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Marriage Registration in China

International marriages are increasingly common:  those between foreigners and Chinese citizens are no exception. The laws and procedures for an international marriage are those of the country you are marrying in, and in most situations there is no need to marry in both as a marriage in one country is normally recognised in all others. However, there are a few issues such as the minimum age a person may marry and the possibility of having multiple spouses in some cultures which can cause a marriage to be invalid elsewhere. You should also remember that even though your country recognises your overseas marriage, it typically does not provide an automatic right for your spouse to enter your country: that is normally subject to a separate application and far from certain to be approved.  In the same way a foreigner has no automatic right to live in China because he or she has married a Chinese.  However, starting from June 1, 2010, foreigners who have Chinese spouse living in China are eligible to apply for a Family Visit Visa/Residence Permit with longer duration of stay here.

This article will explain the basic rules that foreigners need to know about marrying in China and also consider some related topics such as some of the customs associated with marriage registration.  
 

Administration of Marriage

This is handled by municipal Civil Affairs Bureau (Minzheng Ju 民政局). Normally, you will have to go to the office in the jurisdiction in which the Chinese partner is registered on her or his hukou (户口) though there are a few reports that couples have been able to marry in an office local to where the Chinese partner is living.  It is in the nature of the Chinese system that there can be such variations in the implementation of the rules, so it is always worth checking on procedures when you visit to collect an application form.

The persons marrying must reach the required minimum age: for men that is 22 years and for women 20 years old, except that persons may marry younger with parental permission. Persons must not be married to another person who already has a husband or wife: having more than one husband or wife in any country is not permitted under Chinese law. Only a male and a female, not two persons of the same gender, can get married here.  
 

Application

The application is equivalent to a civil marriage in many western countries but it is entirely administrative, there is no ceremony at all. The event normally takes well under one hour, sometimes as little as 15 minutes.  

You should obtain the forms and complete them in advance.  So then you can attend the Civil Affairs Bureau – and in some cities you will have a special section for 'international marriages' - and submit the application with the following (there are notes and explanations after the list): 

• Both:  Single Status Certificate, If applicable, finalised divorce papers  or death certificate of ex-spouse for the widowed

• Both:  Birth certificate

• Together:  Three official style photos of the couple together – generally, the civil affairs office provides this service.

• Together:  The fee

• Chinese person: Household registration book (hukou) 

• Foreigner: Passport

• Foreigner: Notarised translations in Chinese of all originals not in Chinese (except the passport. There are official translators who provide this service in China.

When everything is completed satisfactorily, you will leave – as a married couple!  You will either be given you marriage certificate as you leave or you might be asked to collect it in a few days.
 

Some notes on the procedures:

1.Single Status Certificate for the foreigner

• The Single Status Certificate (also known as: Affidavit of Single Status, Certificate of No Record of Marriage, Certificate of No Impediment, Single Status Statutory Declaration, Certificate of Legal Capacity to Contract Marriage,  etc).  This is intended to show that you are not currently married. Each country has its own way of providing this, and some countries offer the service via an embassy or consulate in China, so you should check your own country' s websites to find the relevant procedures.  

In some countries it is possible for persons to obtain a certificate form stating they are eligible to marry, Australians can obtain a 'No Record of Marriage (Single Status) Certificate.  However, many countries cannot provide this so you must make a formal statement, often known legally as an 'affidavit', that you are single. This is the way in the USA, please read more information about the "Marriage Registration in China for US Citizens" at http://www.chinaconsulatesf.org/eng/lszj/rz/t42743.htm. If you cannot obtain a standard form, you should draft your own affidavit, if possible using the preferred style of your country, stating your full name and address, occupation and employer, and your passport number.  State that you have never been married before, or that you have not remarried since your divorce or became widowed on whatever date.

• Typically, the next step is to have the affidavit notarised according to the law of the local jurisdiction.  This includes signing the document and having it witnessed by a notary public or an equivalent in your legal system.  However, in some jurisdictions there can be extra steps.  In the USA you must send the notarised affidavit to the Secretary of the State Office of the state in which it was executed although in some states you must first send it to the notary public's county clerk. 

In Australia, in cases where a person cannot obtain a  Single Status Certificate they can obtain a form called a Certificate of No Impediment to Marriage from the Department of Foreign Affairs and Trade – in essence it is a structured affidavit or 'statutory declaration'.

Even just considering two countries we can see there are many variations on the basic idea.  In Canada and Britain the requirements are similar to what has been described here. Clearly, you will have to check exactly what the requirements are for where you live.  Remember that in many countries a certificate of single status is not part of its system, so you use the general purpose affidavit or swearing on oath.  If you are not truthful, you are breaking the law where you made the affidavit, and you will probably break the heart of your loved one when you are found guilty of bigamy!

