How to deal with the obstruction of invalid marriage in Ningbo after the cause disappears

Xiao Liu did not reach the legal age of marriage when he got married. A few years later, he wanted to end the relationship by "confirming the marriage is invalid" because of the emotional breakdown, but at this time, both parties have reached the legal age of marriage. How will the court handle this? The answer may surprise him: when a party seeks a declaration of marital invalidity, if the statutory grounds for such invalidity have ceased to exist by the time the lawsuit is filed, the people’s court will not grant the request. In other words, if both parties have reached the legal age of marriage before the legal age of marriage or prosecution, the marriage will no longer be deemed invalid, and the only way to end the marriage is to go through the divorce procedure. Understanding the framework comprising the three circumstances of void marriages, the rule regarding the disappearance of grounds for invalidity, and the parties and procedures involved in litigation is a prerequisite for addressing such issues.

1. Statutory circumstances and legal consequences of void marriages

Article 1,051 of the Civil Code of the People's Republic of China stipulates: A marriage is invalid in any of the following cases: (I) bigamy; (II) a prohibited kinship relationship; (III) failure to reach the legal age for marriage. These are all the statutory grounds for declaring a marriage invalid; any other reasons—such as incompatibility, fraud, or concealment of a medical condition by one party—do not render the marriage invalid and can only be addressed through divorce or annulment.

The essential requirements of the three cases are respectively: first, bigamy, that is, having a spouse and registering marriage with others, or living together in the name of husband and wife; second, the kinship that prohibits marriage, that is, direct blood relatives or collateral blood relatives within three generations (Article 1048 of the Civil Code), is invalid whether the parties are willing or not and whether they know it or not; third, before the legal age of marriage, that is, at the time of marriage, men are under the age of 22 and women are under the age of

20(article 1047 of the Civil Code).

The consequences of invalid marriage are stipulated in Article 1054 of the Civil Code: invalid marriage has no legal binding force from the beginning, and the parties do not have the rights and obligations of the husband and wife; the property acquired during cohabitation shall be dealt with by the parties by agreement, and if the agreement fails, the people's court shall judge according to the principle of taking care of the innocent party; for invalid marriage caused by bigamy, the protection of the property rights and interests of the legal spouse shall also be handled; if the marriage is invalid or annulled, the innocent party shall have the right to claim damages. As for children, the provisions on the relationship between parents and children are still applicable to children born during the invalid marriage, and the rights and obligations such as upbringing, visiting and alimony are not affected by the invalid marriage.

2. Rule on the disappearance of exculpatory factors: assess each circumstance individually.

Article 10 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the Civil Code of the People's Republic of the People's Republic of China stipulates that the parties request the people's court to confirm the marriage is invalid according to the provisions of Article 1051 of the Civil Code, and the people's court will not support it if the legal situation of invalid marriage has disappeared when filing a lawsuit. When the three scenarios are applied to this rule, the outcomes are entirely different:

1. Not of Legal Marriage Age: This is the only ground for invalidity that can be “cured” over time. If the parties were below the legal marriage age at the time of marriage but had both reached the statutory marriage age by the time a lawsuit was filed to declare the marriage invalid, the ground for invalidity has ceased to exist, and the court will not grant the claim to declare the marriage invalid; if the parties wish to terminate the marriage, they may only file a divorce action. If both parties are willing to continue living together, they may also retroactively register their marriage, with the marital relationship deemed to have commenced from the date on which both parties met the substantive requirements for marriage.
2. Bigamy: Whether the ground for invalidity “disappears” depends on the status of the prior marriage. If the former marriage has been dissolved (divorce, divorce by agreement or death of the spouse), the obstacles to the latter marriage are eliminated and the marriage is no longer in a bigamy state-at this time, the parties usually deal with the latter marriage according to the divorce procedure. If the former marriage is still in existence and the bigamy state continues, any request for confirmation of the marriage shall be supported, and bigamy may also constitute a criminal offence (article 258 of the criminal law).
3. There exists a prohibited kinship relationship: Kinship is an objective biological fact that is permanent and incurable, and the issue of “the circumstance ceasing to exist” does not arise. Regardless of how many years have passed, any request to declare a consanguineous marriage invalid should be granted at any time; no statute of limitations or estoppel rules apply.

