Best Marriage Lawyers in Xiamen

About Marriage Law in Xiamen, China

This guide summarizes how marriage is governed in Xiamen, a city in Fujian Province, under the national laws of the People’s Republic of China and local administrative practice. Marriage in China is principally regulated by the Civil Code and implementing regulations issued after the Civil Code took effect in 2021. Registration of marriage is handled by the local Civil Affairs Bureau - in Xiamen this is done through the Xiamen Municipal Civil Affairs Bureau and its district-level offices. Key matters such as eligibility to marry, required documents, property relations between spouses, divorce procedures, and child custody follow national law, but administrative procedures, document requirements and local services are processed locally in Xiamen.

Why You May Need a Lawyer

People often consult a lawyer for marriage-related matters when issues are contested, complex, or involve significant rights and assets. Common reasons include:

- Divorce disputes that cannot be settled by mutual consent and require court proceedings.

- Property division where real estate, business assets, or high-value savings are involved and ownership or contribution is disputed.

- Child custody, visitation and child support disputes, especially when parents live in different cities or countries.

- Domestic violence, harassment, or protection-order proceedings where urgent legal protection is needed.

- Cross-border marriages involving foreign nationals, which raise questions about document legalization, nationality, and international enforcement of orders.

- Prenuptial or postnuptial agreements that must be carefully drafted to be valid and enforceable.

- Paternity, adoption or inheritance issues that intersect with marital status.

- Allegations of marriage fraud, bigamy or other criminal issues connected to marriage.

Local Laws Overview

Below are the key legal points you should know for marriage matters in Xiamen. These reflect national law as applied locally.

- Registration: A marriage becomes legally effective only after registration with the Civil Affairs Bureau. Ceremonies without registration do not create a legal marriage.

- Eligibility: The statutory minimum marriage age is 22 for men and 20 for women. Marriage is prohibited for close blood relatives and for persons who lack capacity for civil conduct due to mental disorders, unless otherwise restored.

- Documents: Chinese citizens usually need their resident ID card and household registration book - hukou. Foreigners and mixed-nationality couples must provide passports, valid visas, and single-status certificates or affidavits authenticated according to national requirements; translations and notarizations may be required.

- Same-sex marriage: China does not recognize same-sex marriage. Couples should be aware that legal recognition and protections available to opposite-sex spouses are not currently available for same-sex couples.

- Property regime: Under the Civil Code, spouses may choose their property regime through an agreement - for example, separate property or property subject to sharing. Absent an agreement, the default is that property acquired during marriage is joint marital property. Special rules apply to premarital property, inheritance and gifts that are explicitly designated to one spouse.

- Prenuptial agreements: Valid if voluntarily concluded in writing and notarized when required; they govern property distribution and can affect division on divorce, subject to public order limits.

- Divorce: Couples may obtain an uncontested divorce by jointly applying at the Civil Affairs Bureau. If one spouse contests, the other must file for divorce in a court. Courts are required to attempt mediation before deciding custody, property division and support matters.

- Child custody and support: Courts decide custody based on the child's best interests, parental ability and the child's living environment. Both parents have support obligations; courts determine the amount and method of payment if parents cannot agree.

- Enforcement and local administrative practice: District courts in Xiamen handle contested divorces, property disputes and enforcement of judgments. The Civil Affairs Bureau handles registration and certification. Community mediation is encouraged for family disputes, but legal remedies remain available.

Frequently Asked Questions

How do I register a marriage in Xiamen?

To register a marriage you and your partner must appear together at the local Civil Affairs Bureau or district marriage registration office. Chinese citizens normally bring their ID cards and household registration books - hukou. Mixed-nationality couples should bring passports, valid visas, and a single-status affidavit from the foreign partner's consulate or embassy, translated and notarized according to local requirements. The staff will check documents, verify eligibility and issue a marriage certificate if all conditions are met. Procedures and required documents can vary, so check with the Xiamen Civil Affairs Bureau before you go.

What is the legal age to marry in China?

The legal minimum age to marry is 22 for men and 20 for women under Chinese law. Marrying below these ages is not permitted without specific legal exceptions, which are rarely granted.

Can a foreigner marry a Chinese citizen in Xiamen?

Yes. Foreign nationals may marry Chinese citizens in Xiamen, but they must provide valid identity documents, proof of single status or capacity to marry, and any required notarizations or translations. Foreigners should confirm the exact document legalization requirements with both their home country's authorities and the Xiamen Civil Affairs Bureau, since procedural steps can differ by nationality.

