What are the circumstances of invalid marriage in Ningbo?

Not all marriages that have been officially registered are valid. To conclude: where any of the following three circumstances exists—bigamy, a prohibited familial relationship, or failure to meet the statutory marriage age—the marriage is void ab initio, and the parties or interested third parties may petition the court to have it declared invalid. A void marriage has no legal effect from the outset; property acquired during cohabitation shall be divided in accordance with the principle of protecting the faultless party, and any children born during such cohabitation shall be subject to the provisions governing parent–child relationships. This article is compiled in conjunction with the Civil Code and the Interpretation of the Marriage and Family Chapter (II), which will come into effect in 2025.

1. legal basis and three types of statutory invalidity

Many people think that the registration is valid, in fact, there is a legal invalid situation, the court can confirm that the marriage is invalid from the beginning. 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 marriage age." The three types of situations are broken down as follows.

Scenario 1: Bigamy. If a person who already has a legally recognized spouse subsequently registers a marriage with another person (or, even if no registration is made, cohabits with that person under the guise of a marital relationship, thereby constituting de facto bigamy), the latter marriage is void. Article 1 of the "Interpretation (II) of the Supreme People's Court on the Application of the Marriage and Family Chapter of the Civil Code of the People's Republic of China" (Judicial Interpretation [2025] No. 1, hereinafter referred to as Interpretation II), which came into effect on February 1, 2025, further clarifies the position that "bigamy is absolutely invalid": if, at the time a claim for confirmation is brought, the party in the lawful marriage has already divorced or the spouse has already died, and the defendant raises this defense to argue that the subsequent marriage should be deemed valid, the people's court will not support such an argument. In other words, bigamy is not “cured” by the dissolution of the prior marriage.

Case 2: There is a kinship that prohibits marriage.Marriage by lineal blood relatives or collateral blood relatives within three generations is prohibited, and the marriage of the violator is null and void. This situation will not disappear over time; an invalidation request may be filed at any stage.

Case 3: Not to the legal age of marriage. If, at the time of marriage registration, the male is under twenty-two years of age and the female is under twenty years of age, the marriage is void for failure to meet the statutory age requirements; however, once both parties reach theLegal marriage age, the ground for invalidity ceases to exist, and a declaration of invalidity is generally no longer granted—this is commonly referred to in practice as “the effect being cured upon reaching the required age.”

In terms of legal consequences, Article 1054 of the Civil Code stipulates that an invalid marriage has no legal binding force from the beginning, and the parties do not have the rights and obligations of husband and wife; the property acquired during cohabitation shall be disposed of by the parties by agreement, and the agreement fails., The people's court shall decide on the principle of taking care of the no-fault party, and the property rights of the parties to the legal marriage shall not be infringed, the provisions of this Law concerning parents and children shall apply.

Subject of 2. Request, Jurisdiction and Duration of Procedure

Who can request confirmation of invalidity: according to article 9 of the (I) on the interpretation of marriage and family, the subject of the request for invalidity of marriage is determined by different circumstances-on the grounds of bigamy, the close relatives and grass-roots organizations of the parties concerned; On the grounds that they have not reached the legal age of marriage, they are the close relatives of the parties concerned. The party concerned may, of course, make the request.

Where to sue: the case of confirming the invalid marriage is a confirmation lawsuit, which is generally filed with the basic people's court of the defendant's domicile, and all basic courts in Ningbo can accept it. After accepting a case, if the People’s Court finds that a marriage is invalid, it shall, in accordance with the law, render a judgment confirming its invalidity. An invalid marriage cannot be “dissolved” through a divorce by agreement, as such a marriage has never had any legal binding force from the outset.

Regarding the limitation of time: the request for confirmation of the invalidity of the marriage does not apply to the three-year limitation of action. The invalidity situation exists objectively and does not "heal" due to the passage of time. However, the situation that has not reached the legal age of marriage will disappear after reaching the age of marriage. At this time, further litigation is usually not supported-this is different from the limitation of action and needs to be clarified to the parties.

Treatment of property, children and bride price 3. invalid marriage

Property disposal: After the marriage is confirmed to be invalid, the property acquired during the period of cohabitation shall be treated as joint ownership, except for those that are proved to be owned by one party, and the people's court shall judge according to the principle of taking care of the no-fault party, reflecting the negative evaluation of the party concealing the invalid situation.

