Ningbo party conceals major diseases, can the marriage be revoked?

a client in ningbo consulted: before marriage, her husband told her that "there is nothing wrong with her body", and only after marriage did he find that the other party suffered from serious mental illness and took medicine for a long time. can this marriage be canceled? The conclusion first said: Yes, but there are strict conditions-the other party's pre-marital concealment of the disease must constitute a "major disease", and must know or should know the cause of the date within one year, to the people's court to request the cancellation of the marriage, overdue cancellation of the right to eliminate. Upon annulment, the marriage is deemed to have had no legal effect from the outset, and the party not at fault may also, pursuant to Article 1054 of the Civil Code, claim damages. Time windows and the preservation of evidence are the two decisive factors in such cases.

1. Legal Basis and Element Breakdown

Article 1053 of the the People's Republic of China Civil Code stipulates: "If one party suffers from a serious illness, he shall truthfully inform the other party before the marriage registration; if he does not, the other party may request the people's court to cancel the marriage. A request for annulment of a marriage shall be made within one year from the date when the party knew or ought to have known of the ground for annulment."

To disassemble this article, the establishment of the right of revocation must have four requirements at the same time: first, the diseased party has suffered from serious diseases before the marriage registration; second, the diseased party fails to perform the obligation of truthful notification, that is, deliberately concealing or not truthful explanation, so that the other party makes the intention of marriage without knowing it; third, the claimant is the other party who is concealed; fourth, within one year from the date on which the cause of the revocation was known or should have been known. All four elements are indispensable: a premarital disclosure cannot be withdrawn; the illness must not constitute a “serious” condition for withdrawal to be permissible; and if one year has elapsed since becoming aware of the condition, the right to rescind lapses.

It needs to be noted that "should know" is not subject to the actual notification of the other party, but depends on whether the general rational person can detect it under the current situation: for example, if he has been accompanied to see a doctor for many times during the period of living together after marriage, and the diagnosis conclusion is clearly stated in the medical record, it may be one year from that time point. The statutory period of limitation is not subject to suspension or interruption; neither negotiation, separation, nor mediation can “pause” the one-year deadline. This is also why proceedings in such cases must be initiated as early as possible.

From the perspective of the subject of the right of claim, the right of revocation can only be exercised by the other party who was concealed during the marriage registration. The sick party himself cannot apply for revocation of the marriage, and other interested parties and close relatives have no right to bring it on his behalf; if the party is a person without civil capacity or a person with limited civil capacity, it shall be exercised on his behalf by his legal representative. If one party meets the cause of revocation and wishes to end the marriage, he can choose between the two remedies of revocation and divorce-revocation of the marriage is more beneficial to the non-fault party (invalid from the beginning, property disposal to take care of the non-fault party, damages can be claimed), but subject to a one-year exclusion period; If the time limit is exceeded, it can only be resolved through divorce proceedings. The jurisdictional rules of the two types of litigation are basically the same as the court of acceptance, but the legal consequences are significantly different, and the choice should be made before the prosecution in combination with the integrity of the evidence and the time window.

2. How is the scope of "critical illnesses" defined?

The Civil Code does not enumerate the specific types of “serious diseases.” In judicial practice, the identification of "major diseases" does not take the legal diseases of premarital examination as the only standard: if the severity of the disease is enough to affect whether the other party is willing to enter into marriage or seriously affect the life together after marriage, it may be identified (for example, some malignant tumors and serious organ diseases have been identified in individual cases); at the same time, it depends on whether the sick party "knows" that he is sick-if he needs to take medicine for a long time, has been hospitalized for many times, and has signed an informed consent form, it is generally presumed that he knows that only if the physical examination index is abnormal but the doctor does not inform him or the patient does not know about it, it may not constitute intentional concealment. In terms of proof, the evidence that the sick party knew the illness (informed consent form for hospitalization, medical advice, medical insurance reimbursement record) and the evidence that the concealed party did not know (not recorded in the premarital medical examination report and premarital chat record) should be fixed correspondingly. The practical determination is usually based on Articles 8 and 38 of the the People's Republic of China Law on Maternal and Infant Health Care: premarital medical examination is aimed at serious hereditary diseases, designated infectious diseases and related mental diseases. Article 38 of the Maternal and Infant Health Care Law provides a definitional list of three types of diseases: designated infectious diseases, which refer to AIDS, gonorrhea, syphilis, leprosy and other diseases that are medically considered to affect marriage and childbirth as stipulated in the Infectious Disease Prevention and Control Law. Related mental illness refers to schizophrenia, manic-depressive mental illness and other severe mental illness; serious hereditary diseases, it refers to hereditary diseases that are congenitally formed due to genetic factors, the patient loses all or part of the ability to live independently, the risk of reproduction of offspring is high, and it is medically considered unsuitable for reproduction.