Is same-sex marriage legal in Xiamen?

No. Same-sex marriage is not legally recognized in China. Same-sex couples therefore cannot register a marriage with the Civil Affairs Bureau and do not obtain the legal rights available to opposite-sex married couples under current law.

How is property divided if we divorce in Xiamen?

Property acquired during marriage is generally treated as joint marital property and subject to equitable division. Property owned by a spouse before marriage, as well as specific inheritances or gifts designated to one spouse, are typically treated as separate property. Courts consider contributions by each spouse, the needs of minor children, and other fairness factors. Property titles, contribution records and any prenuptial agreement affect the outcome.

Can we make a prenuptial agreement and will it be enforced?

Yes. Couples can sign written agreements to set their property regime and other financial arrangements. Prenuptial agreements are more robust if they are detailed, voluntarily signed and properly notarized. Courts will review such agreements for fairness and legality before enforcing them, and agreements that violate mandatory rules or public policy may be invalidated.

What if one spouse refuses to sign divorce papers?

If one spouse refuses to agree to a divorce, the other party can file for divorce in the people’s court. The court will attempt mediation. If mediation fails and the court finds grounds or evidence that the marriage has broken down, it may grant a divorce. Courts examine factors such as long-term separation, domestic violence, bigamy, or serious moral faults when deciding contested cases.

How do Chinese courts decide child custody and child support?

Custody is decided based on the child’s best interests, including the child’s age, emotional and physical needs, parental ability to care for the child, and the living environment. For young children, courts often favor the primary caregiver. Child support is calculated based on the paying parent’s income, the child’s reasonable needs and local standards of living. Courts issue enforceable orders for support and visitation.

What legal protection is available for domestic violence victims in Xiamen?

Victims of domestic violence can seek immediate protection from the police and apply for a restraining or protection order from the court. Police can intervene and provide emergency assistance. Victims may also apply for criminal charges where the facts constitute a crime, and can obtain civil remedies such as divorce, compensation and expedited custody orders. Local women’s federations and legal aid offices often provide support and advice.

How do I handle cross-border issues like assets abroad or international custody?

Cross-border issues are complex and often require lawyers experienced in international family law. Document legalization, foreign court orders and differing legal systems complicate enforcement. For international custody disputes, consider the nationality laws of the countries involved, any international treaties that may apply, and the process for recognition and enforcement of foreign judgments. Early legal advice helps protect rights and improve the chances of enforcement.

Additional Resources

When you need more information or practical help in Xiamen, these local institutions and services are commonly relevant:

- Xiamen Municipal Civil Affairs Bureau - handles marriage registration and related certificates.

- District Civil Affairs Suboffices - for local marriage registration and administrative services.

- Xiamen People’s Courts and District Courts - handle contested divorces, custody disputes and property litigation.

- Xiamen Notary Public Office - for notarizing documents, translations and authentication needed for foreign marriages or agreements.

- Local Public Security Bureau - for emergency assistance and protection in cases of violence or criminal conduct.

- Xiamen Legal Aid Centers and Bar Association - for low-cost or pro bono legal help, lawyer referrals and guidance on selecting counsel.

- Women’s Federation and community mediation committees - can provide counseling, mediation and support services for family disputes.

- National-level bodies to be aware of include the Ministry of Civil Affairs and the Supreme People’s Court, which issue national rules and judicial interpretations affecting family law.

Next Steps

If you need legal assistance with a marriage matter in Xiamen, consider the following practical steps:

- Gather documents - collect IDs, household registration records, property papers, bank statements, child birth certificates and any agreements or messages that relate to your case.

- Contact the local Civil Affairs Bureau - for marriage registration questions or to confirm document checklists and office hours.

- Seek early legal advice - for contested issues, international matters, domestic violence or complex asset division, consult a lawyer experienced in family law in Xiamen. Use the local bar association or legal aid center for referrals if you do not know where to start.

- Consider mediation - courts in China encourage mediation in family disputes. Mediation can be faster and less costly, but get legal advice before accepting terms that affect property or custody rights.

- Protect your safety - if you are in immediate danger, contact the police. For long-term protection consider obtaining a court protection order and keep records of abuse, threats and injuries.

- Be prepared for timelines and costs - uncontested registrations are quick, while contested divorces and property litigation can take months and involve court fees and lawyer costs. Ask prospective lawyers about their experience, likely strategy and fee structure.

If you are unsure where to begin, a short consultation with a local family law attorney or the legal aid office in Xiamen can clarify your rights and the most efficient path forward.