Insights

Can Ningbo cancel this marriage because of the other party's cheating marriage?

Ningbo Author：LuXu WANG

Can the marriage be annulled when it is found that the other party is getting married for money or concealing important facts? There are legal circumstances for annulment of marriage, and whether the "fraudulent marriage" is established depends on what is specifically concealed.

1. of the circumstances in which a marriage may be annulled

the revocable marriage defined by the law mainly includes marriage due to coercion and failure to inform one party of a major illness before marriage. Whether other circumstances are revocable depends strictly on compliance with the statutory requirements. This list is closed, and those who are not in the list will not be revoked, but will be treated according to divorce or other paths.

Legal Scope

the circumstances of a revocable marriage are expressly provided for by law and cannot be expanded arbitrarily. A "fraudulent marriage" that does not fall under the statutory circumstances may not be revoked, but may be resolved through divorce. It is a common misconception to mistake general emotional deception for revocation. It is necessary to distinguish it clearly before prosecution.

Whether 2. fraud constitutes revocation

general life fraud (e. g. overstating income, concealing marriage history) usually does not constitute a cause for annulment. The law keeps the "revocable" opening in order to protect the freedom of marriage, not to open the opening for any unhappiness.

See the nature of concealment

whether the concealment is a "major matter" and the law clearly requires pre-marital notification is the key. Ordinary deception more affect the feelings, not of course to revoke the marriage. Income level, past love history, these do not constitute revocation, can only be used as a reason for divorce, the path to choose the right.

3. conceal material facts

if one party suffers from a major illness before marriage and fails to inform it truthfully, the other party may request the annulment of the marriage. The "significant" and "uninformed" here need to be supported by evidence. Major diseases point to diseases that affect the decision to marry and live together, and must exist before marriage and be known after marriage. Both conditions are indispensable.

Another Discussion on Property Fraud

fraudulently obtaining property in the name of marriage may involve criminal or civil restitution, but it does not of course lead to the revocation of the marriage. Cheating money and revocation are two things. The paths are different. Don't confuse them. Otherwise, you won't be able to withdraw your marriage and lose your money.

Time limit for 4. withdrawal

there is a time limit for the exercise of the right of revocation, which shall be raised within one year from the date on which the cause of revocation is known; in the case of coercion, within one year from the date of termination of the coercion. Overdue may be lost. This year is a period of exorcation, the suspension is not applicable, the expired court no longer supports it, and there is no chance when the window closes.

Difference Between 5. and Divorce

the legal consequences of revocation and divorce are very different. If the marriage is revoked, it is not legally binding from the beginning, the two parties do not have the rights and obligations of the husband and wife, the property acquired during the period of cohabitation shall be disposed of by the parties by agreement, and if the agreement fails, the court shall decide according to the principle of taking care of the no-fault party; divorce is the dissolution of a legally valid marriage, and the property shall be divided according to the rules of common property. The path is wrong, and the property is qualitatively different.

1. Different traceability of identity relationships

revocation is a retroactive denial of the validity of the marriage, and divorce only takes effect backward. Which path to choose directly affects the space for property characterization and compensation claims, and you should think clearly before you sue. For example, revocation can claim damages, divorce is the division of common property, the logic is completely different, don't go wrong.

2. Can compensation be claimed after revocation?

The innocent party who revokes the marriage has the right to claim damages, which is the same as the fault compensation in divorce but the applicable scenario is different: the revocation focuses on the damage caused by "marriage fraud or coercion", and the scope of compensation includes moral damage and reasonable rights expenditure. At the same time, it was put forward, don't miss this, otherwise it will be withdrawn but will not get the compensation it deserves, and the rights and interests will be discounted.

6. intend to withdraw what evidence to prepare

when deciding to withdraw, the evidence must be prepared first: chat threats, alarm records and witness testimony to prove coercion; Pre-marital medical records proving major diseases, diagnosis certificates, and communication records that the other party knew but did not inform; As well as materials that prove that they were discovered within the time limit. The more complete the evidence is, the more stable the revocation request will be. If it is delayed, there will be no chance. Prepare to catch up. According to Yinzhou Court's White Paper on Trial of Marriage and Family Cases (2019-2021), electronic evidence such as WeChat has many defects in proof and is difficult to be accepted in divorce cases. Chat records and transfer records suggest keeping the original carrier and paying attention to time continuity.

The deadline starts from "knowing."

the one-year period for revocation starts from the date on which you "knew or should have known" of the revocable cause, not from the date of marriage. Keeping evidence of the time of discovery (e. g. confirmation notification date, chat record time) can help you confirm whether you are still in the window and prevent the other party from arguing "should have known earlier". Forensics and calculation period should be two-line parallel.

7. case proof

in practice, the man concealed major diseases before marriage and did not inform him. The woman's request for cancellation of the marriage was supported within one year after she knew about it, and the man was ordered to compensate the woman for mental damage of about 30000 yuan.

In practice, the woman claims to cancel the marriage by concealing the income status of the other party, because it is not a legal requirement is not supported, the court guides her through divorce.

In practice, one party defrauded the bride price of about 280000 yuan in the name of marriage and lost the union, and the victim recovered most of the money through a civil return lawsuit.

8. Risk Alert

  • thinking that any deception can be undone.
  • Confuse revocation with divorce.
  • Missed revocation time limit.
  • No evidence of material facts.
  • Property fraud to find another path.
  • The evidence was not prepared until the expiration date.

9. FAQ

can a marriage be canceled?

Only in accordance with the statutory circumstances (such as major diseases not informed, coercion) can be revoked.

Does hiding income and marriage history count?

Generally not statutory revocation, more through divorce settlement.

Is there a deadline for revocation?

There is. Within one year from the date of self-knowledge and within one year from the date of termination of coercion.

What about cheating?

The marriage may be annulled through alternative criminal or civil restitution, not ipso facto.

Practical Experience of 10. Lawyers

if you are cheated, whether you can revoke your marriage depends on how big the law is. The circumstances in which revocation can be revoked are statutory and limited: the marriage is coerced, or one of the parties suffers from a major illness and fails to give truthful notice before marriage. In addition, deception, such as exaggerating income, concealing marriage history, and lying when falling in love, usually does not constitute a cause for revocation, but can only be used as a reason for divorce. This distinction is important because it determines what you should sue for and what results you can get. If you choose the wrong path, time and energy will be wasted.

The threshold of proof is not low for those who advocate revocation. On the grounds that a major illness has not been notified, it is necessary to prove three things: the other party does suffer from a major illness that affects the marriage decision in the legal sense. This disease already existed before marriage, and you only knew about it after marriage. Medical records, diagnosis certificates, chat records, details of living together, and the time points at which both parties know should be able to match. In addition, the right of revocation has a time limit for exercise. Generally, it is proposed within one year from the date when you know or should know the cause of revocation. The longer it is delayed, the more passive it will be. Therefore, once you decide to go this way, you should sort out the materials as soon as possible.

It is also necessary to separate two things: whether the marriage can be revoked and whether the money can be returned are two different ways. If the other party defrauds property in the name of marriage, it can be solved by returning property or even investigating criminal responsibility, but this does not of course make the marriage revocable; on the other hand, even if the marriage cannot be revoked, the money cheated may not be recoverable. In practice, the parties often mix these two things together, and as a result, they neither withdraw from marriage nor miss the time to chase money. A more stable approach is to sort out the evidence, time limit and request of the two roads first, and then decide which one to attack and whether it can be carried out simultaneously.