Combined with the standards of local judges, the most commonly identified as "major diseases" in practice include: severe mental diseases such as schizophrenia and bipolar disorder (manic-depressive type); designated infectious diseases such as AIDS, syphilis and gonorrhea during the infectious period; serious hereditary diseases and other diseases that can affect fertility and seriously affect the life together after marriage. On the contrary, ordinary chronic diseases (hypertension, diabetes, etc.), sub-health status, cured and no risk of recurrence of the disease, generally do not constitute a "major disease" that can revoke marriage ". In the case, it is also necessary to combine the degree of influence of the disease on the will of marriage, whether it is in the stage of onset or infection, and if the sick party has been cured or informed of the time point before the disease, it is usually difficult to obtain support for the withdrawal request.

3. The essential difference between annulment of marriage and divorce

1. The effect is different: after the marriage is annulled, there is no legal binding force from the beginning, both parties restore the unmarried state, and the registration record can apply for annulment; divorce is the dissolution of the marriage relationship from the date of judgment or registration, and the previous marriage relationship is valid.
2. Property treatment is different: According to Article 1054 of the Civil Code, if the marriage is invalid or revoked, the property acquired during the period of cohabitation shall be dealt with by agreement between the parties; if the agreement fails, the people's court shall decide according to the principle of taking care of the innocent party. In the event of divorce, property shall be divided in accordance with the rules governing the division of marital property.
3. The status of children is different: the children born after the marriage is annulled are illegitimate children, but they enjoy the same rights as the children born in wedlock, and their parents still have the obligations of raising, educating and protecting them; the children born in wedlock are children in divorce.
4. Different time limits: There is a one-year prescriptive period for annulment of marriage; divorce litigation, in principle, is not subject to such a limitation.
5. Damages are different: the second paragraph of Article 1054 of the Civil Code makes it clear that if the marriage is invalid or revoked, the party without fault has the right to claim damages; the divorce damages must comply with the statutory circumstances stipulated in Article 1091 of the Civil Code.

4. Practical operation steps and evidence list

Eligible parties are advised to proceed as follows:

1. Proof of diagnosed condition: medical records, diagnostic certificates, medication records, medical insurance claim records, hospitalization records, psychiatric assessment reports, etc.;
2. Fixed premarital concealment of evidence: premarital chat records, witness testimony, premarital physical examination report and conclusion, statements of relatives and friends of both parties about the physical condition of the other party;
3. Fixed-date evidence of awareness: Records documenting the date on which the condition was first discovered (e.g., chat logs, attendance records for medical visits, call recordings), used to demonstrate that the lawsuit was filed within one year.
4. File a lawsuit with the People’s Court in a timely manner: A request to annul a marriage may only be submitted to the People’s Court; the marriage registration authority has no jurisdiction to handle such matters.
5. Joint claim for damages: To be raised concurrently in the action for annulment of marriage, thereby avoiding the additional costs associated with filing a separate lawsuit.

The evidence is filed according to three groups of "illness-concealment-informed time", in which the starting point of informed time is the core of proof and cross-examination, and is also the main battlefield for the other side to defend "more than one year.

5. (example, fictional) deduction case

Ms. Wang, a resident of a certain district in Ningbo, registered her marriage with Mr. Li in May 2023. Before marriage, Li claimed to be in good health. After marriage, Ms. Wang found that there were a large number of antipsychotic drugs in Li's drawer. Under questioning, Li admitted that she had been diagnosed with schizophrenia since 2018 and had been hospitalized many times. In March 2024, Ms. Wang sorted out Li's medical records, discharge records and WeChat records of the date she first discovered the drug. In April of the same year, she filed a lawsuit to the court for annulment of the marriage and claimed compensation for damages. After review, the court found that: schizophrenia is referred to as "related mental illness" in the Maternal and Infant Health Care Law, which constitutes a major disease under Article 1053 of the Civil Code; Li did not truthfully inform before marriage, and Ms. Wang sued before she knew the reason. Less than a year; the marriage was revoked, and Ms. Wang's request for damages was supported as appropriate. On the contrary, if Ms. Wang does not file a lawsuit until June 2025, more than one year has passed since March 2024, the right of revocation has been eliminated, and the marriage can only be dissolved through divorce procedures.