What needs to be specially reminded is the procedural requirements: the confirmation of marriage invalidity must be decided by the court, which cannot be determined by itself, and the marriage registration authority will not cancel the registration based on the claims of the parties (the legal treatment of fraudulent registration by the marriage registration authority belongs to another procedure); mediation is not applicable to the case of marriage invalidity, and the court shall make a judgment according to law after examination and confirmation of invalidity, and cannot confirm the marriage invalidity by means of mediation.

3. Subjects of the right to claim, voidable marriage, and damages

Who has the right to request confirmation of the marriage? Article 9 of the Interpretation (I) of the Supreme People's Court on the Application of the Marriage and Family Code of the the People's Republic of China Civil Code stipulates that the subjects who have the right to request confirmation of marriage invalidation include the parties to the marriage and interested parties: on the grounds of bigamy, the interested parties are the parties. Close relatives and grassroots organizations; those who have not reached the legal age of marriage are close relatives of the parties. After the death of the party concerned, whether interested parties may continue to assert their claims shall be determined by judicial practice on a case-by-case basis.

Parallel to the invalid marriage but different in nature is the revocable marriage, which is easy to be confused and must be distinguished: Article 1052 of the Civil Code stipulates that if the marriage is coerced, the coerced party can request the revocation of the marriage, and the right of revocation shall be exercised within one year from the date of termination of the coercive act; if the personal freedom is illegally restricted, it shall be exercised within one year from the date of restoration. Article 1,053 provides that if one party suffers from a serious illness, they shall truthfully disclose this fact to the other party prior to marriage registration; if such disclosure is not made in good faith, the other party may petition to have the marriage annulled, and the right to annulment must be exercised within one year from the date on which the grounds for annulment were known or ought to have been known. It is evident that voidable marriages are subject to a time limit: if the annulment is not sought within the prescribed period, the marriage remains valid; whereas void marriages (such as those involving close relatives or bigamy) are, in principle, not subject to any time limit. The common consequence of both scenarios is that, upon the marriage being declared void ab initio or annulled, the party not at fault may, pursuant to Article 10

54of the Civil Code, claim damages.

Key points for handling the complaint of invalidation of 4. confirmation

When filing a lawsuit to have a marriage declared invalid, please note the following points: First, jurisdiction. Jurisdiction shall be vested in the basic-level people’s court at the defendant’s domicile; if the defendant’s domicile and habitual residence are not the same, jurisdiction shall lie with the court at the defendant’s habitual residence. Secondly, materials. The complaint, identity documents of both parties, and the marriage certificate; if the claim is based on bigamy, additional documentation such as the marriage registration records or court judgments from the prior marriage are required; if the claim is based on having been below the legal marriage age,household registration records and birth certificates for both parties must be provided. Third, handle them together. In the case of nullity of marriage, the division of property and child support during cohabitation may be claimed together, and the court shall make arrangements for the property and children together with the confirmation of invalidity. Fourth, the statute of limitations for evidence. The confirmation of invalidity is not limited to the statute of limitations, but the earlier the evidence (especially the pre-marriage status involving bigamy) is fixed, the better, and the registration information can be checked and verified by the marriage registration authority.

