Macao Legal Landscape | Introduction to Macao's Legal System (Part 3) - Applicable Laws and Recognition of Cross-border Marriage and Inheritance

Introduction to the Legal System of Macao (Ⅲ) - Legal Application and Recognition of Cross-border Marriage and Inheritance

(Photography: Li Zhefan)

The legal conflict between Macao and mainland China regarding marriage and inheritance is essentially a difference in how different legal systems regulate the same legal relationship. Resolving this conflict hinges on clarifying the applicable legal rules. The Macao Civil Code adopts a combined principle of "personal law" and "territorial law" to systematically regulate the legal application of cross-border marriage and inheritance.

The legal conflict of marriage inheritance between Macao and mainland China is essentially the difference in the norms of the same legal relationship under different legal systems. The core of resolving the conflict lies in clarifying the rules of legal application. The Macao Civil Code adopts the principle of combining "personal law" and "territorial law" to systematically regulate the legal application of cross-border marriage inheritance.

1. Legal Application of Marriage Capacity and Marriage Agreement 1. Legal Application of Marriage Capacity and Marriage Agreement 1. Legal Application of Marriage Capacity and Marriage Agreement

According to Article 48 of the Macao Civil Code Article 48 According to Article 48 of the Macao Civil Code, "the ability of a married person to marry or enter into a marriage agreement shall be governed by their respective personal laws; such personal laws shall also be the governing law for determining the system of deficiencies or defects in the intentions of the contracting parties." That is to say, the substantive requirements of marriage (such as age, prohibition of kinship relations) and the effectiveness of the marriage agreement shall be governed by the personal laws of the parties.

1. Legal Application of Marriage Capacity and Marriage Agreement

According to Article 48 of the Macao Civil Code, "the ability of a married person to marry or enter into a marriage agreement shall be governed by their respective personal laws; such personal laws shall also be the governing law for determining the system of deficiencies or defects in the intentions of the contracting parties." That is to say, the substantive requirements of marriage (such as age, prohibition of kinship relations) and the effectiveness of the marriage agreement shall be governed by the personal laws of the parties.

2. Legal Application of Marriage Methods

Article 49 of the Macao Civil Code stipulates: "1. The method of marriage shall be governed by the law of the place where the marriage was concluded, but shall not affect the application of the provisions of the following paragraph. 2. In Macao, two foreigners may marry in front of the relevant consular officers in the manner prescribed by the law of the country of nationality of either party."

The procedural requirements for marriage (such as registration and ceremony) are governed by the law of the place where the marriage was concluded. In Macao, foreign citizens may choose to marry before consular officials according to the laws of their own country.

2. Legal Application of Marriage Methods

Article 49 of the Macao Civil Code stipulates that: "1. The method of marriage shall be governed by the law of the place where the marriage was concluded, but shall not affect the application of the provisions of the following paragraph. 2. In Macao, two foreigners may marry in front of the relevant consular officers in the manner prescribed by the law of the country of nationality of either party." The procedural elements of marriage (such as registration, ceremony) shall be governed by the law of the place where the marriage was concluded. In Macao, foreign citizens can choose to marry in front of consular officials in accordance with the laws of their own country.

3. Legal Application of Spousal Relationship

Article 50 of the Macao Civil Code stipulates: "1. The relationship between husband and wife shall be governed by the law of the place of habitual residence of both parties, except as provided in the following article. 2. When husband and wife do not have the same place of habitual residence, the law of the place of habitual residence that is more closely related to family life shall apply." The personal relationship (such as maintenance and cohabitation obligations) and property relationship between husband and wife are primarily governed by the law of their common habitual residence; if there is no common habitual residence, the law of the place most closely connected to family life shall apply.

3. Legal Application of Spousal Relationship

Article 50 of the Macao Civil Code stipulates: "1. The relationship between husband and wife shall be governed by the law of the place of habitual residence of both parties, except as provided in the following article. 2. When husband and wife do not have the same place of habitual residence, the law of the place of habitual residence that is more closely related to family life shall apply." The law of the place of habitual residence shall prevail in the personal relationship (such as maintenance and cohabitation obligations) and property relationship between husband and wife; When there is no common place of habitual residence, the law of the place with the closest connection to family life shall apply.