Treatment of children: Children born of invalid marriage shall not be affected, and the provisions of the Civil Code on the relationship between parents and children shall apply. The rules of maintenance, visitation and maintenance shall be consistent with those of children born in wedlock, and the maintenance obligation shall not be exempted on the ground of "invalid marriage.

The betrothal gifts are intertwined: if the marriage has not been registered but the betrothal gifts have been paid, in accordance with the provisions of the Supreme people's Court on several issues concerning the Application of Law in the trial of cases involving betrothal gifts (Law interpretation [2024] No. 1, implemented on February 1, 2024), if the two parties fail to register their marriage and one party requests the return of the betrothal gifts paid according to custom, the court determines whether to return and the proportion of the return, taking into account the time of living together, the pregnancy situation, the fault of both parties, the amount of bride price and the use of the gift, etc. If the marriage has been registered and lives together, the return is not supported in principle, but the return is discretionary if the time of living together is short and the amount of bride price is too high. In cases where an invalid marriage is intertwined with the issue of returning a bride price, one may invoke Article 1054 of the Civil Code in conjunction with this interpretative guideline.

4. case proof

Bigamy is the first of the cases of invalid marriage stipulated in Article 1051 of the Civil Code. According to a report by the Zhejiang Rule of Law Daily on October 13, 2021, the Meishan Tribunal of the Beilun District People’s Court in Ningbo heard a divorce case in which the husband had committed bigamy and fathered two children with another woman. The court, pursuant to Article 1088 of the Civil Code, awarded economic compensation of RMB 150,000 and damages of RMB 50,000; the Ningbo Intermediate People’s Court upheld this decision on appeal. In Ningbo’s judicial practice, cases of bigamy are subject to strict scrutiny, directly affecting both the division of marital property and the award of damages. Following the implementation of Interpretation II, even if the prior marriage has been dissolved, such subsequent marriages cannot be deemed valid, and the judicial approach has become increasingly clear. With regard to cases in which a marriage is registered while concealing a collateral blood relationship within three generations, courts typically ascertain the kinship and, in accordance with the law, render a judgment declaring the marriage invalid. According to a report by the Zhejiang Legal Daily on February 16, 2022, in a betrothal gift case handled by the Yinzhou District People’s Court, the plaintiff had paid RMB 260,000 as a betrothal gift, the couple did not register their marriage, lived together for more than one year, and the woman subsequently suffered a miscarriage. The court ruled that RMB 120,000 should be returned, demonstrating that the duration of cohabitation and reproductive status significantly influence the amount to be refunded. The No. 1 Civil Division of the Zhejiang High People’s Court, in its “Answers to Several Questions Concerning the Adjudication of Marriage and Family Cases” (Gao Fa Min Yi [2016] No. 2), also clearly sets forth a comprehensive and discretionary standard for determining the return of betrothal gifts; courts within Zhejiang Province, including those in Ningbo, adhere to this guidance.

5. Common Misconceptions and Correct Answers

Myth 1: A marriage certificate must be a valid marriage.Positive solution: registration only completes the formal elements, there are bigamy, forbidden marriage kinship, under the age of marriage three cases, the court can still confirm that the marriage is invalid from the beginning.

Myth 2: Bigamy and later divorced, the following marriage is automatically valid.Positive solution: Interpretation 2 Article 1 clearly states that bigamy is absolutely invalid and will not be valid due to the dissolution of the previous marriage or the death of the spouse.

Myth 3: The children of invalid marriages are "out of wedlock" and no one cares.The legal status of children born of invalid marriage is the same as that of children born in wedlock, and the obligation of parents to raise them is not affected by the validity of marriage.

Myth four: invalid marriage will be "automatically invalid", do not have to go to court.Positive solution: invalid marriage must be confirmed by legal procedures, and the court will not automatically declare it; disputes involving the return of property and child support still need to be resolved through litigation or negotiation.

Myth 5: Concealing age registration will be fine in a few years.Positive solution: the marriage is invalid during the period before the age of marriage, and the correction is made after the age of marriage, but the relationship between bigamy and forbidden marriage does not disappear because of time, and the related risks persist.

