Compared with American marriage law, China marriage law has 800 words.

The marriage law in China is quite different from that in the United States. I'm just saying some big differences Specific languages are under your organization.

First, the similarities and differences of the essential elements of marriage.

(1) Conditions stipulated by American laws.

1, qualifications. Most States in the United States stipulate that registered marriages in the United States must be at least 18 years old regardless of the age of men and women; People who are over 16 years old but under 18 years old must obtain the consent of their parents or judges.

2. Registration conditions. In America, marriage requires registration and wedding. Article 20 1 of the Law on Uniform Marriage and Divorce stipulates that a marriage between a man and a woman that has been approved, celebrated and registered is valid in this state. Most state laws also require married men and women to get married in front of clergy such as priests, judges or government officials. Article 206 of the Uniform Law on Marriage and Divorce stipulates that both the court and authorized government officials can officiate at a wedding or hold a wedding according to a religious ceremony.

Unlike China's laws, in the United States, marriage certificates in different states are valid, which is similar to that in the United States. That is, the validity of marriage certificates ranges from 30 days to 60 days. During this period, both men and women must hold a wedding, otherwise they must re-register for marriage. In addition, both men and women have to wait for a waiting period of 3-5 days to apply for registration, which is finally issued by the court or the government.

(two) the conditions prescribed by the laws of China.

1, qualifications. China's marriage law stipulates that the age of marriage registration in China is not less than 22 for men and 20 for women, which is later than that stipulated in the United States. Advocate freedom of marriage and not interfere with legal marriage. In terms of the conditions for prohibiting marriage, it is forbidden for people with malignant infectious diseases to get married, especially those who may infect the next district, and it is forbidden to combine lineal blood relatives with collateral blood relatives within three generations.

2. Registration conditions. To establish a marriage relationship, both men and women must go to the marriage registration office to register their marriage in person, otherwise it does not belong to the legal relationship between husband and wife. Once registered, the relationship between husband and wife is established without going through the announcement period.

Second, the similarities and differences of invalid marriage.

(a) the situation of invalid marriage under American law.

Invalid marriage in American law refers to the lack of legal ability and willingness of the parties to get married, or other serious obstacles to marriage. According to the laws of most States in the United States, invalid marriage does not have any mandatory effect, and neither man nor woman has any legal obligations as husband and wife. At present, invalid marriage cases mainly include the following categories:

1. Both parties to the marriage are within the scope prohibited by law. According to the laws of most states, no man can marry his immediate blood relatives and a certain range of collateral blood relatives, otherwise the marriage is invalid. For example, Massachusetts law stipulates that no man may marry his mother, grandmother, daughter, granddaughter, sister, stepmother, grandson, mother-in-law, grandmother, wife's daughter, wife's granddaughter, brother's daughter, father's sister and mother's sister.

2. A marriage that has not reached the legal age for marriage is invalid. If one party is under 18 years old at the time of the wedding, it is likely that the marriage will be invalid. Men and women who have not reached the legal age for marriage must register, usually with the consent of their parents or judges.

Bigamy is invalid. At present, except in Africa and some Muslim countries, most countries in the world do not recognize the marriage effect of bigamy. At present, bigamy is an invalid marriage in most States of the United States. And like the laws of China, bigamy is generally subject to criminal responsibility.

4. Fake marriage is invalid. Fake marriage generally refers to getting married for a certain purpose or purpose. Most of these happened in the field of immigration. That is, citizens outside the United States want to communicate with American citizen marriage immigration and the United States. In order to solve this problem, at present, American immigration law has stipulated that citizens outside the United States must live in the United States for more than two years in order to obtain a green card based on marriage.

(2) The situation of invalid marriage in China.

According to Article 10 of China's Marriage Law, a marriage under any of the following circumstances is invalid:

1, bigamy;

2. There is a kinship that prohibits marriage;

3. Suffering from diseases that are medically considered unsuitable for marriage before marriage and are not cured after marriage;

4. Not reaching the legal age for marriage.

Third, the similarities and differences of revocable marriage.

(a) the circumstances of revocable marriage in American law.

1, mental and physical imperfections. Mentality is not perfect, which mainly means that the parties can't understand the nature of marriage and the rights and obligations of marriage according to the mental state of the parties at that time, generally referring to mental patients and patients with severe mental retardation. And the body is not perfect, mainly refers to the impotence of the parties, and the other party does not know the symptoms of the other party when concluding the marriage relationship.

2. Forced marriage. That is, the marriage relationship is forced to express consent to marriage because of the coercion of the other party. For example, one party forces the other party to marry himself by violence, or a third party forces one party to marry by threats, inducements and other means.

