China is considering legal reforms to its marriage and divorce laws in a bid to tackle its declining birth rates and address the challenges of an aging population. These proposed changes aims to make it easier for couples to marry while introducing measures to make divorces more difficult.
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One of the changes in the draft law is the removal of the requirement for couples to register their marriage at their household registration location known as the hukou.
This is to simplify the marriage process and give couples more flexibility in choosing where they can marry. The current system, which ties marriage registration to a spouse’s official household, can be restrictive especially for couples from different regions.
The exemption from hukou registration might also address the traditional practice of bride prices, where the groom’s family presents monetary gifts or property to the bride’s family as part of the marriage negotiations.
Authorities see this practice as a barrier to marriage and to increasing birth rates. By allowing couples to marry without being bound to their household registration, the draft law could reduce the influence of in-laws and lower the financial burden on young couples.
The draft law also proposes maintaining a 30-day cooling-off period for couples seeking a divorce during which either party can withdraw their application and halt the divorce process.
This policy was introduced in 2021 and it is aimed at reducing impulsive divorces and encouraging couples to reconsider their decision.
The cooling-off period has faced backlash on social media with people arguing that it prolongs unhappy marriages and could be misused in cases of domestic abuse.
Many netizens have questioned whether this policy truly promotes marital freedom, as the government claims or whether it undermines individuals’ right to a swift and amicable separation.
The country’s birth rate has been falling for seven consecutive years and in 2023, China recorded more deaths than births for the second year in a row resulting in a population contraction of 2.08 million people.
The Chinese government has introduced various policies to encourage marriage and childbirth. These include offering newlyweds cash incentives in some regions as well as subsidies for child care, education and fertility treatments.
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The government hopes that these financial incentives combined with the proposed legal reforms will help create a more family-friendly society and encourage more couples to marry and have children.
China began offering a four-year university degree program in marriage-related subjects this year. The curriculum includes wedding planning, matchmaking services and marriage counseling.
China has experienced population decline for the second consecutive year. In 2023 alone the nation’s population decreased by over 2 million as deaths outpaced births.
According to the United Nations’ World Population Prospects report, China’s population could shrink to 770 million by the year 2100.
An aging demographic is at the core of this population decline. As the working-age population shrinks, the number of elderly citizens rises, leading to a shift in spending habits towards saving for retirement rather than consumption.
Over the last decade the number of marriages in China has decreased. In the first half of 2024, only 3.4 million couples got married, a figure that represents a 50% drop compared to the same period a decade ago.
The Chinese government has proposed regulatory changes aimed at simplifying the marriage registration process. The draft regulations was released in August 2024, aim to reduce bureaucratic barriers such as the number of identity documents required and the geographical restrictions on where marriages can be registered.
The population decline has contributed to a decrease in consumer confidence and spending with effects on the retail sector.
Retail sales in China grew by just 2% in June 2024 far below the pre-pandemic average of 8%.
The luxury goods market particularly diamond sales has been impacted. Diamond imports to China fell by 28% in the first half of 2024 compared to the same period in 2023.
The demographic challenges and resulting economic slowdown have contributed to a decline in foreign direct investment (FDI) in China. In the last quarter, FDI fell by $15 billion, the second-largest drop in 25 years.
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