6. procedural details and evidence: how to fight an invalid suit.

There are several noteworthy points in the procedure for confirming the invalidity of the marriage: first, the court's active review. After accepting a divorce case, if the court finds that the marriage is invalid, it will handle the matter in accordance with the law and will not simply issue a divorce decree; an invalid marriage cannot be “divorced,” but must be declared null and void. Therefore, if, after filing a lawsuit on the ground of “divorce,” it is discovered that the marriage falls under a ground for invalidity, the claim must be adjusted to pursue a declaration of invalidity.Second, the criminal and administrative responsibility of bigamy.Bigamy violates monogamy and may also violate the crime of bigamy in Article 258 of the Criminal Law, and the injured party may report the case to the public security organ; the treatment of invalid marital property caused by bigamy shall not infringe upon the property rights and interests of the parties to the legal marriage, and the original partner may claim the return of the transferred common property. Third, the allocation of the burden of proof. The party requesting the declaration of invalidity or any interested party must provide evidence to substantiate the grounds for invalidity: bigamy is established through corroborating marriage registration records, marriage certificates, and household registration information; prohibited kinship is proven by household registration certificates, birth medical certificates, and certificates of kinship; and failure to meet the legal marriage age is demonstrated by the date of birth recorded in the marriage registration file. The party that conceals facts during registration shall bear adverse consequences for its claims. Fourth, coordination with the registration authority. After a marriage has been declared invalid, with respect to the correction of marriage registration records and household registration marital status, one may, by presenting the legally effective document, consult and apply for such corrections with the marriage registration authority and the public security organ; if the invalidity arises from an error in the registration, one may also first report the matter to the registration authority.

The list of proofs is suggested to be fixed in three categories: first, identity relationship materials (household registration certificate, birth medical certificate and kinship certificate) to prove whether there is kinship prohibited from marriage; The second is the registration materials (marriage registration files, registration time and identity information of both parties) to verify whether bigamy or less than the legal age of marriage. Third, property and payment certificates (purchase capital contribution, bride price payment, income and expenditure records during cohabitation), to prepare for the disposal of property after invalidation.

Q: Does invalid marriage affect children's hukou and inheritance?Answer: It does not affect. The rights and obligations between children born of a void marriage and their parents shall be governed by the general provisions of the Civil Code concerning parent–child relationships. Matters such as household registration, upbringing, and inheritance shall be handled in accordance with the normal parent–child relationship, and neither party may, on the ground of “the marriage being void,” evade parental support obligations or deprive the child of their statutory share of inheritance.

Q: What about debts incurred during an invalid marriage for living together?A: The debts incurred during the period of cohabitation for living together and operating together shall generally be borne by both parties; if it is indeed a personal debt of one party and is not used for living together, it shall be borne by the party itself. In handling such cases, the determination shall be based on the common intent regarding the use of funds and the liabilities incurred, aligning with the rules for recognizing marital joint debts in a valid marriage. Where a creditor asserts liability, the scope of liability shall be determined by evidence.

Q: Can you not go to the court and let the marriage registration authority handle it directly?Answer: No. After the Civil Code came into effect, the invalidity of a marriage must be determined by a judgment of the People’s Court; marriage registration authorities no longer handle matters related to “declaring a marriage invalid.” Where there are demonstrable errors in the marriage registration—such as incorrect identity information or fraudulent registration—the parties may apply to the registration authority for correction or seek resolution through administrative or civil litigation. After the litigation confirms the invalidity, subsequent corrections, such as those to household registration and marital status, shall be processed based on the legally effective document.

Q: Which law applies to registration of marriage, divorce or confirmation of invalidity abroad?A: The conditions of marriage and the determination of the validity of marriage involve the application of the law on foreign-related civil relations, and the applicable law is generally determined in accordance with the rules of the law of the place of common habitual residence, the law of the State of common nationality or the law of the place of marriage, which is different from the treatment path of the civil code applicable to domestic registered marriages. For marriages involving a foreign element, first ascertain how the law of the place of registration aligns with Chinese law, then determine the appropriate procedure. It is recommended to seek case-specific legal advice.

