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After looking at your situation, I thought about it for a while, if you want to be clear, you have to leave, then it is better to fake the real drama and officially divorce him, so that the child is justified, and it is good for his future growth, you are gone, the child is still there, and it is not good to shake out the fraud, you can also make it clear to your husband, maybe he agrees to divorce, so no matter how good, the divorce by agreement can be handled by the civil affairs department, if the other party does not do it through such a procedure, then the only way to appeal to the court for divorce is Then the documents obtained by their illegal means should be invalid, but after the court declares the marriage null and void, you can't just leave, because you must have a child, the problem is very specific, so you still have to be mediated by the court, because there are still many situations I don't know, I can only say it so roughly, but I still suggest that you go through the formalities formalities as well, so as not to have trouble in the future, I wish you all the best!
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First of all, sympathize, but you should understand that if you want a divorce, it means that you have to go out alone and face this society alone! If there is still room for divorce, I will try my best to persuade you, a lifetime is so long, slowly move him, maybe one day he will move you too! But if you really can't get by, then please walk out of the grave of marriage by yourself, that is, the relationship between husband and wife is gone, and there is no corresponding marriage foundation, you can get divorced.
As for your marriage, if there are real and valid documents, it should be valid!
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After 94 years under the Marriage Law and the Regulations on the Administration of Marriage Registration, the law does not recognize de facto marriages.
It is estimated that both of you are now over the age of marriage, so the principle of marriage is not treated as an invalid marriage.
You can divorce by mutual agreement or file a divorce lawsuit in the people's court.
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If you think it's inappropriate for the two of you, don't be together... It's too late for you to get a divorce now... It's still young after all.
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Is the marriage null and void? I'll find out too. If you understand this question, you will understand the reason.
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Invalid marriages are:
1. The marriage between the man and the woman is not voluntary, and one or both parties are coerced or deceived when they get married;
2. Bigamy;
3. Both men and women are direct blood relatives or collateral blood relatives within three generations;
4. Both men and women have not reached the legal age of marriage.
There are generally two types of procedures for filing a lawsuit to confirm the annulment of a marriage:
1. Where the parties to the administrative procedure or interested parties have objections to the validity of the marriage, they may submit an application to the marriage registration authority for confirmation of the invalidity of the marriage, and if the marriage registration authority verifies that the marriage relationship is indeed invalid, the marriage relationship shall be revoked, and the marriage certificate shall be cancelled, and if the parties are not satisfied, they may file an administrative lawsuit in accordance with the law;
2. If the parties to the litigation procedure or the interested parties have objections to the marriage, they may file a lawsuit with the people's court for the annulment of the marriage, and once the people's court accepts it, the court shall make a judgment on whether the marriage is legally effective or not in accordance with the law.
Legal basis]:
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 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 liberty has been unlawfully restricted requests the annulment of marriage, it shall be submitted within one year from the date on which personal liberty is restored.
Article 1053.
If one party suffers from a serious illness, the other party shall be truthfully informed before the marriage is registered; If the other party does not tell the truth, the other party may request the people's court to annul the marriage.
A request for annulment of a marriage shall be made within one year from the date on which the person who knows or learns of the reason for the annulment shall know it.
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In accordance with the provisions of the Civil Code, a marriage is invalid under any of the following circumstances:
a) bigamy; Bigamy is an offence in which a person who has a spouse registers his marriage with another person. Among them, the person who accuses a friend who has a spouse registers his marriage with another person, which constitutes legal bigamy; Although the marriage is not registered, but the cohabitation with another person in the name of husband and wife constitutes de facto bigamy.
Whether it is legal bigamy or de facto bigamy, the last ten marriages are invalid.
2) There is a family relationship that prohibits marriage. Relatives who are prohibited from marrying are lineal blood relatives and collateral blood relatives within three generations. There are two bases for prohibiting relatives from marrying within a certain range:
The first is the consideration of eugenics, because relatives who are too close by blood are likely to pass on physical and mental diseases to the next generation when they get married. The second is the requirement of ethics, and the marriage of relatives who are too close by blood is likely to cause disorder in kinship and inheritance. A collateral blood relative within three generations is a blood relative other than a direct blood relative from the same grandparent and maternal grandparent.
The main manifestation of collateral blood marriage within three generations in China is the marriage of cousins.
3) They have not reached the legal age for marriage. The legal age of marriage refers to the minimum age that must be reached at the time of marriage.
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Summary. Hello, the circumstances of the invalidity of marriage are as follows: Article 1051 of the Civil Code provides for the circumstances of invalid marriage, 1
Bigamy; 2.have a family relationship that prohibits marriage; 3.Under the legal age for marriage.
Marriages in the above circumstances are considered null and void. <>
Hello, the circumstances of the invalidity of marriage are as follows: Article 1051 of the Civil Code provides for the circumstances of invalid marriage, 1Bigamy; 2.
There are relatives who are forbidden to marry to sue for a relationship; 3.Under the legal age for marriage. The marriage in which the above love is in bad condition is an invalid marriage.
Legal basis: Article 1054 of the Civil Code of the People's Republic of China: 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. The property not opened 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 party with the state has the right to claim damages without being stupid. <>
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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; have a family relationship that prohibits marriage;
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