Insights

Ningbo marriage registration information is wrong, does marriage still count

Ningbo Author：LuXu WANG

Only when I dug out the marriage certificate did I find that the ID number was wrong, or that I used someone else's account book. Whether such flaws will make marriage zero or not depends on whether the mistake is form or substance.

1. Registration Flaws and the Effectiveness of Marriage

first of all, we must distinguish two types of problems: one is procedural defects such as incorrect registration information and irregular materials; the other is that it does not meet the substantive requirements of marriage. The former usually does not affect the validity of the marriage and is dealt with through correction procedures; the latter may result in the invalidity or revocation of the marriage.

Form defect does not equal invalidity

problems such as wrong ID number, wrong name homophone and wrong photo posting are correctable defects and will not invalidate the established marriage relationship.

Statutory circumstances of 2. invalid marriage

the invalid situations explicitly listed in the law are: bigamy; kinship that prohibits marriage; and under the legal age of marriage. This is a closed enumeration, and the flaws in the registration process are not among them. If the marriage is invalid, it shall not be legally binding from the beginning.

After the disappearance of the situation no longer claim invalid

in the case of not reaching the legal age of marriage, after the parties have reached the legal age of marriage, the cause of invalidity disappears, and the marriage can no longer be declared invalid.

Statutory circumstances under which 3. may be revoked

if the marriage is married under duress, the coerced party may request revocation; if one party suffers from a serious illness and should truthfully inform before the marriage registration, the other party may request revocation. Both have a clear one-year exercise period and need to be initiated.

Term from a specific point in time

those who are coerced shall be counted from the date of termination of the coercive act, those who are illegally restricted from personal freedom shall be counted from the date of restoration of freedom, and those who are not truthfully informed of major diseases shall be counted from the date of knowledge or should have known.

How to correct 4. information errors

if it is found that the registration information is inconsistent with the actual situation, it may apply to the original marriage registration authority for correction and submit identity documents, household registration books and materials that can prove the true situation. If it is a mistake in the work of the registration authority, it is relatively simple to correct it; if the party concerned provides false materials, the handling will be more complicated. Marriage registration authorities in all districts of Ningbo can accept such correction applications. Before handling, it is suggested to make an appointment through Zhejiang Office APP "Zhejiang Marriage" and confirm the list of required materials by telephone.

Correct in time to avoid chain trouble

inconsistent information will repeatedly jam when handling real estate, settlement, entry and exit, etc. It is much more convenient to correct it as soon as possible after discovery than to wait until it is used to remedy it.

Handling of 5. impersonation registration

if the registration is handled by using another person's identity or false materials, it belongs to the situation that the party concerned has not made a true expression of marriage intention at all, and can request the cancellation of the registration through administrative procedures, and if necessary, it can be resolved through administrative litigation, which is different from the litigation path of civil marriage invalidation.

Correction does not affect the original effect

after the registration information is corrected, the establishment time of the marriage relationship is still subject to the original registration date and will not be changed due to the correction. This is related to the division of property before and after marriage and must be clarified.

Consequences of 6. deregistration

if the marriage registration is revoked by the administration, the effect is similar to that of the civil declaration of the nullification of the marriage. The two parties do not have the rights and obligations of the husband and wife from the beginning, and the property acquired during the cohabitation shall be handled according to the rules other than the common ownership. If children are involved, their rights shall not be affected, and upbringing and visitation shall still be handled in accordance with the provisions of the relationship between parents and children.

1. Children's rights are always protected

in any case, children born in wedlock enjoy the same rights as children born in wedlock, regardless of whether the marriage is annulled, annulled or registered.

2. Check the file before deciding the path

to obtain the registration files of the current year from the original marriage registration authority and check the application materials, signatures and photos is a key step in judging whether it is a mistake in filling in or a fake registration. File retrieval can usually be applied by oneself, and the cost is very low, but it can directly decide whether to go through administrative correction or administrative cancellation.

7. case proof

in practice, the parties found that there was an error in the ID number in the marriage registration, and applied to the original registration authority for correction and completed the amendment. The approximate time before and after was 1 month, and the validity of the marriage was not affected.

In practice, another case involved the use of false materials for registration under false names. The court decided that the registration should be canceled through administrative procedures. The procedure took about 10 months before and after, during which it cost about 3500 yuan to obtain files and handle notarization.

In practice, after obtaining the registration files, the parties found that the signature on the application materials was not signed by themselves, and accordingly claimed to cancel the registration through administrative procedures; the time limit for applying for administrative reconsideration was 60 days, and the time limit for filing an administrative lawsuit was 6 months.

8. Risk Alert

  • wrong information as a cause of marital invalidity.
  • Missing the one-year period for the exercise of the right of revocation.
  • Found that the information does not match the long-term does not apply for correction.
  • Select the wrong relief procedure for false registration.
  • A marriage under the mistaken belief that it is not old is never valid.

9. FAQ

does the wrong marriage count when the registration information is written?

Calculate. It is a correctable formal defect and does not affect the validity of the marriage.

In what cases is the marriage invalid?

There are three types of bigamy, kinship that prohibits marriage, and under the legal age of marriage.

How to correct the wrong information?

Apply to the original marriage registration authority and submit identity documents and materials that can prove the true situation.

What about being registered under false names?

The cancellation of the registration is requested through administrative procedures and, if necessary, administrative proceedings are instituted.

Will the marriage time change after correction?

It won't. The date of the original registration still prevails, which relates to the pre-marital and post-marital division of property.

What about children whose registration is canceled?

The rights of children are not affected and have the same rights as children born in wedlock.

Practical Experience of 10. Lawyers

looking out the marriage certificate and finding that the ID number is wrong, or that someone else's account book was used, the first thing is to distinguish which layer the problem is. Errors in filling in registration information, homophones in names, and wrong posting of photos are procedural flaws that can be resolved through correction procedures and will not invalidate the established marriage relationship; only circumstances that do not meet the substantive requirements of marriage may lead to invalid or revocable marriage. There are only a few cases of invalidity clearly listed by the law. The wrong registration is not among them. It is wrong to claim it as invalid marriage.

In terms of handling methods, if the information is incorrect, you can apply to the original marriage registration authority for correction. Bring your ID card, household registration book and materials that can prove the true situation. It is relatively simple for the registration authority to make mistakes in its work, and it will be troublesome to provide false materials at the beginning. some. The marriage registration authorities in all districts of Ningbo can accept such correction applications. Before going, they can make an appointment through the online platform and call to confirm the list of materials, so as not to run back and forth. If it was registered under the false name of another person or false materials at the beginning, the party concerned did not make a true intention to get married at all. Usually, it is necessary to go through administrative procedures to request cancellation of registration and, if necessary, to resolve it through administrative litigation. This is two different ways from the civil lawsuit of invalid marriage.

There is another point related to money, which must be made clear: after the registration information is corrected, the establishment time of the marriage relationship is still subject to the original registration date, and will not change due to the correction. This time point directly determines which property is counted before marriage and which is counted after marriage, which is a watershed that cannot be bypassed during division. Therefore, it is advisable to do it early if information is found to be wrong, and do not wait until it is repeatedly stuck when handling real estate, settling down and entering or leaving the country to remedy it. The operation idea is: first judge whether it is a formal defect or a substantive problem, whether to correct or cancel, and then sort out the correction time point and the property scope affected by it simultaneously, so as not to leave new disputes for oneself while going through the formalities.