Q 13-1、Can a male (female) friend be married in prison?

A：

• Article 982 of the Civil Law amended on May 23, 2007, stipulates that marriage should be registered. Therefore, the marriage should be done in writing with the signatures of more than 2 witnesses, and the marriage should be registered with the household registration agency by both parties. There is no need to handle the marriage in prison.
• In order to improve the marrying system of the inmate, the inmate can apply for and attach a copy of the identity card of both parties, and the application will be processed after approval. The agency will notify their family members and assist the household registration agency to complete the relevant procedures.
• Apply way：Inmate cannot go to the household registration office for marriage registration, the other party can bring relevant documents to the household registration office to apply, or make an appointment with the household registration office. The household registration office will send staff to confirm the parties’ intention to marry, then bring back relevant documents and go through marriage registration.
• The required documents are the marriage certificate (the place of marriage and the signature or seal of two or more witnesses), the household register, ID cards (foreigners with residence permit or passport), seals (or signature). The parties should prepare a color photo within one year.

Q 13-2、How to apply for a divorce from a husband (wife) who is in prison?

A：

• If one of the spouses is sentenced to a limited-term imprisonment of more than 6 months, a divorce lawsuit may be filed in the court.
• After the inmate and the spouse agree to divorce, the inmate reports the divorce intention (Approved by the head of the agency), applies for a certificate of imprisonment (institution, school), and fills in a divorce agreement and an attorney certification.
• In addition, can apply to the household registration office, and explain that the husband (wife) is prison. The household registration office will send a letter to the correctional agency to provide relevant information needed for divorce.