China Proposes New Marriage Law: Easier Weddings, Tougher Divorces

China's Ministry of Civil Affairs has unveiled a revised draft law aimed at simplifying marriage registration while making divorce procedures more challenging. The proposal, released on August 15, 2024, is open for public feedback until September 11, 2024, and has already generated significant online discussion and criticism.

The proposed legislation is part of China's efforts to build a "family-friendly society" and address the country's declining population. China's population saw its first decline in 60 years in 2022, prompting policymakers to implement various measures to encourage marriage and childbirth.

Key changes in the draft law include:

• Removal of regional restrictions for marriage registration
• Introduction of a 30-day cooling-off period for divorces

The elimination of regional constraints marks a significant shift from the previous law, which required couples to register their marriage at their household registration location. This change aligns with efforts to reform China's household registration system (hukou), which has historically limited access to public services based on location.

The proposed 30-day cooling-off period for divorces has drawn particular scrutiny. During this time, either party can withdraw the application, effectively terminating the divorce process. This measure builds upon a similar policy introduced in 2021, reflecting the government's continued efforts to reduce "impulsive divorces" and maintain social stability.

Public reaction to the draft has been largely critical, with many netizens expressing frustration over the perceived imbalance between marriage and divorce procedures. One Weibo user's comment garnered tens of thousands of likes: "It's easy to get married, but hard to divorce. What a stupid rule."

Jiang Quanbao, a professor at Xi'an Jiaotong University's Institute for Population and Development Studies, defended the regulation in the state-backed Global Times. He stated that the law aims to "promote the importance of marriage and family" and better protect the rights of involved parties.

The proposed changes come against a backdrop of declining marriage rates in China. In the first half of 2024, the number of couples getting married fell by 498,000 compared to the previous year, reaching 3.43 million – the lowest figure since 2013. This trend is partly attributed to economic factors, with many young Chinese delaying or forgoing marriage due to concerns about job security and future prospects in the slowing economy.

China's efforts to boost marriage and birth rates face significant challenges. The average age of first marriage has been steadily increasing, reaching 28.67 for men and 26.84 for women in 2020. Additionally, the country's gender imbalance, partly a legacy of the one-child policy, has resulted in a surplus of men, particularly in rural areas.

As China grapples with an aging population and aims to increase its population to over 1.4 billion by 2035, the success of policies like this draft law remains to be seen. The government's approach to balancing individual freedoms with demographic goals continues to be a subject of intense debate among China's citizens and policymakers alike.