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1. If the seal is only false for the unmarried, it does not constitute an invalid marriage, but if the other party is married but has stamped a certificate of unmarried, it meets the conditions for invalid marriage in the Marriage Law: bigamy.
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.
Interpretation of the Marriage Law (1) Article 7: Entities that have the right to apply to the people's courts for a declaration of nullity of a marriage that has been registered in accordance with Article 10 of the Marriage Law, including the parties to the marriage and interested parties. Stakeholders include:
1) Where an application is made for a declaration of annulment of marriage on the grounds of bigamy, it is the close relatives of the parties and basic level organizations.
Article 8: Where parties apply to the people's court for a declaration of invalidity of marriage on the basis of article 10 of the Marriage Law, the people's court will not support it if the legally-prescribed circumstances for invalid marriage have already disappeared at the time of the application.
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If you have already registered your marriage, you may not be able to. Sue the Civil Affairs Bureau and the unit where the unmarried certificate is stamped!
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If it is impossible to invalidate the marriage, the registered marriage has a legal certificate, and if you want to be invalid, you can choose to divorce, and if you need to divorce, you can get married.
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It depends on whether you were married before, and if you get married, you can't get married.
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It is not lawful to invalidate a marriage because it has not been obtained, and without a marriage certificate, the marriage relationship does not exist in the first place, not invalid. The annulment of a marriage is often associated with a marriage with prohibited sexual conditions. Invalid marriage is a form of union between a man and a woman that lacks the requirements for the establishment of marriage, and there are four main circumstances of invalid marriage:
a) bigamy; 2) Have a family relationship that prohibits marriage;
3) Suffering from a disease that medically prohibits marriage before marriage, and has not yet been ** after marriage;
4) Those who have not reached the legal age for marriage.
In order to determine whether a marriage is invalid under the legal age of marriage, it is impossible to generalize in order to distinguish certain circumstances. If one or both parties have not reached the legal age of marriage at the time of marriage, but both parties have reached the legal age of marriage and have registered their marriage at the time of the dispute over the validity of marriage, the existing marriage shall not be deemed invalid. However, this is not an affirmation of the parties' past behavior, but because the reasons for the annulment of the marriage no longer exist due to the passage of time and the age of the parties, there is no need to confirm the annulment of the marriage in order to stabilize the marital relationship.
1. Who can annul a marriage?
Although an invalid marriage lacks the statutory requirements, the parties to the marriage have already gone through the marriage registration formalities, and the marriage registration has the legal effect of confirming the marriage relationship, so only the statutory authority can declare the marriage relationship that lacks the statutory requirements to carry out the marriage as invalid only if it is examined and confirmed by the statutory authority in accordance with the legal procedures.
In China, the people's court has the right to declare a marriage null and void, and no other unit (including the marriage registration authority) or individual has the right to declare a marriage null and void. There are two circumstances in which a people's court declares a marriage null and void:
1) Where a people's court finds a marriage invalid upon examination on the basis of an application by a party to a marriage or an interested party to declare a marriage invalid, it shall make a judgment declaring the marriage null and void in accordance with law.
2) Where, in the course of adjudicating a divorce case, the people's court discovers through examination that the marital relationship between the parties is indeed invalid, it shall inform the parties of the circumstances of the annulment of the marriage and make a judgment declaring the marriage null and void. People's courts hearing cases of annulment of marriage or divorce 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.
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Legal Analysis: If the Civil Affairs Bureau has a record, it is valid.
Legal basis: Civil Code of the People's Republic of China
Article 10000 Rollback 046 Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other party, 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. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.
Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family in accordance with the agreement between the man and the woman.
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.
