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China wants to make marriage easier and divorce more difficult

According to official figures, around 3.43 million people registered for marriage in the first six months of 2024 – 12 percent fewer than the previous year and the lowest number in a decade.

Under the revised regulations, couples can now marry anywhere in the country using only their identity card. Previously, they also needed their official household registration (Hukou) and could only marry in the places where they were registered.

China’s decades-old household registration system is tied to access to education, employment opportunities and social services and may influence where and how couples can start a family.

The amendment also provides for a 30-day cooling-off period for divorces, during which either party can withdraw their application. This only applies to divorce applications filed with the registry office, not to divorces filed by way of legal action.

According to the ministry, the mandatory waiting period is intended to “reduce impulsive divorces,” but the measure has sparked debate on China’s social media: critics say it will prolong unhappy marriages and restrict personal freedom.

As of Wednesday, the topic had been read more than 650 million times on Weibo.

“Why don’t you just abolish divorce altogether?” asked one commenter.

Another wrote: “If you want to reduce the number of tragedies, you need to introduce a cooling-off period for marriages.”

A ministry spokesman tried to allay concerns, telling state news agency Xinhua that the aim of the change was to make it easier to register a marriage, as many people no longer live where their household was registered.

The spokesman said the cooling-off period does not affect the right to divorce. “You can still apply for divorce or file suit. If a person feels threatened by the other party, they can seek help through legal channels.”

He Yafu, an independent demographer, said young people are not convinced that this is simply an attempt by the government to pressure them into marriage.

However, he noted that technology has advanced and hukou are no longer required for marriage registration. He also said the cooling-off period for divorces is in line with the Civil Code that came into force in 2021.

“Compared to most European countries, the 30-day cooling-off period in China is quite short,” he said. “But since there is a trend not to marry or have children, many people would like to see marriage made more difficult and divorce made easier… so this new bill is turning young people off.”

Faced with high living costs, a difficult job market and increasing work pressure, many young people are choosing not to marry and start a family. In addition, more and more women are well educated and financially independent, leading to more individual freedom and choice.

The government is trying to boost the birth rate through incentives such as cheaper housing, tax breaks and even cash. President Xi Jinping called on women to return to more traditional roles and urged authorities to “promote a new kind of marriage and child-bearing culture.”

But many young people are caught up in the idea that marriage is a trap and brings no benefits.

According to divorce and family lawyer Zhong Wen, this is not entirely unrealistic. “It is difficult to get a divorce in China,” he says. “Even if you file a lawsuit, the waiting time is getting longer and longer.”

Zhong said that courts tend to process divorce applications slowly. They start with mediation, and if one party does not agree, there is a high probability that the court will not rule in favor of the divorce and the case will take even longer.

Xin He, a law professor at the University of Hong Kong, has written about the disadvantage faced by women in divorce proceedings in China. He noted that courts are concerned about social stability for political reasons and therefore often choose the most efficient and safest way to handle divorce cases, leading to delays, trivialisation of domestic violence and loss of custody of their children.

For some young people, the trend away from marriage is liberating. Tiffany Chen, an unmarried film producer in Beijing, said it shows that young people see marriage as an outdated institution.

“If young people are no longer getting married, it means they believe that love, intimacy, sex and companionship – crucial concepts for humanity – are no longer tied to marriage,” she said.

By Olivia

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