(2) The situation of revocable marriage in China.

According to Article 11 of China's Marriage Law, if a marriage is coerced, the coerced party may request the marriage registration authority or the people's court to cancel the marriage. If the coerced party requests to dissolve the marriage, it shall do so within one year from the date of marriage registration. If the party whose personal freedom is illegally restricted wants to dissolve the marriage, it shall do so within one year from the date of restoring personal freedom. Therefore, the situation of revocable marriage in China is limited to a kind of coercion. Impotence and refusal to have sex can't be legal reasons for revocable marriage, but they can be used as a reference for determining whether the relationship between husband and wife really breaks down.

Four. Similarities and differences of divorce conditions and procedures

1) American law stipulates the conditions and procedures for divorce.

In the United States, divorce must be conducted through the court, and divorce registration cannot be conducted from the marriage registration office as in China. Even if both parties agree to divorce, it should be decided by the court. There are fault reasons and no-fault reasons for divorce. At present, all states in the United States apply the principle of no-fault divorce, and the standard of divorce is that the relationship between husband and wife has indeed broken down, which is the same as that in China.

1, the competent court; Divorce should be filed in the court where one party is located. At present, most States stipulate that the parties must live in the state for a certain period of time before they have the right to file for divorce. States have different regulations on the length of residence in the state when filing divorce proceedings, and the longest is one year, such as Washington, New Jersey and new york. The shortest one has no deadline, such as South Dakota. General state regulations are about 6 months, such as Mississippi and Hawaii; Shorter regulations range from 60 days to 6 weeks to 90 days, such as 6 weeks in Idaho and 90 days in Illinois.

2. Divorce procedure: According to the laws of China, the plaintiff who sues for divorce must pay legal fees. In the process of divorce proceedings, you can ask the court to issue an injunction prohibiting either spouse from transferring, mortgaging or hiding the same property, and prohibiting one spouse from harassing or disturbing the peace of the other spouse or any children. In case of danger of personal injury or emotional injury, the court may order one party to temporarily move out of the same residence. Some states also stipulate that both parties should mediate in divorce proceedings. Unlike almost all cases in China courts, American courts generally only apply mediation procedures in no-fault divorce cases. Generally speaking, mediation is necessary for issues involving child custody and visits.

3. Causes of fault: There are three main reasons, namely adultery, abuse and abandonment. Adultery is the most common cause of divorce. As in the judicial practice in China, it is very difficult to obtain evidence of adultery in the United States. However, unlike the cases handled by the courts in China, judges in some state courts in the United States often use presumption to determine whether a party has extramarital sex, such as evidence that the spouse lives in a hotel with other members of the opposite sex, and that men and women of the opposite sex live in the same room. If there is indirect evidence, but there is no evidence of direct sexual relations, the judge can also determine that sexual relations have taken place through the reasoning of ordinary people's thinking and behavior, unless the suspect can cite evidence to the contrary.

4. separation system: most States in the United States have stipulated separation systems. That is, under the premise of subjective desire for divorce, both parties can divorce without living together for more than a period of time. The length of separation varies from state to state, ranging from six months to five years. Generally, most States stipulate that it is about 1~3 years. According to the unified Marriage and Divorce Law, if a person has been separated for more than 180 days, he can apply to the court for divorce.

(2) divorce conditions and procedures stipulated by China laws.

There are two ways to dissolve marriage in China: divorce by agreement and unilateral divorce. If both parties agree to divorce, they can apply for divorce registration at the marriage registration office where one party's account is located, without going to the court in person. The second way is to apply to the party who does not agree to divorce but insists on divorce, and file a divorce lawsuit with the court to dissolve the marriage relationship. The court found through trial that the parties have one of the circumstances stipulated in Article 46 of the Marriage Law, that is, if mediation fails, divorce shall be granted:

1, bigamy or cohabitation of a spouse with others;

2, the implementation of domestic violence or abuse, abandonment of family members;

3. Bad hobbies such as gambling and drug abuse;

4. Separated for two years due to emotional disharmony;

5. Other circumstances leading to the breakdown of the relationship between husband and wife.

6. If one party is declared missing and the other party files a divorce lawsuit, divorce shall be granted.

In addition to the above circumstances, the China court ruled for the first time that it did not agree with the divorce request of the parties. Unless it has been proved that the relationship between husband and wife has indeed broken down. However, if both parties file divorce proceedings again six months after the first-instance judgment takes effect, the probability that the court will support the plaintiff's claim will greatly increase. Therefore, compared with American marriage and family law, China's divorce procedure is simple and clear, combining principle with flexibility.