4. Legal Application of Prenuptial Agreements and Property Regimes

Article 51 of the Macao Civil Code stipulates: "1. 4. Legal Application of Prenuptial Agreements and Property Regimes Article 51 of the Macao Civil Code stipulates: "1. The substance and validity of prenuptial agreements, as well as the substance and validity of statutory or agreed property regimes, shall be governed by the law of the place of habitual residence of the married persons at the time of marriage. 2. If the married persons do not have the same place of habitual residence, the law of the place of their first common residence after marriage shall apply. 3. If the applicable law is a law other than that of Macao, and the habitual residence of one of the married persons is in Macao, they may agree to adopt any property regime permitted by this Code."

4. The Legal Application of Prenuptial Agreements and Property Systems

Article 51 of the Macao Civil Code stipulates: "1. The substance and effect of a prenuptial agreement, as well as the substance and effect of a statutory or agreed property system, shall be governed by the law of the habitual residence of the married person at the time of marriage. 2. If the married persons do not have the same habitual residence, the law of the first common residence after marriage shall apply. 3. If the applicable law is a law outside Macao and one of the married persons has their habitual residence in Macao, they may agree to adopt any property system allowed by this Code."

1. Legal Application of Statutory Inheritance

Article 59 of the Macao Civil Code adopts the "same system", which means that both movable and immovable property inheritance shall be governed by the personal law at the time of the deceased's death, but the provisions of the law of the place where the immovable property is located on changes in property rights shall have priority effect. This rule contrasts with the "differentiation system" in mainland China, which applies the law of the domicile of the deceased to movable property and the law of the place where the immovable property is located to immovable property, and may lead to conflicts in the application of the law. For example, if a Macao resident owns property in mainland China and their habitual residence is Macao at the time of death, according to Macao law, property inheritance is governed by Macao law; But according to mainland law, property inheritance requires the application of mainland law, and the applicable law needs to be determined through the interpretation of conflict norms.

1. Legal Application of Statutory Inheritance

Article 59 of the Macao Civil Code adopts the "same system", which means that both movable and immovable property inheritance shall be governed by the personal law at the time of the deceased's death, but the provisions of the law of the place where the immovable property is located on changes in property rights shall have priority effect. This rule contrasts with the "differentiation system" in mainland China, which applies the law of the domicile of the deceased to movable property and the law of the place where the immovable property is located to immovable property, and may lead to conflicts in the application of the law. For example, if a Macao resident owns property in mainland China and their habitual residence is Macao at the time of death, according to Macao law, property inheritance is governed by Macao law; But according to mainland law, property inheritance requires the application of mainland law, and the applicable law needs to be determined through the interpretation of conflict norms.

2. Legal Application of Testamentary Inheritance

Article 60 and Article 61 of the Macao Civil Code specify that the ability to make a will (such as age, mental state) shall be governed by the personal law at the time of making the will, and changes in personal law shall not affect the right to annul a will already made (the principle of seniority and leniency). In addition, the interpretation of wills and defects in intent (such as fraud and coercion) are subject to the personal law at the time of making the will, and the legality of joint wills is also determined by personal law.

2. Legal Application of Testamentary Inheritance

Article 60 and Article 61 of the Macao Civil Code specify that the ability to make a will (such as age, mental state) shall be governed by the personal law at the time of making the will, and changes in personal law shall not affect the right to annul a will already made (the principle of seniority and leniency). In addition, the interpretation of wills and defects in intent (such as fraud and coercion) are subject to the personal law at the time of making the will, and the legality of joint wills is also determined by personal law.

(Photography: Li Zhefan)

Chapter Three of the Law of the People's Republic of China on the Application of Law in Foreign-related Civil Relations focuses on the legal application rules of marriage and family relations, with personal law as the core principle, while taking into account the law of the place of conduct and the principle of the closest connection, highlighting the protection of the rights and interests of the weak.

Among them, the conditions for marriage shall be subject to the law of the common habitual residence of the parties. If there is no common habitual residence, the law of the common nationality country shall apply. If both parties have neither a common residence nor a common nationality and have entered into marriage in one party's place of residence or nationality country, the law of the place where the marriage was concluded shall apply; Marriage procedures that comply with one of the laws of the place of marriage, the habitual residence of one party, or the country of nationality are valid, reflecting the flexibility of formal requirements. The personal and property relations between spouses are based on the basic principles of the laws of their common habitual residence or common nationality country, respectively. Property relations allow the parties to agree to apply the laws of one party's habitual residence, nationality country, or main property location.

