration Regulations (Draft for Soliciting Opinions)” drafted by the Ministry of Civil Affairs of the Chinese Communist Party is currently soliciting opinions from various sectors of society. The most noteworthy amendment is that both marriage and divorce registrations no longer require household registration books, and the previous regional jurisdiction requirements for registration have also been abolished.

Netizens have mixed opinions on this provision. In the comments section of news articles, a subtle emotional response can be observed, with many netizens expressing concerns that eliminating the need for household registration books in marriage registration may lead to young people entering marriage hastily. Comments like “Young people who are clueless might marry someone casually without a household registration book. What can be done about that?” or “This way, ignorant children will secretly get married” are abundant.

Another notable point in the “Marriage Registration Regulations (Draft for Soliciting Opinions)” is the establishment of a 30-day cooling-off period for divorce. During these 30 days, as long as one party objects, divorce cannot proceed.

Shanghai economic expert Xie Gongxin stated that recent data released by the authorities indicated that the number of marriages in the first half of 2024 hit a new low, halved compared to a decade ago, while the number of divorces has increased significantly. Seeing this situation, it is not difficult to understand the intent behind the Ministry of Civil Affairs’ release of the amended Regulations on Marriage Registration.

Xie Gongxin analyzed the potential consequences of this legislation. He pointed out that requiring a household registration book for marriage would force younger people to obtain them from their parents, ensuring that parents are informed and preventing clandestine marriages. However, with the elimination of the requirement for a household registration book in marriage registration, parental information rights are nearly impossible to enforce.

“The biggest impact of this legislation is depriving parents of information rights, making marriage entirely the decision of the individuals involved. It is foreseeable that once this legislation is implemented, there will inevitably be many female college students who impulsively marry during their time at school,” said Xie Gongxin.

Regarding the provision in the draft concerning a 30-day cooling-off period for divorce, Xie Gongxin remarked that as long as one party opposes divorce within 30 days, the marriage cannot be dissolved.

He emphasized that the biggest issue with the “Marriage Registration Regulations (Draft for Soliciting Opinions)” lies in the low entry threshold and the lack of an exit mechanism, which will inevitably lead to significant conflicts. “If you want a divorce, you won’t be able to get one. At this rate, divorce may not even be allowed in the future. Once you register for marriage, you are locked in for life. Do you think some people might resort to extreme measures? Therefore, this legislation truly requires further consideration.”

Guizhou blogger “Spring Breeze of Law” expressed that following the revision of the Marriage Registration Regulations, essentially, anyone can get married on the spot whenever they want to. “I know some parents of girls are probably very agitated now because no one wants their hard-raised daughters to be taken away. Originally, restrictions could be imposed using household registration books, but now, parental control over their children’s marriage has been directly taken away. Your child might be in class one second and could be getting a marriage certificate from the Civil Affairs Bureau the next.”

The language regarding divorce in the revised draft of the Marriage Registration Regulations stipulates that once a divorce application is submitted, it can only be processed after 30 days. During this period, if either party changes their mind, the divorce application can be revoked directly. Netizens unanimously believe that this makes divorce increasingly difficult.

“Spring Breeze of Law” questioned whether all the modifications have one goal: to increase the marriage and birth rates. However, with such lenient entry and strict exit requirements, can the goal be achieved?

“I personally think it’s very difficult. For example, if a bank makes it very easy to deposit money but extremely difficult, or even impossible, to withdraw it, would anyone still deposit money there? Claiming marital freedom, but only emphasizing the freedom to marry while making divorce as difficult as reaching the heavens, will only make people more fearful of marriage, reluctant to marry.”

Henan netizen “Wonderful Magpie C1” believes that social contradictions will only increase.