How to solve the nullity of a marriage and how to deal with the nullity of a marriage

1. The parties to the marriage and the interested parties have the right to apply to the people's court for a marriage that has been registered to declare the marriage null and void in accordance with Article 10 of the Marriage Law. Where within one year of the death of one or both spouses, the surviving party or an interested party applies for a declaration of nullity of marriage, the people's court shall accept it. Where an interested party applies, the interested party is the applicant, and both parties to the marriage relationship are the respondents.

If one of the husband and wife dies, the surviving party is the respondent. If both husband and wife are deceased, the respondent shall not be listed.

2. When the applicant applies to the court for a declaration of nullity of marriage, the people's court shall not support the invalid marriage if the legally prescribed circumstances of invalid marriage have disappeared.

3. After a people's court accepts a divorce case, if upon examination it is found that the marriage is invalid, it shall inform the parties of the circumstances under which the marriage is invalid and make a judgment that the marriage is invalid in accordance with law.

4. People's courts hearing cases of annulment of marriage shall make a judgment in accordance with law if mediation is not applied to the trial of the validity of marriage; A judgment on the validity of a marriage takes legal effect as soon as it is made. Where the division of property and child support are involved, mediation may be conducted. If an agreement is reached through mediation, a separate mediation document shall be drafted.

If the party is dissatisfied with the judgment on the division of property and child support, the party concerned may appeal. In litigation, where the plaintiff applies to withdraw the lawsuit, it is not permitted.

5. Where a people's court separately accepts a divorce and an application for annulment of marriage for the same marital relationship, the trial of the divorce case shall be conducted after a judgment has been rendered in the case of the application for annulment of marriage. [Legal basis].

According to 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) 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.

Marriages contracted in violation of the legal conditions for marriage are null and void, including in the following cases: bigamy: the person who has a spouse marries another person; There is a kinship that prohibits marriage:

i.e., close kinship; Suffering from a premarital condition that is medically deemed unfit for marriage. Where both a man or a woman or one of them have not reached the legal age for marriage.

Legal Analysis: Null and Void or Annulled Marriages, Null and Void Ab initio. 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 the agreement is not reached, the people's court shall make a judgment in accordance with the principle of taking care of the innocent party.

Legal basis: The Civil Code of the People's Republic of China

Article 1051 Marriage shall be 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 1054:An invalid or annulled marriage has no legal binding force from the beginning, and the parties do not have the rights and obligations of husband and wife. The property of the Sun Bureau obtained 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.

The provisions of this Law on parents and children shall apply to children born to the parties.

If the marriage is invalid or annulled, the innocent party has the right to claim damages.

Legal analysis: The two parties negotiate to be raised by one of the parties, and if the negotiation is inconsistent, they can sue the court. However, the biological father or mother who does not directly raise a child born out of wedlock shall bear the maintenance of the minor child or the adult child who is unable to live independently.

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