In terms of divorce, an agreement divorce can choose to apply the laws of one party's habitual residence or nationality country. If there is no choice, the laws of the common habitual residence, common nationality country, or the location of the institution handling the divorce procedures shall be applied in sequence, while a lawsuit divorce shall directly apply the laws of the court's jurisdiction. The law of the common habitual residence shall prevail in the relationship between parents and children, and when there is no common residence, the law that is conducive to protecting the rights and interests of the weak shall apply.

Chapter Three of the Law of the People's Republic of China on the Application of Law in Foreign-related Civil Relations focuses on the legal application rules of marriage and family relations, with personal law as the core principle, while taking into account the law of the place of conduct and the principle of the closest connection, highlighting the protection of the rights and interests of the weak.

Among them, the conditions for marriage shall be subject to the law of the common habitual residence of the parties. If there is no common habitual residence, the law of the common nationality country shall apply. If both parties have neither a common residence nor a common nationality and have entered into marriage in one party's place of residence or nationality country, the law of the place where the marriage was concluded shall apply; Marriage procedures that comply with one of the laws of the place of marriage, the habitual residence of one party, or the country of nationality are valid, reflecting the flexibility of formal requirements. The personal and property relations between spouses are based on the basic principles of the laws of their common habitual residence or common nationality country, respectively. Property relations allow the parties to agree to apply the laws of one party's habitual residence, nationality country, or main property location.

In terms of divorce, an agreement divorce can choose to apply the laws of one party's habitual residence or nationality country. If there is no choice, the laws of the common habitual residence, common nationality country, or the location of the institution handling the divorce procedures shall be applied in sequence, while a lawsuit divorce shall directly apply the laws of the court's jurisdiction. The law of the common habitual residence shall prevail in the relationship between parents and children, and when there is no common residence, the law that is conducive to protecting the rights and interests of the weak shall apply.

Chapter IV of the "Law of the People's Republic of China on the Application of Law in Foreign-Related Civil Relations" uses the distinction between movable and immovable property as the basis for the application of law in inheritance relations. In principle, statutory inheritance applies the law of the deceased's habitual residence at the time of death, but the law of the location of the immovable property exclusively applies to the statutory inheritance of immovable property. Testamentary inheritance demonstrates flexibility in form and effectiveness. A will is valid if it conforms to the law of the testator's habitual residence, nationality, or the place where the will was made or the death occurred. The effectiveness of a will may choose to apply the law of the habitual residence or nationality at the time of making the will or death, to maximize respect for the testator's wishes. Matters concerning estate management are governed by the law of the location of the estate, and the ownership of an estate without heirs is determined according to the law of the location of the estate at the time of the deceased's death.

Chapter 4 of the Law of the People's Republic of China on the Application of Law in Foreign-related Civil Relations: The legal application of inheritance relationships is based on distinguishing between movable and immovable property. The principle of statutory inheritance is to apply the law of the habitual residence of the deceased at the time of death, but the law of the place where the immovable property is located is exclusively applicable to statutory inheritance of immovable property. Testamentary inheritance demonstrates flexibility in form and effectiveness. A will that conforms to one of the laws of the habitual residence, country of nationality, or place of testamentary act at the time of making the will or death is considered valid. The effectiveness of a will can choose to apply the laws of the habitual residence or country of nationality at the time of making the will or death, in order to respect the will of the testator to the greatest extent possible. The management of the estate and other matters shall be governed by the laws of the place where the estate is located, and the ownership of the estate without heirs shall be determined according to the laws of the place where the estate is located at the time of the death of the deceased.

(Photography: Li Zhefan)

The Supreme People's Court's Arrangement on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region, which came into effect on April 1, 2006, aims to standardize the procedures and rules for mutual recognition and enforcement of civil and commercial judgments between the courts of the Mainland and the Macao Special Administrative Region. The core content includes: the scope of application covers civil and commercial cases (including labor disputes and labor civil cases) between mainland China and Macao, as well as civil damage compensation judgments and rulings in criminal cases, but not administrative cases; "judgment" in mainland China includes judgments, rulings, decisions, mediation agreements, and payment orders; in Macao, it includes judgments, rulings, rulings confirming settlements, and decisions or instructions of judges.