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If the party to the marriage registration does not appear, he or she can claim that the marriage is invalid. According to the relevant laws of our country, the invalidity of marriage refers to one of the circumstances in which it is found that the two parties have bigamy, have a kinship that prohibits marriage, or have not reached the legal age of marriage (at the time of registration) after the two parties have registered their marriage, and the discovery person shall apply to the court, or dress up and try with the court on its own, and if it is found that the situation is true, the marriage shall be deemed invalid and the parties shall be notified. Where a party refuses to appear in court without a legitimate reason, it does not impact the trial.
[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 143 of the Civil Procedure Law.
Where the plaintiff is summoned by summons and refuses to appear in court without a legitimate reason, or leaves the court without the court's permission to dismantle the stove, it may be handled as a withdrawal of the lawsuit; Where the defendant counterclaims, a judgment may be rendered in absentia.
Article 144.
Where the defendant is summoned by summons and refuses to appear in court without a legitimate reason, or leaves court without the court's permission, a judgment may be rendered in absentia.
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Hello, if you do not go through the marriage registration procedures to obtain the marriage certificate, the marriage relationship between the two parties is likely to be invalid.
If the parties get married after February 1, 1994, but fail to go through the marriage registration formalities and obtain the marriage certificate in accordance with the law, the marriage relationship is generally not established, and the parties are only in a cohabitation relationship. If the parties are married before February 1, 1994, and the man and woman are not married to a spouse, have reached the legal age of marriage, are not close relatives, and are completely voluntary, it is generally a de facto marriage, and it is a legal marriage and is protected by law.
I hope my answer is helpful to you.
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De facto marriage. If there is no marriage certificate, is the marriage valid?
Cohabitation before 1 February 1994.
The law stipulates that if both the man and the woman have met the substantive requirements for marriage, it shall be treated as a de facto marriage.
That is, the man and the woman cohabited together in the name of husband and wife before February 1, 1994 (continuous and stable cohabitation), and at the same time met the essential requirements of marriage.
Cohabitation after 1 February 1994.
According to the law, if there is no marriage certificate and cohabitation after February 1, 1994, this is an ordinary love cohabitation relationship.
China has adopted a registered marriage system. In other words, now both men and women must have a marriage certificate to get married, and the existence of the marriage relationship between the two parties is legally recognized.
Young people may think that as long as the relationship between the two parties is good, it doesn't matter whether there is a marriage certificate or not, so why stick to the formality? If you love you after all, if you don't love you, take a marriage certificate to tie up a person, and you can't keep a person's heart, what's the use of asking for a marriage certificate? Xiaoye Duoduo consulted a lawyer for this specificity.
The role of the marriage certificate.
The marriage certificate is a legally protected certificate of the marriage relationship between the two parties, and in addition to proving the marriage relationship, the marriage certificate has a wide range of uses.
The details are as follows: Property: Marriage certificate is required for the sale and purchase of houses obtained during the existence of the marital relationship, as well as house demolition, transfer, inheritance, creditor's rights and debts.
Children: Marriage certificates are required for birth registration, children's household registration, children's schooling, etc.
Exit: Marriage certificates may also be required for outbound tourism and immigration and study.
Proof of marital relationship: Once the relationship between the husband and wife breaks down and wants to divorce, or the husband and wife have a dispute and want to protect their rights through litigation, they must obtain a marriage certificate to prove the existence of the original marital relationship. If there is an act that infringes on the marital relationship, such as bigamy, a marriage certificate is also needed to protect legitimate rights and interests.
Little leaves are a warm reminder.
Marriage certificates can be of many uses. Marriageable young people can get married naked and flash, but they must not register their marriages, do not get marriage certificates, and beware of feelings that use "as long as the relationship is good, the marriage certificate is not important", "do we need a marriage certificate to maintain" and other reasons, especially those who are already married.
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A marriage without a marriage certificate is not an invalid marriage. Legally invalid marriages include bigamy, kinship that prohibits marriage, and underage of the legal age for marriage. An invalid marriage is essentially a cohabitation relationship.