• You must complete the Application for Authentication of Notarisation form at the local Chinese Consulate and submit it to them for authentication.  You must submit it with the legal document from overseas (typically, the notarised affidavit) and pay the fee.  The handling time is normally four working days but for an extra fee it can be processed quicker.

2. The hukou 户口is the family book which records all important family matters and importantly the holder' s official place of residence.  It is not always easy for Chinese to transfer this to the new city so it is quite common that a  Chinese is considered a non-resident of the municipality and you will probably have to go to her or his registered city.  However, there are some reports that couples have married locally and simply had to attend at a different section of the local office.

3. You will probably need to make an appointment for the marriage in advance, but if you are arriving from overseas and in a hurry, the Chinese partner can do this before you arrive.  It is reported that some offices require the application to be lodged 21 days in advanced.

4. You commence the application in your home country: you can take any required documents to the consulate where you apply for your visa.  You can complete an Authentication Form obtained from the consulate (or download it from some Chinese consulate websites) and submit it to them with your foreign documents. This might also assist if you are seeking a long duration tourist visa so that you can stay with your spouse – it would provide evidence of your intents and purpose of travel, or if there is any extra complexity with your documents or situation they can be resolved more easily at this point.

5. Notarised translations: if you need help finding an approved translator, ask at the Civil Affairs Bureau or the Chinese consulate in your home country if you are applying in advance.

6. Minimum age: Parental permission for persons below the age of consent can be presented as a letter which includes the index fingerprint of each parent below their signatures and date).

 Tips: 
The Chinese Marriage Customs can help you to understand the difference of culture and society between you and your Chinese fiancee/fiance.

Please share opinions and tips on how to date and marry Chinese in our International Marriage Forum.

- Last modified on May. 29, 2020 -
Questions & Answers on Marriage Registration in China
Asked by Auston Louis from USA | Jul. 10, 2020 21:23Reply
convert tourist Visa to family visa
I'm an American with a ten year tourist Visa with a 60 day stay per visit. My Chinese wife and I were married last year on Guam, which is a US territory. What is the procedure to convert my tourist Visa to a family visa so I can remain In China longer?
Answers (1)
Answered by Eric from USA | Jul. 12, 2020 20:14
00Reply


Auston, where are you now? If you are now in China, you should visit the US embassy in China and have your marriage certificate authenticated by the embassy. Then go to the local exit and entry administration to convert your visa before the stay duration ends.
Asked by Bill from CHINA | Jul. 08, 2020 21:25Reply
Marriage age is wrong
The article says that the age for marriage is 22 for men and 20 for women, but those younger may be married with parental permission. This is incorrect. There are no exemptions for the age based on parental permission. However there are exemptions for certain minority groups
Answers (1)
Answered by Alan from CHINA | Jul. 12, 2020 20:05
00Reply


Bill, you are right. According to Chinese law, the legal marriage age for men is 22, and 20 for women.
Asked by Geronimo from BRAZIL | Jul. 06, 2020 17:18Reply
Visa back to china
Hi, I’m Brazilian citizen and I have work permit and visa for working in china valid but is suspended due the COVID, my wife is chinese and my son also Chinese , they are here in Brasil with me, there are a way to go back to china with my wife ask or invite me to make new visa? Thank you
Answers (1)
Answered by Serena from UNITED KINGDOM | Jul. 12, 2020 20:03
00Reply


Your wife and son can go back to China, but I'm afraid you can't at present situation.
Asked by itsaso from SPAIN | Jul. 01, 2020 10:11Reply
visa for marrying
HI, I wanted to ask if there is any visa requirement to get marry or if any visa is ok. In my case , my boyfriend is chinese and we date for two years. we planed to marry after his graduation, but due to the outbreak I am in my homecountry now. we plan to marry after the borthers open again for foneighners , but my visa expired. So i dont know if i cam go back with a tourist visa to marry. thanks in advise for you help
Answers (1)
Answered by Aleks from CHINA | Jul. 01, 2020 20:48
00Reply


Hello Itsaso, yes it’s possible to come back on a tourist visa and get married but to get a residence permit ( Q1/2 visa ) you will have to leave China again to apply for it. But if you don’t wanna do that right away, PSB at your Bfs residential place can decide to give you a stay permit, that exceeds no more than 90 days. But whatever it is, if you would like to have a residence permit; you must have to leave one more time.
But aside from this solution, right now borders are closed so you will have to wait until things are back to normal.
Asked by Sophia from SINGAPORE | Jun. 24, 2020 08:50Reply
Lifting visa suspension?
My husband and kids hold PRC Passports and I previously held a resident permit, but since kids go to school in Singapore now we weren’t able to fly back straightaway before all visa were suspended. Now I can’t fly back at all. Any ideas on when visa’s can be issued or what to do? My husbands in China and can’t fly here.
Answers (1)
Answered by Leona from UNITED KINGDOM | Jun. 29, 2020 00:26
00Reply


Sophia, when the visa service will be resumed remains unknown at present.
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