If a marriage is declared null and void, can the parties appeal against it?

Reality is confused. Sun and Li are cousins, and the two registered their marriage despite the family's opposition. After living together for three years, Sun developed feelings for another woman and filed a divorce lawsuit with the court.

Through investigation, the court learned that the two were cousins, so the judgment declared the marriage null and void. Li is not satisfied with this, can he appeal?

Lawyer answers: China's "Marriage Law" clearly stipulates that direct blood relatives and collateral blood relatives within three generations are prohibited from marrying, and even if they are married, they are invalid marriages. In this case, Sun and Li were cousins, which was one of the circumstances that prohibited marriage, and the court was correct in finding that their marriage was invalid. According to the relevant provisions of the Supreme People's Court's Interpretation (II) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China, a judgment of the people's court on the validity of marriage takes legal effect once it is made, that is, the parties may not appeal against it.

However, if the parties are not satisfied with the judgment on the division of property and child support, they can appeal.

Links to legal provisions. Interpretation (II) of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China

Article 3: After a people's court accepts a divorce case, if upon review it is confirmed that the marriage is invalid, it shall inform the parties of the circumstances of the invalidity of the marriage and make a judgment declaring the marriage invalid in accordance with law.

Article 9 of the Supreme People's Court's "Interpretation (1) on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China" Article 9: When a people's court hears a case of invalidating a marriage, mediation is not applied to the trial of the validity of the marriage, and a judgment shall be made in accordance with law; 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.

A collection of jurisprudence. For non-final judgments made by the courts, Chinese law provides that if the parties are not satisfied, they may seek further legal relief through appeal, but when the case is heard involving the definitive prohibition clauses provided by the law, the parties shall not appeal in order to protect the legitimate rights and interests of the injured parties, the stability of social relations and the seriousness of the law.

The Supreme People's Court on the application of the Marriage Law of the People's Republic of China

Article 3: After a people's court accepts a divorce case, if upon review it is confirmed that the marriage is invalid, it shall inform the parties of the circumstances of the invalidity of the marriage and make a judgment declaring the marriage invalid in accordance with law.

The Supreme People's Court on the application of the Marriage Law of the People's Republic of China

Article 9: People's courts hearing cases declaring marriage null and void shall make a judgment in accordance with law when 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 parties are not satisfied with the resolution of the division of property and child support, they may appeal.

Legal analysis: If the marriage is declared null and void, the parties cannot appeal against it, and direct blood relatives and collateral blood relatives within three generations are prohibited from marrying in hail, even if they are married, they are invalid marriages. In hearing cases declaring marriage null and void, mediation is not applicable to the trial of the validity of the marriage, and a judgment shall be made in accordance with law, and the judgment on the validity of the marriage shall take effect once it is made, and the parties shall not appeal against it.

Legal basis: Article 1051 of the Civil Code of the People's Republic of China In any of the following circumstances, the marriage shall be invalid

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

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

Legal Analysis: A nullified marriage cannot be appealed. This is because the legal effect of the invalidity of a marriage takes effect when the people's court makes an invalid judgment.

According to the relevant laws and regulations, a judgment or ruling that is not allowed to appeal in accordance with the law or has not appealed beyond the appeal period is a legally effective judgment or ruling.

Legal basis: Article 155 of the Civil Procedure Law of the People's Republic of China The judgments and rulings of the Supreme People's Court, as well as judgments and rulings that are not allowed to appeal in accordance with law or have not appealed after the appeal period, are legally effective judgments and rulings.

When a divorce judgment is pronounced, the parties must be informed that they must not marry separately until the judgment takes legal effect. Slippery.

Article 164:Where parties are dissatisfied with the first-instance judgment of a local people's court, they have the right to appeal to the people's court at the level above within 15 days of the date on which the judgment is served.

Where a party is dissatisfied with the first-instance ruling of a local people's court, it has the right to appeal to the people's court at the level above within 10 days from the date of delivery of the ruling.

It is reasonable that a null and void marriage is not subject to appeal. According to the relevant laws and regulations, after the people's court accepts Zheng Jing's request for confirmation of the annulment of marriage, the parties may not withdraw the lawsuit. Where a people's court confirms that a marriage is invalid after trial, it shall inform the parties of the circumstances of the invalidity of the marriage and make a judgment confirming the invalidity of the marriage in accordance with law.

[Legal basis].

Article 11 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 after a people's court accepts a case requesting confirmation of the annulment of marriage, the plaintiff applies to withdraw the lawsuit, it is not permitted.

Mediation is not applicable to the trial of the validity of marriage, and a judgment shall be made in accordance with law.

Where the division of property and the maintenance of children are involved, mediation may be made. If an agreement is reached through mediation, a separate mediation document shall be drafted. Where no mediation agreement is reached, a judgment shall be made together.

Article 12. After a people's court accepts a divorce case, if it is confirmed that the marriage is invalid after trial, it shall inform the parties of the circumstances of the invalidity of the marriage and make a judgment confirming the invalidity of the marriage in accordance with law.

Hello, if it is a first instance, it is possible to appeal during the appeal period.

No appeal can be filed.

Article 9 of the Interpretation (I) of the Marriage Law stipulates that when a people's court hears a case of invalidating a marriage, mediation shall not be applied to the trial of the validity of the marriage, and a judgment shall be made in accordance with the law, and the judgment on the validity of the marriage shall take legal effect once it is made. It can be seen that, unlike ordinary litigation cases, the trial and adjudication method of a marriage annulment case can only be a judgment, and mediation cannot be applied. At the same time, the case of annulment of marriage shall be finalized in the first instance, and the applicant and the parties to the marriage shall not appeal the judgment on the validity of the marriage.

Apply for second-instance trial within 15 days in accordance with law.

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