What are the consequences of a marriage being annulled or annulled?

About the consequences of marriage itself.

A marriage that is invalid or annulled shall not have legal effect from the beginning, and shall not have legal effect from the time of its declaration by the marriage registration authority or the people's court. It should be noted that the ab initio absence here means that an invalid or voidable marriage is declared null and void in accordance with the law before it is determined that the marriage is not protected by law ab initio.

The personal relationship of the parties.

Where a marriage is confirmed to be invalid or revoked, the parties do not have the rights and obligations of husband and wife.

The property relationship of the parties.

The property acquired during the period of cohabitation is also not subject to the matrimonial property regime of a valid marriage, but is to be disposed of by the parties through negotiation; If the negotiation fails, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. However, the property rights and interests of the parties to the lawful marriage shall not be infringed upon in the disposition of property of an invalid marriage resulting from bigamy. When a people's court hears a case of an invalid marriage resulting from bigamy, where the disposition of property is involved, the parties to the lawful marriage shall be allowed to participate in the litigation as a third party with the right to make an independent claim.

The relationship between the person and the child.

For children born to the parties, the provisions of the Marriage Law on parents and children shall apply. Although children born of cohabitation are illegitimate children, in order to protect the interests of the children, the principle of protection is adopted for children born to the parties to an invalid or voidable marriage during the period of their common life, and the legal status of the children is recognized, and they have the same rights and obligations as children born of a valid marriage.

According to Article 12 of the Marriage Law of the People's Republic of China, a marriage that is invalid or annulled shall be invalid 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 the Marriage Law on parents and children shall apply.

An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the right and obligation to pay the conjugal relationship. 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.

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 basis].: Civil Code

Article 1054: [Legal Consequences of Nullity and Annulment of Marriage] 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.

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 legal consequence of the annulment or annulment of a marriage is that the marriage is invalid from the beginning, and the parties do not have the rights and obligations of the husband and wife; The property acquired by the parties 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: Civil Code of the People's Republic of China

Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other, nor shall any organization or individual interfere with it.

Article 1047:The age of marriage shall not be earlier than 22 years for men and 20 years old for women.

Article 1048:Marriage is prohibited for lineal blood relatives or collateral blood relatives within three generations.

Article 1049 A man and a woman who wish to marry shall apply for marriage registration in person at the marriage registration authority. Where the provisions of this Law are met, they shall be registered and a marriage certificate shall be issued. Completion of marriage registration, that is, Cong Fan establishes the marriage relationship.

Where marriage registration has not been completed, the registration shall be re-registered.

Invalid or annulled marriages have bigamy, have relatives who prohibit marriage, or have not reached the legal age for marriage.

People's courts hearing cases of nullity of marriage shall not apply mediation to the trial of the validity of the marriage, and shall make a judgment in accordance with law; A judgment on the validity of a marriage takes legal effect as soon as it is made.

Where the disposition of property is involved in the trial of an invalid marriage case caused by bigamy, the parties to the lawful marriage shall be allowed to participate in the Mingran litigation as a third party with the right to make an independent claim. The party who has bigamy against the original spouse shall not transfer the property to the other party by agreement, and if an agreement has been reached to transfer the property to the other party, it shall be confirmed as invalid, so as to ensure the property rights and interests of the legal spouse.

An invalid marriage is one in which there is bigamy, the parties are relatives who prohibit marriage, or they have not reached the legal age for marriage, and the parties shall apply for annulment of the marriage without a time limit. or if one of the parties suffers from a serious illness and fails to truthfully inform the other party before the marriage is registered, and the marriage is registered due to coercion and unlawful restriction of personal freedom, the victim shall apply for annulment of the marriage within the statutory period (one year).

[Legal basis].Article 1053 of the Civil Code of the People's Republic of China.

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.

Where a request for annulment of marriage is made, it shall be made clearly within one year from the date on which the reason for revocation is known or should have been known.

Article 1052.

Where marriage is entered into due to coercion, 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.