Insights

When Ningbo was forced to get married, can it go back on its word afterwards?

Ningbo Author：LuXu WANG

Is marriage tied by family members or threatened effective? Marriage under duress is a clear revocable situation in law, but it must be requested on its own initiative and within the time limit.

1. marriage under duress may be revoked

in the case of a marriage under duress, the coerced party may apply to the people's court for the annulment of the marriage. This is the most direct relief of the law on the freedom of marriage, which is different from divorce. As long as it goes against its true will, the coerced party has the right to revoke it and does not have to endure until the feelings break up.

Freedom of marriage is protected

marriage must be voluntary. Forcing the other party to register by means of violence, threats, etc., is against free will, and the law gives the coerced party the right of revocation. Voluntary is the bottom line of marriage, forced registration itself is flawed, the law does not recognize this "voluntary". Even if the other party shows kindness and the relationship eases afterwards, the right of revocation is still there, and it will not be automatically lost because of the good peace. The initiative is always in the hands of the coerced party.

2. what is coercion

coercion refers to the threat of causing damage to the life, body, freedom, reputation, etc. of the other party or its close relatives, forcing the other party to marry against the true will. There needs to be an element of coercion and fear. No coercion, just pressure or persuasion, generally do not constitute coercion, to distinguish the border.

The evidence points to coercion.

Claims of coercion need to prove the existence of coercion and the fear and involuntary registration of the other party as a result. Chat threats, witness testimony, alarm records, etc. can constitute a chain of evidence. Scattered complaints are not enough, and the court will only recognize them if they can string together the whole process of "being forced.

3. who can request

only the coerced party has the right to request revocation, and others cannot be subrogation. The revocation must be brought by the coerced party to the court on its own initiative. Parents, relatives and friends can not replace the claim, can only assist in the collection of evidence, accompany the rights, and ultimately still need to nod.

Maintain without request

the right of revocation does not take effect automatically, and if the coerced party does not exercise it, the marriage relationship continues to be valid. Silence is not revocation. Even if the marriage does come from coercion and does not take the initiative to request it, it is still a valid marriage in law, and the other party may still claim the rights of husband and wife, and the risk is always hanging.

4. exercise period

the coerced party shall propose revocation within one year from the date of termination of the coercive act; if the personal freedom is illegally restricted, within one year from the date of restoration of freedom. Overdue may be lost. For those whose freedom is restricted, the time limit starts from the day of relief, leaving breathing space for the victim, but one year is still a hard bar.

Consequences of 5. withdrawal

after the marriage is revoked, it is not legally binding from the beginning, and the property acquired during cohabitation shall be disposed of according to the agreement, and if the agreement fails, the court shall take care of the judgment of the non-fault party; the non-fault party shall also have the right to claim damages. This is clearly different from the idea that divorce is based on the average division of common property, and revocation is more inclined to protect the no-fault party and compensation is more based.

1. Children's rights are not affected

if the marriage is invalid or revoked, the children born shall have the same rights as the children born in wedlock, and the maintenance, visitation and maintenance shall be dealt with in accordance with the provisions of the relationship between parents and children, and shall not be affected by the denial of the validity of the marriage. Children do not lose any rights as a result of the annulment of their parents' marriage, and maintenance visits continue as usual.

2. What is the scope of compensation

after the marriage is annulled, the damages claimed by the no-fault party usually include the physical and mental damage suffered as a result of the forced marriage, as well as the reasonable expenses incurred for extricating themselves from hardship, obtaining evidence and defending their rights. The specific amount is determined by the court in the light of the degree of fault, the consequences of the damage and the local standard of living, and is not a fixed standard. When claiming, the bills such as medical treatment, consultation and transportation should be kept well. The more solid the evidence is, the more basis the compensation will be. It is also necessary to avoid the underestimation of oral claims and the lack of due compensation in the end.

How to get out of trouble and obtain evidence after 6. are coerced

getting out of trouble is the first priority: first to ensure personal safety, and then to fix the evidence. Keep the chat screenshots and recordings of threats, call the police and obtain a receipt after leaving home, and apply for a personal safety protection order if necessary. The sooner the evidence is left, the more stable it will be withdrawn. When the threat is lifted for a long time, it will be supplemented. It is often only oral, difficult to believe, and the window may slip away quietly.

Don't wait for the "relationship."

many people choose to continue with the other party after getting out of trouble, dragging down the cancellation. As a result, they miss the one-year deadline, and their marriage becomes effective. If they want to get out of trouble, they can only go through divorce. Once it is determined to be coerced, the sooner it is advocated, the more active it will be. Don't trade silence for peace for a while, and finally suffer from it.

7. case proof

in practice, the woman was threatened by the man to hurt her family to register the marriage, and within one year after getting out of trouble, the court supported and revoked the marriage without paying compensation for the break-up.

In practice, the coerced party claims that it exceeds the statutory revocation period, and the marriage relationship is maintained because it is not supported within the time limit, prompting the exercise of power in a timely manner.

In practice, the woman kept the threatening chat record and the alarm receipt. The court found that coercion was established, revoked the marriage and ordered the man to compensate about 20000 yuan.

8. Risk Alert

  • thinking that duress is automatically invalid.
  • No evidence of blackmail.
  • Missed the one-year deadline.
  • Requested by others.
  • Confuse revocation with divorce.
  • It is not advocated to delay after getting out of trouble.

9. FAQ

is it effective to be coerced into marriage?

revocable. The coerced party has the right to request the court to set aside.

What is coercion?

To force involuntary marriage by threatening to damage life, physical freedom and reputation.

Who can request revocation?

Only the coerced party himself must take the initiative to submit to the court.

How long is the deadline?

Within one year from the termination of coercion; if freedom is restricted, within one year from the restoration of freedom.

Practical Experience of 10. Lawyers

A coerced marriage can be revoked, but unlike divorce, it must be initiated by the coerced party within the time limit, the court will not automatically deal with it, and no one else has the right to claim it on its behalf. Two key points should be grasped: First, coercion refers to the threat of damage to the life, body, freedom, reputation, etc. of oneself or close relatives, forcing the other party to register for marriage against their true wishes, and pure pressure and persuasion generally do not constitute; Second, the time limit is very hard, and it should be proposed within one year from the date of termination of the coercion. If personal freedom has been illegally restricted, it should be counted from the date of restoration, after this year, the right of revocation may be lost.

In advocating coercion, the evidence should be able to string together the whole process of "being forced", and scattered complaints are not enough. Can collect threat chat records, audio recordings, witness testimony, alarm records and receipt of receiving and handling police, and apply for personal safety protection orders if necessary; If freedom is restricted, the time and materials of the escape shall be kept. The premise of obtaining evidence is to ensure personal safety first, to be able to get out of the dangerous environment before talking about fixed evidence, and not to put yourself in danger in order to keep records. The sooner the mark is left, the better. It will be made up long after the threat is lifted. Often, only oral statements are left, which are difficult to be accepted.

The legal consequences of revocation are different from those of divorce: the marriage is not binding from the beginning after it is revoked. The property of both parties during cohabitation shall be handled according to the agreement. If the agreement fails, the court shall take care of the judgment of the non-fault party. The non-fault party may also claim damages. The scope usually includes the physical and mental damage caused by forced marriage and the reasonable expenses for relief, evidence collection and rights protection. Therefore, bills such bills should be kept. It is also important to know that the rights of children are not affected, that children born of annulled marriages have the same rights as children born in wedlock, and that maintenance, visitation and maintenance are dealt with as usual. Only when we think about these consequences in advance can we have a bottom when safeguarding our rights.