In practice, marital become effective must want to register the become effective of the ability that register of mechanism through marriage, marital contact also must want those who pass the office that register to register, our country concerns to marriage also pursue creed of the become effective that register. If marriage is decided to be,disable, what does the case of so invalid marriage have? Read the following Wu of law of 10 thousand state is small make up the content that arranges for you, meet what help somewhat to you certainly.
One, the case of invalid marriage
Marriage law stipulated marriage is invalid system.
One of following scenario, marriage is invalid:
1, bigamous;
2, the; that has the relative concern that prohibits marrying
3, the disease that thinks to ought not to marry on medicine contracts before marriage, the; that has not cure after marriage
4, did not decide marriageable age to the law.
Marriage is invalid, because marriage concerns,the property concern of generation and person relation also disable. Although marriage is invalid,do not pass, the children that gives birth to during invalid marriage also considers as children born in wedlock, basically be to protect filial interest.
2, who is the applicant with invalid marriage
Not all the person that knows marriage is invalid can apply for marriage to disable, according to different situation, law made relevant provision to filing disabling principal part:
1, disable with declare marriage applying for for bigamy, for the close relative of party and basic level organization.
2, apply for declare marriage to disable with arriving for legal marriageable age, it is the close relative of the person that did not reach legal marriageable age.
3, the relative that prohibits in order to have marrying applies for declare marriage to disable for the relation, for the close relative of party.
4, of the disease that thinks to ought not to marry with medicine sufferring from to go up before marriage, have not cure after marriage for apply for declare marriage to disable, for with sicken person the close relative of collective life.
3, when won't the court adjudicate marriage is invalid
The case with invalid marriage exists when marrying, these case still exist when marriage of not certain application is invalid. According to legal regulation, party basis marriage law stipulates to the court application declare marriage disables the 10th times, when application, legal is invalid marital case has disappeared, people court does not grant to support. Below the circumstance that the case that disables in marriage namely has disappeared, marriage is thought effective. The case some with 4 kinds of invalid marriage that marriage law sets may disappear, some is impossible to disappear. For instance: Bigamous, if before marriage had removed, put naturally in bigamous problem no longer, cannot proclaim marriage is invalid; has the relative that prohibits marrying to concern, if pass parentage negative, confirm nonexistent kin, also cannot proclaim marriage is invalid, but usually, this kind of circumstance disappears impossibly or the change contracts some diseases before; marriage, if be in to what when the court applies for, cure, also cannot adjudicate when invalid; marries, marriage did not reach legal marriageable age, but legal marriageable age has reached when application marriage is invalid, the court also won't adjudicate marriage is invalid.
If marriage is adjudicated to disable, both sides attributes cohabitational significance, during living together, the belongings of earning presses collective and mutual processing, but evidence proves to be party one party the except of all belongings.
When collective and mutual concern is stopped, to sharing belongings break up, those who have an agreement, by the agreement processing; does not have an agreement, ought to handle according to principle of divide into equal parts, and consider mutual person the contributive size to sharing belongings, ought to take care of the circumstance such as the real need of mutual person production, life. When people court hears the invalid marriage case that bigamy causes, involve belongings to handle, ought to allow regular marriage party joins suit as the 3rd person that has independent request right.
The belongings limits here ought to be different from the limits of the belongings when the divorce, the belongings limits here ought to point to only for collective life both sides or all sorts of property that home remedy buys, include building, furniture, dress to wait a moment. And earnings of one Fang Shangcun's deposit, company, equity earnings, ought to belong to the belongings of one party.
Law protects lawful marriage, below the case that causes marriage because of bigamy to disable, want to consider the legitimate rights and interests of the lawful spouse with bilateral perhaps one party. Because this kind of circumstance falls, the lawful spouse that a contributive half belongs to him is all, ought to allow lawful spouse is resumptive.
On put together, marriage is invalid, because marriage concerns,the property concern of generation and person relation also disable. Although marriage is invalid,do not pass, the children that gives birth to during invalid marriage also considers as children born in wedlock, basically be to protect filial interest. Above information Wu of You Mobang law is small make up arrange an editor. If you still have other legal issues, the welcome seeks advice from us the lawyer of Wu of law of 10 thousand state.