Regarding jurisdictional courts, in mainland China, applications are accepted by the intermediate people's court in the respondent's domicile, habitual residence, or property location; in Macao, the intermediate court handles recognition, and the primary court handles enforcement. Applicants must submit an application form with party information, judgment details, and execution status, along with a copy of the effective judgment, proof of service, proof of litigation capacity, etc. Chinese translations require court or notary certification. The requested court reviews the application; if exclusive jurisdiction, parallel litigation, procedural violations, ineffective judgments, or violations of public order exist, it may refuse recognition.

In execution procedures, if the respondent has assets in both locations, the applicant may apply for execution in one location and property preservation in the other; the total execution amount cannot exceed the judgment amount. Recognized judgments have the same effect as the requested court's judgments and can be directly enforced; partial requests may also be separately recognized. The arrangement also includes provisions for property preservation measures, litigation cost reductions, document authentication exemptions, application deadlines for judgments before they take effect, and dispute resolution methods.

The Supreme People's Court's Arrangement on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region, which came into effect on April 1, 2006, aims to standardize the procedures and rules for mutual recognition and enforcement of civil and commercial judgments between the courts of the Mainland and the Macao Special Administrative Region. The core content of this arrangement includes: the scope of application covers civil and commercial cases (including labor disputes and labor civil cases) between mainland China and Macao, as well as civil damage compensation judgments and rulings in criminal cases, but does not include administrative cases; The term "judgment" in mainland China includes judgments, rulings, decisions, mediation agreements, and payment orders, while in Macao it includes judgments, rulings, rulings confirming settlements, and decisions or instructions of judges.

In terms of jurisdictional courts, in mainland China, the application is accepted by the intermediate people's court of the respondent's domicile, habitual residence, or property location, while in Macao, the intermediate court is responsible for recognition and the primary court is responsible for enforcement. The applicant shall submit an application form containing information about the parties involved, details of the judgment, and the execution situation, and attach a copy of the effective judgment, proof of service, proof of litigation capacity, and other documents. The Chinese translation shall be certified by the court or notary public. After review by the requested court, if there are situations such as exclusive jurisdiction, parallel litigation, procedural violations, ineffective judgments, or violations of public order, it may be ruled not to recognize.

In terms of execution procedures, when the respondent has property in both places, the applicant may apply for execution to one court and also apply for property preservation to another court. The total amount of execution in both places shall not exceed the amount determined by the judgment. The recognized judgment has the same legal effect as the court judgment of the requested party, and can be directly applied for enforcement. Some requests can also be recognized separately. In addition, the arrangement also stipulates convenient mechanisms such as property preservation measures, reduction of litigation costs, and exemption from document authentication, and clarifies the application deadline and dispute resolution method for judgments before they take effect.

Mr. Cao (a Macao resident) and Ms. Tian registered their marriage in Macao, with a pre-marital agreement adopting a "general community property system" and specifying Macao as their habitual residence. After their divorce was ruled by a Macao court, Ms. Tian sued for the division of two properties: a Zhuhai property (purchased by Mr. Cao before the marriage and registered under his name); and a Shanghai property (a reformed housing unit purchased during the marriage in Mr. Cao's name, originating from his parents' tenancy rights and benefiting from his parents' years of service, with Ms. Tian providing a letter of authorization agreeing to register it under Mr. Cao's name).

Regarding the marital property relationship, since both parties agreed that their habitual residence was Macao, Macao law applies; the division of property applies the law of the court's location (mainland China). According to the Macao Civil Code's "general community property system" (all existing and future property of the couple is considered joint property), the Zhuhai property is deemed joint property and should be divided equally, with Mr. Cao compensating Ms. Tian for half its value (1,309,699.50 yuan). The Shanghai property, being reformed housing originating from Mr. Cao's parents' tenancy rights and welfare benefits, is considered a personal gift from his parents to him. Ms. Tian's letter of authorization agreeing to register it under Mr. Cao's name is considered an acknowledgment of his sole ownership, therefore it is not considered joint property and is not subject to division.

The retrial court ultimately ruled to divide only the Zhuhai property, with the Shanghai property belonging solely to Mr. Cao.

