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Applicable Laws on International Marriage

Time:2026-06-09

Conditions of marriage are governed by the law of the parties’ common habitual residence. Absent common habitual residence, the law of their common nationality shall be applied. Absent common nationality, the law of the place where the marriage is concluded shall be applied, if the marriage is concluded in a party’s habitual residence or in the country of a party’s nationality.

Formalities of marriage are valid if they conform to the laws of the locality where the marriage is concluded, or the laws of a party’s habitual residence or nationality.

Personal relation of spouses is governed by the law of their common habitual residence. Absent common habitual residence, the law of their  common nationality shall be applied.

In respect of spousal property, the parties may by agreement choose to apply the law of a party’s habitual residence or nationality, or the law of the place where the main property locates. Absent any choice by the parties, the law of their common habitual residence shall be applied; absent common habitual residence, the law of their common nationality shall be applied.

Personal and property relations between parents and children are governed by the law of their common habitual residence. Absent common habitual residence, the law of a party’s habitual residence or nationality, which better protects the rights and interests of the weaker party, shall be applied.

In respect of consented divorce, the parties may by agreement choose to apply the law of a party’s habitual residence or nationality. Absent any choice by the parties, the law of their common habitual residence shall be applied; absent common habitual residence, the law of their common nationality shall be applied; absent common nationality, the law of the place where the agency responsible for completing the divorce formalities locates shall be applied.

Divorce decided by a court is governed by the law of the forum.

[Law of the People's Republic of China on the Application of Law to Civil Relations Involving Foreign Interests]


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