Aussies getting married in Shanghai - HOW??

Posted by justPassingBy (19 days ago)

We are both Australian citizens, but we want to get married in Shanghai (long story....), and we need the marriage to be recognised back in Australia legally... Is that possible? If yes, how do we go about it?

Any help/ advise would be much appreciated!

(I am based in Shanghai)

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Posted by englishwife (18 days ago)

Hi - Please excuse spelling

Myself and my husband were (we beleive) the first two westeners to get married since 1949. It is tough but do-able. The law changed in early 2004 then it was repealed later that year. Make sure that the china leagal information is correct. Also note that again unless things have changed one of you must have a residency permit. The Chinese goverment are very helpfull on these issues, but they have rules to follow, one of these is you must prove that the marriage will be recognised in your own country. For most nationalities this is easy as their countries work on prescriptive law. For Austrailia, UK and a few others this is dificult as they work on common law. Common law baically means that if there is not a law saying its not allowed its OK, prescriptive law has a statute for everything. China wants to see a prescriptive law and it is unlikley this will exist in AUS. This is where you have to go into somthing called presidents, it is where a judge was asked to rule on an issue made a decision and then this is used as a reference for the future. In many cases theser go back many years, I do not know too much about the legal presedents in austraila but it will probably be pre-independance. The presedent I used was a 1700's ruling by lord Penzance with regard to a marriage in the collonies (USA) where the guy then married again in the UK and was ruled to be allready married. It is highly posible that as AUS was part of the UK at that time you possible may be able to use the same. The UK consulate in GZ may have kept the details.

As a final sugggestion keep an eye on the cost the China end is low cost the UK solisitors bills were in excess or GBP 4000 and involved personel reporting directly to Tony Blair

The very best of luck - Make it happen

(I am based in Guangzhou)

Posted by justPassingBy (17 days ago)

Thank you. It sounds very complicated.... I admire your persistence... we may get the legal stuff sorted out first and then just have the wedding ceremony in Shanghai...

(I am based in Shanghai)

Posted by GreenValleys (17 days ago)

Just to add a bit (and quite frankly I'm not sure it would be as difficult as suggested), from the Oz side if the marriage is recognised in the country where it took place then it will be recognised in Oz.

(I am based in Jakarta)

Posted by englishwife (17 days ago)

Greenvalleys - You may be right things have got easier in most aspects in China, however it is not about getting AUS to accept it, it is about proving to the Chinese authorities that this is the case. My comments simply state exactly how it was in 2004.

(I am based in Guangzhou)