7. Frequently Asked Questions

Q: In what cases is the marriage invalid?

Answer: There are three legal types: bigamy; There is a kinship that prohibits marriage (lineal blood and collateral blood within three generations); Under the legal age of marriage (male 22 years old, female 20 years old).

Q: What is the difference between invalid marriage and revocable marriage and divorce?

A: An invalid marriage is not legally binding from the beginning and must be confirmed by the court. A revocable marriage (such as coercion marriage or concealment of a major illness) must be revoked within one year from the date when the parties knew or should have known, and the revocation will be invalid from the beginning; Divorce is for the dissolution of a valid marriage. The three procedures differ in their processes and consequences and should not be used interchangeably.

Q: Is it invalid to get married before the legal age of marriage?

A: Invalid during the period before the age of marriage; After reaching the legal age of marriage, the invalid situation disappears, and the confirmation of invalidity is generally no longer supported, and the validity of marriage can be corrected.

Q: How to deal with property and children after the marriage is invalid?

A: The property obtained during the period of cohabitation shall be handled by agreement. If the agreement fails, the court shall decide according to the principle of taking care of the no-fault party. One party's personal property belongs to the individual. Children shall be subject to the provisions governing parent–child relationships, and matters of custody and visitation shall be handled as usual, without being affected by the annulment of the marriage.

Q: What is the remedy for the "fraudulent marriage" that conceals close relatives?

Answer: You can request the court to confirm the invalidity of the marriage, and advocate the division of cohabitation property and the return of related payments in accordance with the principle of caring for the no-fault party; if bigamy is involved, the bigamy can also be held accountable.

8. Practical Insights from a Lawyer

Marriage is not necessarily valid if you get a marriage license. There are only three legally recognized grounds for invalidity: bigamy, a prohibited familial relationship, and failure to meet the statutory marriage age. Moreover, such marriages are void ab initio and are not subject to any time limit. It is a separate system from a voidable marriage; the former does not require the parties to assert their rights within a specific time frame, whereas the latter is subject to a statutory limitation period. Only by distinguishing between invalidity and voidability can one avoid choosing the wrong remedy and unnecessarily prolonging the proceedings. A declaration of nullity is not the same as a divorce; the procedural approach and subsequent legal consequences differ, so it is crucial to get the right direction from the outset.

In the case of an invalid suit, the subject, jurisdiction and evidence should be considered together. Both parties and interested parties may have the right to make a request, and jurisdiction generally falls on the place of domicile of the defendant or the place where the marriage is registered, and is clearly confirmed before prosecution. The evidence presented shall focus on the grounds for invalidity: the marriage registration file serves to establish the facts of the registration; identity and kinship documents are used to determine whether the parties fall within the prohibited categories; where bigamy is alleged, proof that the prior marriage remains in effect must also be provided. These materials often involve various channels, such as public security and civil affairs departments; the earlier you begin the process of obtaining them, the less likely it is that they will become difficult to acquire due to the passage of time.

After invalidity is confirmed, the real problem often lies in dealing with the consequences: property during cohabitation is treated according to the principle of taking care of the fault-free party, children born are treated according to the relationship between parents and children, and bride price previously paid may also be taken into account. Many parties focus solely on the conclusion that the marriage is invalid, while overlooking whether their own assets have been transferred or depleted by the other party during that period. By the time the judgment is rendered, they often find that there is little left to divide. Therefore, while asserting the invalidity, it is essential to simultaneously monitor for any leads regarding assets. Acting promptly and securing evidence as early as possible is the most practical lesson in cases of this kind.

The key to the nullification of marriage lies in the "three legal situations": bigamy, forbidden kinship, and under the legal age of marriage. It is recommended to fix three types of materials: first, identity relationship materials (household registration certificate, birth medical certificate, kinship certificate) to prove whether there is a kinship that prohibits marriage; second, marriage registration materials (marriage registration files, registration time), Used to verify whether it constitutes bigamy or under the legal age of marriage; third, vouchers and evidence of living together involving betrothal gifts and property payments. The party who conceals the close kinship or falsely reports the age registration should foresee that the marriage may be confirmed invalid and the corresponding consequences of the return of property.