The Ministry of Justice recently held a hearing to discuss a proposal to recognize only registered weddings. Ceremonial weddings would no longer be valid in the eyes of the law even though the Chinese like to hold big wedding ceremonies and parties. Recognition of registered weddings, however, is found in most developed countries. Even China, Hong Kong and Macao have all decided to recognize just registered weddings.
Actually, the current system has some legal flaws. Article 982 Paragraph I of the Civil Code states that a valid wedding requires a public ceremony and at least two witnesses. It does not state that the wedding must be registered with the household registry authorities.
But Article 982 Paragraph II of the Code provides that a marriage registered with the household registry authorities is presumed valid. However, if a couple registers with the household registry office without a public ceremony, a third party may file with the court to invalidate their marriage. Such a marriage is therefore unstable since it can be invalidated at any time.
People will still be able to hold big wedding parties after the Code is amended.
Although Hong Kong now recognizes just registered weddings, people there usually hold big wedding parties in restaurants. In Macao, recognition of registered weddings as the only legal form of marriage took effect in 1999; weddings held in Catholic Churches are no longer legally recognized unless they are registered. But this has not prevented Macanese from getting married in a church.
Even though the new system may have been intended to prevent Taiwanese men from taking a second wife in China, it is better than the old one. I think most people will get used to it -- as long as they don't forget to register with the household registry after the parties.
Martin Chen is deputy manager of the trust department of the International Commercial Bank of China.
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