6. Common misconceptions and correct answers

1. Misunderstanding: The Civil Affairs Bureau can handle the cancellation of marriage.A marriage may only be annulled by filing a request with the People’s Court; the registration authority is only authorized to handle divorce registrations and has no power to annul a marriage.
2. Misconception: After learning about the condition, you can take your time to consider it and settle everything together during the divorce. The one-year reprimand period will not be suspended or interrupted, and the right of cancellation within the time limit will be eliminated; if you don't sue in time, you can only take the path of divorce, and you can't get the effect of "the marriage is invalid from the beginning.
3. Myth: Any illness can be reversed. Common chronic diseases, sub-health and cured diseases generally do not constitute "major diseases"; whether they constitute or not must be comprehensively identified by combining the disease type, course of disease and the impact on marriage.
4. Misconception: After a marriage is annulled, the child will become “unregistered” or the other party will no longer be obligated to provide support. Children born out of wedlock have the same rights as children born in wedlock, and the biological parents still have to bear the maintenance fee; the property shall be treated as the income during cohabitation and the innocent party shall be taken care.
5. Misunderstanding: There is no need to return the bride price and property to the other party if the marriage is revoked. The property acquired during cohabitation shall be dealt with according to agreement or judgment. Revocation does not affect the liquidation of mutual investment, but the principle of liquidation is different from divorce.
6. Misconception: Once the other party’s illness has been cured, no further action can be taken. Whether constitutes a major disease is subject to the state before marriage registration, and it will not affect the establishment of the cause of cancellation until it is cured after marriage. However, if the one-year exclusion period starts from the time when we know or should know, we will still lose the right of cancellation if it is delayed for too long, and we can only transfer the divorce path.

7. Frequently Asked Questions

After knowing that the other party concealed a major illness before marriage, how long can he wait at most before suing?

It must be proposed within one year from the date when the cause of revocation is known or should be known. This period is the period of exclusion, which will not be suspended or interrupted due to negotiation or mediation, and the right of revocation within the time limit will be eliminated.

Which is more beneficial to the no-fault party, annulment or divorce?

It is usually more beneficial to cancel the marriage when the conditions are met: the marriage is invalid from the beginning, the property is treated according to the principle of taking care of the no-fault party, and the no-fault party can claim damages; however, it is subject to a one-year time limit, and those who exceed the time limit can only sue for divorce.

The other party really didn't know he was sick before marriage, and only found out after marriage, can it be revoked?

No. The reason for cancellation is based on the premise of "suffering from a major illness before marriage and not truthfully informing". If the affected party does not know about it, it does not belong to concealment. However, if the illness seriously affects the common life after marriage, it can negotiate or sue for divorce according to law.

In a lawsuit to annul a marriage, is the personal presence of the parties required in court?

The principle of identity relationship litigation requires the parties themselves to appear in court to make a statement; if there is a real difficulty, you can explain to the court and apply for video and other methods, which is subject to the requirements of the undertaking court.

Can the other party still be required to bear the liability for fault compensation after the marriage is annulled?

Sure. According to Article 1054 of the Civil Code, the no-fault party whose marriage is invalid or revoked has the right to claim damages, which may be brought together in the lawsuit for the revocation of the marriage.

8. Practical insights from a lawyer's experience

When they find that their spouses conceal major diseases before marriage, many people's first reaction is to sue for divorce, but this way will leave a more favorable entrance in vain-annulment of marriage. The consequence of revocation is that the marriage is not legally binding from the outset and also affects the return of bride price and the disposal of property, which is usually more cost-effective for the no-fault party. However, there are two strict requirements: the undisclosed illness must constitute a serious disease, and you must file a claim with the court within one year from the date you knew or should have known about it. This year is a period of exclusion that cannot be interrupted or extended. Once missed, the right of revocation will be eliminated and divorce can only be changed.

So time is the winner. Don't rush to the public after discovery, but focus on fixed evidence: diagnosis certificates, medical records, prescription and long-term medication records, traces of denial or concealment by the other party, and a timeline that can prove when you knew. The withdrawal of the request can only stand if both the illness is premarital and the fact that I have only recently learned about it are confirmed. Once the evidence is preliminarily assembled, file the lawsuit as soon as possible—do not prolong the process by simultaneously engaging in negotiations while letting a full year slip away. If the other party drags you through repeated negotiations on the grounds that your relationship has not broken down, you should also realize that time is on his side, and the more you drag, the worse it will be for you.

while claiming revocation, they can claim damages together if they meet the conditions; if there are already common property and children in the marriage, how to deal with these relationships after revocation needs to be clearly stated in the lawsuit request, so as to avoid leaving the tail of property and support only after solving the identity. If the time is nearing the expiration date, or the evidence is always insufficient, don't hold on, and timely evaluate other paths such as turning to divorce proceedings. The legal consequences of revocation and divorce are not the same. Which way to go should be determined according to your primary appeal. Don't waste it on a road that doesn't work.

to conceal serious illness to get married, the law gives the innocent party a relief path of "annulment of marriage", but the key lies in two points: whether the illness constitutes a statutory "serious illness", and whether to sue within one year from the date of knowing or should know.In case of such problems, don't delay-first according to the "disease evidence, concealed evidence, informed time evidence" three sets of fixed materials, and then as soon as possible to the people's court to cancel the marriage lawsuit and claim damages together. If it exceeds one year, it shall be transferred to divorce proceedings in time and make arrangements for property and children. Do not lose the best time for relief due to delay.