What is the legal void of a marriage has disappeared

The disappearance of a legally invalid marriage means that the following circumstances do not exist in the marriage:

According to Article 10 of the Marriage Law of the People's Republic of China, the circumstances of an invalid marriage include the following aspects:

1) bigamy; According to the current provisions of China's criminal law and judicial interpretations, there are two situations of bigamy: one is that a person who has a spouse registers his marriage with another person, or he or she registers his marriage with another person knowing that he has a spouse; The second is that a person who has a spouse lives together with another person in the name of husband and wife, forming a de facto marital relationship.

2) There is a family relationship that prohibits marriage; That is, lineal blood relatives and collateral blood relatives within three generations, and lineal blood relatives, that is, between parents and children, between grandparents and grandchildren, and grandchildren, and all direct blood relatives, regardless of the number of generations, and whether they are born in or out of wedlock. Collateral blood relatives within three generations refer to blood relatives who are from the same parents or the same grandparents or maternal grandparents as themselves, except for direct blood relatives, all collateral blood relatives within three generations.

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. According to the provisions of China's Marriage Law, the age of marriage shall not be earlier than 22 years old for men and 20 years old for women. If one of the above circumstances is met, the marriage is null and void, that is, the marriage relationship is invalid from the beginning, and no legal marriage relationship is created.

To put it simply, it means that those who are not old enough at the time of marriage, who reach the legal age of marriage over time after marriage, or who suffer from diseases that are not suitable for marriage and childbirth before marriage, and who are ** after marriage.

For example, if a marriage is registered by some means before the legal age of marriage, the marriage is invalid, but if the parties have been together until they have reached the legal age of marriage (the invalid circumstances disappear), the marriage is automatically valid.

An invalid marriage refers to an illegal marriage that does not have legal effect because it lacks the requirements for the establishment of marriage. That is, the union of a man and a woman does not meet the substantive requirements for marriage as prescribed by law, so it does not have the legal requirements for marriage from the beginning. Invalid marriage is relative to a valid marriage, it is not a type of marriage, it belongs to the issue of the establishment of marriage, and it is an evaluation of the legal value of whether a marriage is established or not.

Article 10 of the Marriage Law: A marriage shall be null and void under any of the following circumstances:

1.bigamy.

2.There is a family relationship that prohibits marriage.

3.Those who have suffered from a disease that is medically deemed unsuitable for marriage before marriage, and have not yet been married after marriage.

Procedure: The party with the right to make a claim, the third party, including the relevant unit, may file a lawsuit with the people's court to confirm the invalidity of the marriage (there is no specific procedure for confirming the invalidity of marriage in the Marriage Law).

Where the legal circumstances for an invalid marriage have disappeared, the disposition is to reject such a claim for annulment of the marriage. The circumstances in which an invalid marriage disappears are:

Unmarried; Once sick and now ** well; Those who reach a legal marriage are protected by law. If the marriage is invalid, the marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife.

1. How to deal with the invalidation of divorce cases and the division of property by the court.

The court's handling of invalid divorce cases is as follows: if there is indeed an invalid marriage between the parties, the marriage shall be invalidated; if there are no statutory circumstances, the parties' litigation claims are to be rejected; Marriages in which the parties to the marriage have bigamy, have a family relationship that prohibits marriage, or where one or both parties have not reached the legal age for marriage is invalid; An invalid marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife.

2. What is the crime of marrying a minor?

If the minor is voluntary, it is not a crime, but the marriage is invalid. An invalid 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.

3. Are all consanguineous marriages invalid?

Not all consanguineous marriages are invalid. Marriages between lineal blood relatives within three generations are invalid. An invalid marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife.

If the marriage is invalid, the innocent party has the right to claim damages. According to the first paragraph of Article 1054 of the Civil Code implemented in 2021, 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; Where the agreement does not allow for leniency, the people's court is to 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 a party frank and li, the provisions of this law on parents and children apply.

Article 1051 of the Civil Code of the People's Republic of China shall invalidate a marriage under any of the following circumstances: (1) bigamy; (2) Have a family relationship that prohibits marriage; (3) They have not reached the legal age for marriage.

Marriage is usually valid after the disappearance of the circumstances of a legally invalid marriage. An invalid marriage refers to a situation in which the parties to the marriage have bigamy, have a kinship that prohibits marriage, and have not reached the legal age for marriage. When the legally invalid marriage disappears, as long as the marriage relationship is established in accordance with the legal procedures, the court will usually find it valid.

Legal basisArticle 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 10 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.

Where a party requests a people's court to confirm the invalidity of a marriage in accordance with article 1051 of the Civil Code, and the legally prescribed circumstances for invalid marriage have disappeared by the time the lawsuit is filed, the people's court will not support it.

1. Bigamy, and the marriage relationship with one party is later dissolved;

2. Suffering from a disease that is medically considered unsuitable for marriage before marriage, and ** after marriage;

3. Those who were not of the legal age of marriage at the time of marriage, and later reached the legal age of marriage.

1. The difference between annulment and annulment of marriage and divorce.

1. The nature and reasons of the two are different. Nullity and annulment of marriage is the treatment and sanction of illegal marital relations, and the reasons for the annulment or annulment of marriage existed before or at the time of marriage; Divorce is the dissolution of a legal marriage, and the reason for divorce generally occurs after marriage.

2. The subject of the claim is different. The right to request divorce can only be exercised by the parties themselves, and no other third party has the right to **. In addition to being exercised by both parties or one of the parties to the nullification, the right to claim for annulment and annulment may also be exercised by interested parties and relevant authorities.

3. The time for exercising the right of claim is different. The right to request divorce can only be exercised during the survival of both parties, and if one of the parties dies, the other party cannot file for divorce. On the other hand, the right to claim annulment or annulment of a marriage can be exercised either during the survival of the parties or after the death of both or one of the parties (as long as the statutory time limit for the claim is not exceeded).

4. The procedures of the two are different. The laws of many countries provide that the annulment and annulment of a marriage must be carried out in accordance with the proceedings of the courts. As for divorce, some countries stipulate that divorce can be carried out in accordance with both litigation procedures and administrative procedures.

In China, divorce and annulment and annulment of marriage can be carried out in accordance with litigation procedures, and divorce and certain coerced marriages that are genuine and do not involve children and property issues can also be carried out in accordance with administrative procedures.

5. The legal consequences of the two are different. In our country, the annulment and annulment of marriage is the dissolution of illegal marriage, and does not produce the legal consequences of divorce, if the property is not divided according to the joint property system of husband and wife but is treated as joint property, the children born of illegal marriages shall be illegitimate children, and enjoy the same rights and obligations as legitimate children after the marriage relationship is declared null and void or revoked.

2. The subject applying for the annulment of the marriage.

1. Where an application is made for a declaration of annulment of marriage on the grounds of bigamy, it is the close relatives and grassroots organizations of the parties.

2. Those who apply for a declaration of nullity of marriage on the ground that they have not reached the legal age for marriage shall be 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 marriage on the grounds that there is a family relationship that prohibits marriage, it is a close relative of the parties.

4. Those who apply for a declaration of nullity of marriage on the grounds that they have suffered from a disease that is medically considered unsuitable for marriage before marriage and have not yet been married after marriage shall be close relatives living with the sick person.