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What is a foreign marriage?

Release time:2024-12-09 16:47:11 Author:友森人力资源 Comefrom:

Foreign marriage refers to a marriage in which one of the parties is of foreign nationality, including both foreign marriages and foreign divorces. The following is a detailed explanation about foreign-related marriage:

1、 Definition of Foreign Marriage

Foreign marriage involves the marriage relationship between Chinese citizens and foreign citizens (including foreigners, foreign Chinese, foreign nationals living in China and stateless persons). This type of marital relationship is relatively complex to handle due to the involvement of laws and cultures from different countries.

2、 Legal Application of Foreign Marriage

Marriage conditions: Applicable to the laws of the parties' common residence; If there is no common place of residence, the laws of the place of common nationality shall apply; If neither of them exists, the law of the place where the marriage is concluded shall apply.

Marriage procedures: It is necessary to comply with the laws of the place where the marriage is concluded, the laws of one party's habitual residence, or the laws of the country of nationality, and one of the three is valid.

Divorce: You can choose to divorce by agreement or by litigation. When divorcing by agreement, the parties may choose to apply the laws of one party's habitual residence or nationality country by agreement; If not selected, the law shall apply in the order of common habitual residence, common nationality country, and location of the institution handling divorce procedures. Lawsuit divorce shall be governed by the laws of the court's jurisdiction.

3、 Related laws on foreign-related marriage

The Civil Code and other laws and regulations of our country have clear provisions on foreign-related marriages, including the principle that marriage should be completely voluntary for both men and women, prohibition of coercion or interference by either party, age limit for marriage, and prohibition of marriage for direct and collateral blood relatives. At the same time, there are detailed legal provisions to regulate specific legal issues related to foreign-related marriages, such as the application of marriage conditions and the validity of marriage procedures.

In summary, foreign-related marriage is a special type of marital relationship that involves legal and cultural differences in different countries. When dealing with foreign-related marriage issues, relevant laws and regulations should be followed, and the principles of legal application in different countries should be considered.