Invalid marriage is the statutory requirement that shows defective marriage holds water and the union of the couple of male and female that does not produce legal effectiveness. Marriage is invalid can divide mix to disable of course annul. Disabling of course is the legal status that shows existence marriage is invalid when, party can advocate by oneself invalid. So, what does the case with invalid marriage have?
Law girl netizen seeks advice:
What does the case with invalid marriage have?
Chen Gang's lawyer solves:
According to this regulation, marriage of the person that have one of following state is invalid:
(One) bigamous. Bigamy is to point to the person that has a mate to register conjugal illegal behavior with other again. Among them, the person that has a mate is registered with other again marry, although the bigamous; with compose jural power did not marry register, but live together with spouse name relation with other again the life, the bigamy on fact of compose accomplish sth. No matter be jural bigamy, or in fact bigamous, 10 marriage relation all is belonged to after invalid.
(2) the relative that prohibits marrying concerns. The relative that prohibits marrying is to point to lineal and consanguineous with 3 acting less than collateral line and consanguineous. Prohibit the relative inside certain limits marries main basis has two: It is eugenic consideration firstly, the relative with too close kin marries to get on physiology easily, the generation below the disease entail on spirit. It is ethical requirement secondly, the relative with too close kin marries to cause a relative easily the identity and successive those who go up is disorder. Of 3 acting less than collateral line and consanguineous it is to show out is same of grandparent and grandfather mother lineal and consanguineous besides consanguineous. The collateral line and consanguineous marriage of 3 acting less than the main show that is in our country is cousin sister marries.
(3) the disease that thinks to ought not to marry on medicine contracts before marriage, have not cure after marriage. Have two important condition:
1, the disease that thinks to ought not to marry on medicine contracts before marriage. The disease that thinks to should not marry on medicine is the disease that points to mental respect and disease of great immedicable infectivity or transmissibility disease.
2, have not cure after marriage. Point to when to marrying, had be notted cure namely.
(4) did not reach legal marriageable age. Legal marriageable age is the lowermost age that points to when to marrying, must be achieved. Our country " marriage law " formulary marriage male must not antedate 22 one full year of life, female must not antedate 20 one full year of life. Did not reach legal marriageable age " marry " one party of male and female or both sides are not worth legal marriageable age and live together with spouse name namely the life.
Chen Gang's lawyer is compensatory:
(One) people court accepts application declare marriage after invalid case, via examining what belong to invalid marriage truly, ought to make the court decision with declare invalid marriage lawfully. Accuser applies for to nolle prosequi, do not grant to allow.
(2) after people court hears divorce case, via examining what belong to invalid marriage truly, the case that ought to disable marriage tells party, make the court decision with declare invalid marriage lawfully.
(3) people court hears invalid marriage case, involve belongings to break up what bring up with children, ought to make juridical copy clerk respectively to the processing of the cognizance of marital effectiveness and other issue.
(4) people court accepted divorce and application declare marriage respectively with respect to same marriage relation of invalid case, to the cognizance of divorce case, ought to need application after invalid case enters a judgement, declare marriage undertakes. Marriage concerns by annul hind, involve belongings to break up what bring up with children, ought to continue to try.
Epilogue of Chen Gang's lawyer: Knew a few kinds of state with invalid marriage, careful marriage fraud wants in the life, treat marriage seriously. Before marriage canvass wanting a young animal reads marriage law, and contrast one by one with bilateral condition, ensure no risk at all, the marital right that guarantees oneself with this gets executive. Marriage is not easy, and row and cherish.