Marriages without marriage certificates have no legal effect, and the relationship between husband and wife is established only when the marriage is registered, and both men and women who are required to marry must go to the marriage registration office in person to register their marriage. If the requirements are met, it shall be registered and a marriage certificate shall be issued. Obtaining a marriage certificate establishes the relationship between husband and wife.
Where marriage registration has not been completed, the registration shall be re-registered. The parties applying for marriage must abide by the provisions of the law and perform the marriage registration procedures prescribed by the law. Otherwise, there will be no legal consequences for the marriage relationship in the marriage group.
That is, an invalid marriage that is not protected by law must meet the prescribed substantive and formal requirements, otherwise it will not have the effect of a legal marriage.
1. What are the provisions of the Civil Code on marriage?
Article 1046:Marriage shall be completely voluntary between a man and a woman, and neither party shall be allowed to coerce the other party, 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. The marriage relationship is established after the marriage is registered. Where marriage registration has not been completed, the registration shall be re-registered.
Article 1050:After marriage is registered, the woman may become a member of the man's family, and the man may become a member of the woman's family, in accordance with the agreement between the man and the woman.
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 1052:Where marriage is entered into due to coercion, the coerced party may request a change of model from the people's court to request that the marriage be annulled.
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: Where one party suffers from a major 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 marriage shall be made within one year from the date on which the reasons for revocation are known or should have been known.
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No, you don't. It's written on the computer.。。 According to the legal age of marriage in China, men must be at least 22 years old, and women must be at least 20 years old; The procedures are as follows: 1. Documents to be submitted: 1. My permanent residence booklet and resident ID card (bring your own).
2. I have no spouse and have no direct blood relatives and collateral blood relatives within three generations with the other party (on-site signing).
3. The parties submit 3 2-inch recent half-length bareheaded color photos** (bring their own or take photos on site).
2. Procedures for marriage registration.
1. The man and woman who request marriage registration shall jointly apply to the marriage registration authority of the district or county-level civil affairs bureau (or town people) where one party has permanent residence with the required documents.
2. Both parties shall apply in person to the marriage registration authority, and each shall fill in a "Declaration of Application for Marriage Registration".
3. Both parties must sign or fingerprint in person in the "Declaration of Application for Marriage Registration" in front of the marriage registrar.
4. The marriage registration authority shall examine the documents and declarations submitted by both parties, and if the conditions for marriage registration are met, the registration shall be approved.
3. Time limit and fee standard for marriage registration.
1. Time limit for registration: If the documents and materials are complete, they will be registered on the spot and a marriage certificate will be issued.
2. Charging standard: 9 yuan per pair for domestic marriage registration.
I wish you all happiness!
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Don't, just take the household registration books and ID cards of both parties to the civil affairs bureau where one party's household registration is located.
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If there is a certificate from the village from another place, marriage is required to be examined, and the marriage inspection form is taken along with the household registration book and the certificate to register.
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To reply to the post of Ordinary Dream, you only need to bring your ID card and household registration book.
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No, no.
When you go to register, you can bring your ID card and household registration book.
They use a computer to show if you're married or unmarried.
There are two ways: one, tell him your true situation, if he loves a real you, not you living in a fictional environment, then he is the one worthy of your love, otherwise his love for you can only turn into a cloud in reality. >>>More
No one else understands why you don't get married, but only you know it, and you won't be able to, so it's better to live alone.
White holes have not been conclusively proven yet, but I think they exist.
The first sign is that two people have no common language and never speak together, the second sign is that they are separated from each other and are not in the same room, the third sign is that they each live their own days and do not give money to each other, and the fourth sign is that the two people are already as plain as water, as if there is no other party, which means that your marriage has existed in name only.
Every night I habitually stay up late, every time I set an alarm clock for myself and say that I must go to bed before 12:00, after setting an alarm clock for 12:00, every time I see that the alarm clock is about to go off, I will turn it off in a hurry, because I am particularly afraid that the sound of this alarm clock will come out, which is a warning to me, and then continue to stay up late with peace of mind.