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Hey, I've heard about this, but don't ask in it, it's not too professional. An invalid marriage may not be possible. If it really doesn't work, let the court grant a divorce. But you have to take care of the children, and you may not get child support...
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If you file a divorce lawsuit with the court, the wife conceals her illness and causes harm to your family, which can be regarded as a real incompatibility between the husband and wife, and it should not be possible.
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1. The interested parties on the grounds of bigamy are the close relatives of the parties and the grassroots organizations.
2. The interested party on the grounds that he has not reached the legal age of marriage is a close relative of a person who has not reached the legal age of marriage.
3. The interested party is a close relative of the party on the grounds that there is a family relationship that prohibits marriage.
4. The interested party who suffers from a disease that is medically considered unsuitable for marriage before marriage and has not yet been married after marriage is a close relative of the sick person. Marriage is free, and divorce is free. In a marriage protected by law, the divorce of both parties must also be concluded through the judicial process.
The circumstances of an invalid marriage are generally those in which the parties have not reached the legal age for marriage, or if the parties are bigamy, or if the parties are in a relationship where they are prohibited from marrying.
Article 1054 of the Civil Code of the People's Republic of China provides that an invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties; If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage.
For children born to the parties, the provisions of this Law on parents and children shall apply.
If the marriage is invalid or annulled, the innocent party has the right to claim damages.
Article 1051 of the Civil Code of the People's Republic of China shall invalidate a marriage if there are any of the following circumstances:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
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The Marriage Law stipulates four circumstances in which a marriage is invalid: 1. bigamy; 2. There is a family relationship that prohibits marriage; 3. Suffering from a disease that is medically considered unsuitable for marriage before marriage, and has not yet been married after marriage; 4. Those who have not reached the legal age for marriage. It should be noted that the Civil Code deletes the third circumstance, that is, suffering from a disease that is medically considered unsuitable for marriage before marriage and has not yet been married after marriage.
Starting in 2021, there are only three types of invalid marriages. The kinship that prohibits marriage refers to the direct blood relatives and the collateral blood relatives within the three generations of Li Jue; The current legal age of marriage in China is 22 years old for men and 20 years old for women.
An invalid marriage is invalid from the beginning, and the man and woman do not have the rights and obligations arising from the marriage, and the invalid marriage is essentially a cohabitation relationship. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties, and if the agreement is not reached, the people's court shall make a judgment.
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Article 1,000 of the Code of the People's Nest and Sullen Law Li 051 [The Invalid Love of the Marriage is Staring at the Bend] In any of the following circumstances, the marriage is invalid:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
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First of all, if it is found that the other party is not of the opposite sex, or does not have the characteristics and disadvantages of the opposite sex, and cannot perform the responsibilities and obligations of the opposite sex, after negotiation is fruitless, you can apply to the marriage registration source high record department for invalidating the blind marriage.
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Legal analysis: (1) bigamy; (2) There is a family relationship that prohibits marriage; (3) Suffering from a disease that is medically deemed unsuitable for marriage before marriage, and has not yet been married after marriage; (4) Those who have not reached the legal age for marriage. Legal basis:
Civil Code of the People's Republic of China》 Article 1 Nonsense calls for 10051 In any of the following circumstances, the marriage shall be invalid: (1) bigamy; 2) Have a family relationship that prohibits marriage; 3) They have not reached the legal age for marriage.
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Under what circumstances can you apply for annulment of marriageNot everyone can apply for annulment of marriage casually, and the law stipulates that there are two main categories of subjects who have the right to apply for annulment of marriage, namely, parties to the marriage and interested parties. Among them, the parties to the marriage are, of course, both the man and the woman in the marriage. Compared with the parties to the marriage, the stakes are more complicated.
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Persons who may apply for annulment of marriage include: those who apply for annulment of marriage on the grounds of bigamy are close relatives and grassroots organizations of the person in charge; A person applying for a declaration of annulment of marriage on the ground that he or she has not reached the legal age for marriage is a close relative of a person who has not reached the legal age for marriage; A person applying for a declaration of annulment of marriage on the grounds that there is a family relationship that prohibits marriage is a close relative of the person concerned, etc.
Article 1051 of the Civil Code of the People's Republic of China.
Marriage is null and void under any of the following circumstances:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
Article 9 of the Supreme People's Court's Interpretation (1) on the Application of the Civil Code of the People's Republic of China on Marriage and Family.