Mr. Cao (a Macao resident) and Miss Tian registered their marriage in Macao, adopting a "general joint property system" in their prenuptial agreement, stipulating Macao as their habitual residence. Following their divorce by a Macao court, Miss Tian sued for division of two properties: Zhuhai property, pre-marital property purchased by Mr. Cao and registered under his name; and Shanghai real estate, a house reform property purchased during their marriage under Mr. Cao's name, originating from his parents' lease rights and benefiting from preferential treatment such as parental seniority. Miss Tian previously issued a power of attorney agreeing to register it under Mr. Cao's name.

Regarding marital property, Macao law applies due to the parties' agreement to reside in Macao; however, property division is governed by mainland China laws. Under Macao's Civil Code "General Joint Property System", the Zhuhai property is considered joint property, subject to equal division. Mr. Cao will compensate Miss Tian with half its value (1,309,699.50 yuan). The Shanghai property, being reform housing originating from Mr. Cao's parents' lease rights and welfare benefits, is considered a personal gift from his parents. Miss Tian's power of attorney agreeing to register it under Mr. Cao's name acknowledges his sole ownership, excluding it from joint property and division.

The final retrial court's verdict divided only the Zhuhai property, assigning the Shanghai property to Mr. Cao.

In November 2013, the Macao Special Administrative Region's Primary Court issued a civil judgment confirming that Ms. Gu initiated ordinary declaration proceedings against Macao resident Mr. Xu. Mr. Xu, after being summoned, appeared in court and the judgment dissolved their marriage contracted in mainland China. This judgment became final in November 2013. Mr. Xu then applied to a mainland court for recognition of this divorce judgment.

The Guangzhou Intermediate People's Court deemed that the Macao Primary Court's judgment dissolving the marriage between Ms. Gu and Macao resident Mr. Xu did not violate mainland law's basic principles or public interest, complying with the "Arrangement of the Supreme People's Court on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region." Therefore, the legal effect of the Macao Primary Court's divorce judgment was recognized.

In November 2013, the Basic Court of the Macao Special Administrative Region made a civil judgment confirming that Miss. Gu had initiated the usual declaration procedure against Macao resident Mr. Xu. Mr. Xu was summoned to appear in court and was sentenced to terminate the marriage relationship between the two parties in mainland China. In November 2013, the judgment was converted into a final judgment. Mr. Xu applied to the mainland court for recognition of the divorce judgment.

The Guangzhou Intermediate People's Court believes that the judgment of the Macao Primary Court to terminate the marriage relationship between Miss. Gu and Mr. Xu, a resident of Macao, does not violate the basic principles of mainland law and the public interest, and complies with the relevant provisions of the "Arrangement of the Supreme People's Court on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region". Therefore, it recognizes the legal effect of the divorce judgment of Miss. Gu and Mr. Xu by the Macao Primary Court.

Mr. Li, a Macao resident, owned a 1/4 share of a property in Tianhe District, Guangzhou. After his death, his wife, Ms. Xu, and son, Xiao Li, applied to the Guangzhou Intermediate People's Court for recognition of the Macao Special Administrative Region Primary Court's property division judgment. This judgment confirmed that Ms. Xu, Xiao Li, and another heir, Da Li (Mr. Li's son from a previous marriage), jointly inherited Mr. Li's 1/4 share, each receiving one-third.

The Guangzhou Intermediate People's Court, after review, found the Macao court's civil judgment procedure legal and compliant with the "Arrangement of the Supreme People's Court on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region." It did not meet the non-recognition conditions of Article 11 and did not violate mainland laws or public order and good customs. Therefore, its legal effect was recognized, with Ms. Xu, Xiao Li, and Da Li each receiving one-third of the 1/4 property share.

(From the Guangzhou Intermediate People's Court's WeChat Official Account: "Typical Cases of Cross-border Judicial Assistance")

Mr. Li is a resident of Macao and enjoys a 1/4 share of a property located in Tianhe District, Guangzhou. After the death of Mr. Li, his wife Xu and son Xiao Li applied to the Guangzhou Intermediate People's Court for recognition of the property division judgment made by the Macao Special Administrative Region Primary Court. The judgment confirmed that Miss. Xu, Xiao Li, and another inheritor Mr. Li (the son of Mr. Li and his ex-wife) jointly inherited 1/4 of the property under Mr. Li's name, and clarified that each party held one-third of the share.

