Under what circumstances is a marriage void?

First, bigamy;

Bigamy is an offence in which a person who has a spouse registers his marriage with another person. Among them, a person who has a spouse and registers his marriage with another person constitutes legal bigamy; A person who has not registered his marriage but lives with another person in the name of husband and wife constitutes de facto bigamy. Whether it is a de jure bigamy or a de facto bigamy, it is null and void.

second, 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. Collateral blood relatives within three generations are blood relatives other than direct blood relatives of the same grandparents and maternal grandparents, regardless of whether they are of the same generation or not, and marriage is prohibited. Collateral consanguinity marriages within three generations are mainly cousin marriages.

Third, suffering from a disease that is medically considered unsuitable for marriage before marriage, and has not yet been married after marriage;

If you have a disease that is medically considered unsuitable for marriage before marriage, and have not yet been married after marriage, there are two elements: (1) Suffering from a disease that is medically considered unsuitable for marriage before marriage. Diseases that are medically considered undesirable for marriage refer to mental illnesses and major incurable infectious or hereditary diseases.

2) Not yet after marriage. That is, at the time of marriage, it has not yet **.

Fourth, those who have not reached the legal age for marriage.

A person who has not reached the legal age for marriage is one who has not reached the minimum age for marriage prescribed by law at the time of marriage. China's marriage law stipulates that men must not be earlier than 22 years old, and women must not be earlier than 20 years old.

Real-world problems. Shen (male) and Han (female) are fellow villagers in the same village, and after a period of love, the two parties went to the marriage registration authority to register their marriage. After getting married, Shen went to the city to open a clothing company, while Han stayed in the village to take care of the elderly.

Once, Shen went on a business trip and met the enthusiastic and beautiful Yang, and the two had a good impression of each other. More than a year later, Yang, who did not know that Shen was married, urged Shen to register his marriage many times, and Shen went through the marriage registration in Yang's hometown without telling his wife in order to stabilize Yang. There is no impermeable wall in the world, and Shen's bigamy was finally discovered by Han, and then, Han filed a lawsuit with the court as the plaintiff, asking the court to declare the marriage between Shen and Yang invalid.

So how will the court deal with this case?

Lawyer answers. Monogamy is a fundamental principle of our marriage system. Bigamy not only infringes upon the legitimate rights and interests of individual citizens, destroys the legal marital relationship between citizens, and causes harm to one party to the legal marital relationship and his children, but also infringes on the monogamous marriage system protected by China's Marriage Law, which has a certain social harm.

In this case, Shen liked the new and hated the old, and concealed that Han and Yang registered their marriage, and the latter registered marriage violated the legal principle of monogamy in our country, undermined the normal marriage management order of the state, undermined the legal marriage relationship between citizens, and violated the legitimate rights and interests of Han.

Links to legal provisions. Marriage Law of the People's Republic of China

Article 10: Marriage is 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 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.

Article 12 A marriage that is invalid or annulled shall be 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.

The disposition of property that results in an invalid marriage caused by 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.

Article 1051 of the Civil Code stipulates that a marriage shall be invalid 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.

A marriage is void if:

1. Bigamy; 2. Those who have not reached the legal age of marriage;

3. Those who have a kinship that prohibits marriage, that is, close relatives marry;

4. Suffering from a disease that is medically considered unsuitable for marriage before marriage, and has not been married after marriage.

Invalid marriage refers to a marriage entered into by both parties without meeting the legal conditions for marriage or without performing the legal marriage procedures, and does not produce the legal effect of a legal marriage.

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. 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.

Legal basis] Article 1051 of the Civil Code, a marriage is invalid 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.

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.

Legal Analysis: In any of the following circumstances, the marriage is invalid:

a) The spring of bigamy;

2) There is a family relationship that prohibits marriage.

3) Pre-marital illness that is medically deemed unacceptable.

When the marriage is wide-minded, the disease has not been ** after marriage;

4) Those who have not reached the legal age for marriage.

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:

a) bigamy; (2) Have a family relationship that prohibits marriage;

(3) They have not reached the legal age for marriage.

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.

In addition, a annulled marriage is void ab initio.

Article 10: Marriage is 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.