5. invalid marriage, revocable marriage and divorce: the choice of three paths

Found that there are defects in the marriage, the parties often hesitate between the three paths of "confirmation of invalidity, annulment of marriage, and divorce prosecution", comparing the differences before making a choice:

1. Confirmation of marriage is invalid: it is only applicable to bigamy, close relatives and under legal marriage age (Article 1051 of the Civil Code), and those under marriage age have disappeared at the time of prosecution. Invalid marriage has no legal binding force from the beginning. Property shall be treated as cohabitation property and no fault party shall be taken care of. No fault party has the right to claim damages (Article 1054 of the Civil Code).
2. Request for annulment of marriage: it is applicable to two kinds of situations (articles 1052 and 1053 of the Civil Code): one party conceals major diseases and fails to truthfully inform them. The right of annulment has a strict period of exclusion-one year from the date when the coercive act terminates or personal freedom is restored, one year from the date when the major diseases are concealed or should be known, and the right of annulment will continue to be valid.
3. file a divorce lawsuit: if the marriage is valid but the relationship breaks down, the divorce procedure shall be followed-there is no need to be limited by the circumstances of invalidity and revocability, the property shall be treated as the joint property of the husband and wife (which can be divided by agreement or judgment), and the party without fault may claim damages according to Article 1091 of the Civil Code.

The legal consequences of the three paths are significantly different: both invalidation and revocation lead to marriage "without legal binding force from the beginning", both parties do not have rights and obligations of husband and wife, and the property is treated as cohabitation; divorce leads to the dissolution of a "valid marriage", and the property is treated as the system of joint property of husband and wife. From the perspective of the parties’ interests, if the marriage itself is fundamentally defective and there is sufficient evidence, declaring it invalid or annulling it is more advantageous to the non‑faulty party in terms of property division and achieving a complete reset of their marital status; if the only issue is a breakdown of the relationship, filing for divorce directly is more practical. It should be noted that a claim for annulment and a claim for divorce may only be asserted as alternative, mutually exclusive grounds. If a party brings suit seeking an annulment but the court determines upon review that the conditions for annulment are not met, the court may advise the party to amend the claim to one for divorce. Any issues concerning property division and child custody should be addressed concurrently to avoid procedural delays.

6. Practical issues after confirmation of invalidity: remarriage, children, and past matters.

After a marriage is declared invalid or annulled, a series of practical issues still need to be addressed: first, the issue of remarriage eligibility. An invalid marriage is not legally binding from the beginning. After the court's judgment confirms that it is invalid, the parties will return to their unmarried state and can re-register their marriage in accordance with the law; the judgment can be used as proof of the marital status at the time of registration. Second, the issue of children. Children born during an invalid marriage have the same rights as children born in wedlock, and the right to raise, maintain, and visit shall be treated according to the relationship between parents and children, and shall not be changed due to the invalid marriage; if household registration is involved, relevant changes can be made on the basis of the judgment and birth certificate. Thirdly,Legal acts previously performed in the capacity of a spouse. After the marriage is confirmed to be invalid, the two parties do not have the rights and obligations of the husband and wife, but the effectiveness of the previous acts (jointly signed contracts and jointly registered property) carried out as spouses needs to be judged in combination with specific legal acts-if a third party is involved, the interests of a bona fide third party are usually protected, and the validity of the contract is not naturally denied because the marriage is invalid. The division of internal property shall be handled according to the rules of cohabitation. Fourthly, No-fault party's damages and property care. According to Article 1054 of the Civil Code, if the marriage is invalid or revoked, the innocent party shall have the right to claim damages. If the property agreement obtained during cohabitation fails, the court shall make a judgment according to the principle of taking care of the innocent party-when claiming rights, pay attention to filing the lawsuit in the confirmation of invalidity, so as to avoid the procedural cost of separate litigation. Fifth, correction of registration information. Records in the marriage registration system may be corrected or annotated based on a final court judgment. For matters involving related information such as household registration or real estate registration, please present the judgment to the relevant registration authority for processing; do not alter any official documents yourself.

7. Frequently Asked Questions

If the legal marriage age was not met at the time of marriage, but has since been reached, can the marriage still be declared invalid?