The Guangzhou Intermediate People's Court, after examination, believes that according to the relevant provisions of the "Arrangement of the Supreme People's Court on Mutual Recognition and Enforcement of Civil and Commercial Judgments between the Mainland and the Macao Special Administrative Region", the civil judgment procedure of the Macao court involved in the case is legal, there is no situation of non-recognition as stipulated in Article 11 of the arrangement, and the content does not violate mainland laws and public order and good customs. Therefore, the court has ruled to recognize its legal effect in accordance with the law. Miss. Xu, Xiao Li, and Da Li each share one-third of the ownership of the property involved.

In cross-border marriage and inheritance practices, document notarization and authentication are essential for legal validity. According to Macao law, documents from mainland China (marriage certificates, family relationship certificates, etc.) must be notarized by a "Chinese commissioned notary" and then transmitted through China Legal Services (Macao) Company to be effective in Macao. Similarly, documents from Macao must be notarized by the Macao Civil Registry and authenticated by mainland provincial foreign affairs departments for use in mainland China.

For example, Macao residents inheriting mainland properties must submit authenticated documents from the Macao Civil Registry (family relationship certificates, death certificates, etc.) to the mainland court; otherwise, evidentiary defects may hinder the inheritance process.

In the practical application of cross-border marriage inheritance, notarization and authentication of documents are prerequisites for ensuring legal validity. According to Macao law, documents such as marriage certificates and family relationship certificates issued by mainland China must be notarized by a "Chinese appointed notary public" and then submitted through China Legal Services (Macao) Company before they can be effective in Macao; similarly, documents issued in Macao must be notarized by the Macao Civil Registration Office and authenticated by provincial foreign affairs departments in mainland China before they can be used in mainland China. For example, when Macao residents inherit property in mainland China, they need to submit certified documents such as proof of kinship issued by the Macao Civil Registration Office and proof of the deceased's death to the mainland court. Otherwise, the inheritance process may be delayed due to evidentiary deficiencies.

特留份是澳门继承制度的核心权益，跨境继承中需特别注意特留份的保障。若被继承人通过遗嘱或生前赠与规避特留份义务，继承人可依据《澳门民法典》第 1994条，向澳门法院主张相关行为无效，并要求将财产纳入遗产分割。例如，被继承人生前将澳门房产赠与他人，导致配偶特留份不足的，配偶可在知道或应当知道权利受侵害之日起3年内（诉讼时效）提起诉讼，请求撤销赠与并恢复房产的遗产地位。

Special reservation is a core right in Macao's inheritance system, and its protection requires special attention in cross-border inheritance cases. If the deceased avoids the obligation of special reservation through a will or a gift made before death, the heir may, according to Article 1994 of the Macao Civil Code, claim the relevant act is invalid in the Macao court and request that the property be included in the estate division. For example, if the deceased gifted Macao property to another person before death, resulting in insufficient special reservation for the spouse, the spouse may file a lawsuit within 3 years (statute of limitations) from the date they knew or should have known of the infringement, requesting the revocation of the gift and the restoration of the property's inheritance status.

澳门承认事实婚伴侣的继承权，但需满足严格的认定条件：双方需以夫妻名义公开同居满4年，且不存在婚姻障碍（如一方已有配偶）。跨境实务中，事实婚伴侣需提供同居证明（如租赁合同、水电缴费记录、亲友证言等），向澳门法院申请确认事实婚关系，方可主张继承权。例如，内地居民与澳门居民在澳门同居5年，未办理结婚登记，若一方去世，另一方需向澳门法院提交同居证据，经确认后可作为第三顺序继承人继承遗产。

Macao recognizes inheritance rights for partners in de facto marriages, but strict conditions must be met: both parties must have publicly cohabited as husband and wife for at least four years, and there must be no marital impediments (e.g., one party already being married). In cross-border cases, partners in de facto marriages must provide proof of cohabitation (e.g., lease agreements, utility bills, witness testimonies) and apply to the Macao court for confirmation of their de facto marriage before claiming inheritance rights. For example, if a mainland resident and a Macao resident cohabit in Macao for five years without registering their marriage, and one party dies, the other party must submit proof of cohabitation to the Macao court. Upon confirmation, they can inherit the estate as a third-order heir.