Entities that have the right to request confirmation of the invalidity of a marriage in accordance with Article 1051 of the Civil Code for a marriage that has been registered with the people's court, including the parties to the marriage and interested parties. Among them, the stakeholders include:
1) On the grounds of bigamy, it is the close relatives of the parties and basic level organizations; Chang shirt.
2) Where the reason is that they have not reached the legally-prescribed age for marriage, they are close relatives of those who have not reached the legally-prescribed age for marriage;
3) Where there is a family relationship that prohibits marriage, it is a close relative of the parties.
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Subjects who have the right to apply to the people's court for a declaration of annulment of a marriage that has been registered in accordance with Article 10 of the Marriage Law, including the parties to the marriage and interested parties. Stakeholders include:
1) Where an application is made for a declaration of annulment of marriage on the grounds of bigamy, it is the close relatives of the parties and basic level organizations.
2) Those who apply for a declaration of annulment of marriage on the grounds that they have not reached the legal age for marriage are close relatives of those who have not reached the legal age for marriage.
3) Where an application is made for a declaration of invalidity of a marriage on the grounds that there is a family relationship that prohibits marriage, the parties are to pretend to be close relatives of the parties.
4) Those who apply for a declaration of nullity of marriage on the grounds that they suffered from an illness that is medically deemed unsuitable for marriage before marriage and have not yet been declared null and void after marriage, are close relatives living with the sick person. Where an interested party applies to the people's court to declare the marriage invalid in accordance with the provisions of Article 10 of the Marriage Law, the interested party is the applicant and both parties to the marriage relationship are the respondents. If one of the spouses dies, the surviving spouse is the respondent.
If both husband and wife are deceased, the respondent shall not be listed. To sum up, if the marriage procedure of the parties is not lawful, then they cannot apply for annulment of marriage, because this does not belong to the statutory circumstances of invalidity of marriage as stipulated in the Marriage Law.
According to Article 1052 of the Civil Code, if a marriage is entered into under duress, the coerced party may request the people's court to annul the marriage.
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The person claiming the annulment of the marriage. In China, the subject of the claimant who claims that the marriage is not bright and bright is limited to the parties and their interested parties, and the side things should be determined according to the specific reasons for the invalidity of the marriage
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The parties to the marriage and the interested parties may apply for annulment of the marriage. Interested parties include: (1) those who apply for a declaration of annulment of marriage on the grounds of bigamy, the close relatives and grassroots organizations of the parties.
2) Where an application for a declaration of annulment of marriage is being conducted on the grounds that they have not reached the legal age for marriage, they are close relatives of those who have not reached the legal age for marriage. (3) Where an application is made for a declaration of annulment of marriage on the grounds that there is a relationship of prohibition from marriage and the collapse of the affiliation, it is a close relative of the parties, and so on. ”
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Applicants for annulment of a marriage include the following:Where an application is made for a declaration that the marriage is invalid on the grounds of bigamy, it is the close relatives of the parties and the basic level organizations.
Those who apply for a declaration of marriage on the grounds that they have not reached the legal age for marriage are the close relatives of those who have not reached the legal age for marriage.
Where an application is made for a declaration of invalidity of a marriage on the grounds that there is a family relationship that prohibits marriage, it is a close relative of the parties.
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Translate yourself according to the relevant translation software, and use it for your own answers to the final problem.
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The parties to the marriage and the interested parties may apply for the annulment of the marriage. The stakeholders include: (1) Shen Chunxiao's request for a declaration of annulment of marriage on the grounds of bigamy is the close relatives of the parties and grassroots organizations.
2) Where an application is made for a declaration of annulment of marriage on the grounds that they have not reached the legal age for marriage, they are the close relatives of those who have not reached the legal age for marriage. (3) Where an application is made for a declaration of invalidity of a marriage on the grounds that there is a family relationship that prohibits marriage, it is a close relative of the parties, and so on. ”
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It is possible to apply for the invalidity of the marriage of the hand-rub, but the marriage can only be applied for in the case of bigamy, there is a family relationship that prohibits marriage, and the marriage is under the legal age of marriage. According to the relevant legal provisions, an invalid marriage is void ab initio and void ex officio.
Legal basis] Article 1051 of the Civil Code.
Marriage is null and void under any of the following circumstances:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) They have not reached the legal age for marriage.
Article 1052.
Where marriage is entered into under duress, the coerced party may request the people's court to annul the marriage.
Where a request for annulment of marriage is made, it shall be submitted within one year from the date on which the coercive act is terminated.
Where a party whose personal freedom is restricted by a non-potato calendar requests the annulment of a marriage, it shall be submitted within one year from the date on which the personal freedom is restored.
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