No. According to Article 10 of Interpretation (I), if the statutory ground for invalidating a marriage (not having reached the legal marriage age) has ceased to exist when a request to confirm the invalidity of the marriage is made, the court will not grant such a request. If you want to end your marriage, you should file a divorce lawsuit, and the court that meets the conditions of emotional breakdown will decide the divorce.

If the other party committed marriage fraud, can the marriage be declared invalid?

It depends on the specific situation of fraudulent marriage. Fraud is not invalid under Article 1051 of the Civil Code. If it is a coercive marriage, the coerced party may request to cancel the marriage in accordance with Article 1052 (within one year from the date of termination of coercion); If one party conceals a major illness and fails to truthfully inform it, the other party may request cancellation in accordance with Article 1053 (within one year from the date of knowledge). Those who have not claimed beyond the period of exclusion can only go through divorce proceedings.

Can bigamy be confirmed as invalid at any time?

In principle, it is OK, but if the former marriage has been dissolved at the time of prosecution, and the status of bigamy has been eliminated, whether or not to support the confirmation of later marriage is invalid, there are different treatments in judicial practice; if bigamy constitutes a crime, it may face criminal prosecution. In the case of bigamy, it is recommended to fix the evidence of the survival state of the former marriage as soon as possible, and to reflect the criminal issues to the public security organs in a timely manner.

The marriage is invalid, what about the children

The nullity of marriage does not affect the relationship between parents and children. Children born during an annulled marriage shall enjoy the same rights as legitimate children. Matters such as custody, child support, and visitation rights shall be governed by the rules applicable to parent–child relationships, and issues concerning property division and child arrangements may be resolved concurrently in the action to declare the marriage invalid.

8. Practical Insights from a Lawyer

Many people want to end the marriage by confirming the marriage is invalid, in order to avoid the trouble of divorce, but it is likely to fail. The law leaves a rule that prevents the disappearance of the cause: when the request is made to confirm the marriage is invalid, the court will not support it if the legal invalidity has disappeared at the time of the prosecution. The most typical case is when a couple marries before reaching thelegal age of marriage; by the time they file for divorce, both have already met the legal requirements, so the marriage is no longer deemed invalid. In such circumstances, if they wish to end the relationship, they must proceed with divorce proceedings. Make sure you understand this rule first, so you don’t choose the wrong route and end up making a wasted trip.

In practice, you should first determine which scenario applies. Bigamy and relatives that prohibit marriage may still be recognized as invalid if they do not change due to the passage of time. However, people who have not reached the legal age of marriage will be cured with age, so they should be extra cautious when advocating. Therefore, before suing, judge whether your situation still exists, and then decide whether to request confirmation of invalidity, or to divorce or revoke the marriage directly. If you really want to file a claim for confirmation of invalidity, you should also consider cohabitation property, child support and no-fault party compensation, and don't just focus on the effect.

Invalid marriage, revocable marriage and divorce are three different ways, each with applicable situations and different consequences. The wrong choice is not only a waste of procedures, but also may affect the direction of property and compensation.After the confirmation of invalidity or revocation, the property, children and previous affairs during cohabitation should also be properly handled. If remarriage is involved, attention should also be paid to the status of the previous relationship. Instead of tangling in concept, it is better to make clear what you really want-whether to end it as soon as possible, or to fight for compensation or property, and then to push out which procedure to go, so that it is not easy to go wrong.

The system of void marriages addresses only three types of fundamentally defective unions—bigamy, consanguinity, and failure to meet the marriage age requirement—and even the latter can be remedied over time. The advice to the parties is: first, according to the legal situation, judge whether their marriage is really "invalid", rather than the emotional breakdown, fraud and so on all into the invalid basket; if the other party is coerced or conceals a major illness, pay attention to the one-year exclusion period during which the marriage can be revoked, and the expiration date is not waiting. The handling of identity relationship involves the whole body. It is the most efficient way to sort out the path of "invalid or revocable or divorce" before prosecution, and then prepare the corresponding evidence.