Ningbo was married under false names, how to cancel the marriage registration.- Zhiheng Law Firm

What if one day, when you go to the civil affairs bureau to register your marriage, you are told that you are already married—but to a complete stranger? Or what if you discover that someone has used your ID card and household registration book to fraudulently register a marriage in your name? This kind of “forced marriage” is shocking, but it does happen. To begin with the conclusion:If someone marries under a false name, it can be revoked, but it is not divorce or "marriage is invalid", but to overturn the marriage registration itself through administrative channels.The impostor usually has three relief paths: one is to request the original marriage registration authority (civil affairs department) to cancel; the other is to apply for administrative reconsideration or file an administrative lawsuit; the third is the civil litigation path, but it is only applicable to coercion, concealment of major diseases, Bigamy and other specific situations. Each of the three paths has its own thresholds and time constraints; choose the wrong direction, and you’ll easily find yourself running back and forth.

What does 1. mean by "being impersonated/falsely married"

The so-called "marriage under a false name" refers to the fraudulent use of identity information by others. Without my knowledge, presence, or intention to get married, the marriage registration authority has made a marriage registration with myself as one of the parties. There are three typical scenarios: First, identity theft during registration—when your ID card or household registration book is lost or obtained by another party, and that person registers with a third party using your identity. Second, impersonation—when a relative or acquaintance who closely resembles you uses your documents to appear in person and complete the registration. Third, other registrations not reflecting your true intent, such as when one party fails to appear in person, another person acts on their behalf, or the signature is forged.

The common feature of this type of registration is that there is no meaningful agreement between the impersonated person and the "spouse" on the register, and they have never even met. In simple terms,The marriage "did not exist" at the civil level and was a registration error at the administrative level.

It is fundamentally different from the two "revocable marriages. First, there is “marriage entered under duress”: Article 1,052 of the Civil Code provides that where a marriage has been entered into under duress, the party subjected to duress may petition the court to have the marriage annulled; such a petition must be filed within one year from the date on which the duress ceased. In such cases, the person subjected to duress was present and made (an involuntary) declaration of intent, but the issue lies in the suppression of their will. Second, “concealment of a serious disease”: Article 1,053 of the Civil Code stipulates that if one party suffers from a serious disease, they shall truthfully disclose it to the other party prior to marriage registration. Failure to do so entitles the other party to petition the court for annulment, provided that such petition is filed within one year from the date on which they knew or ought to have known of the grounds for annulment.

It is crucial to distinguish the three:What is lacking in "being impersonated" is the authenticity of identity and the expression of meaning, which is illegal in the registration act itself; what is lacking in "coerced" and "concealed disease" is the soundness and informed basis of the expression of meaning, which is a flaw in civil relations.The former opponent is the marriage registration authority, the latter opponent is a spouse. If you go in the wrong direction, all your subsequent efforts will yield only half the results.

What to do first when 2. find a problem

No matter which path is chosen, the first thing is fixed evidence. The accepting authority is not assessing “how you feel”; it is determining whether the person who appeared in person at the time of registration is indeed you.

Transfer of marriage registration files. You may visit the registration authority to inspect and make copies of the original records, including the “Declaration for Marriage Registration,” the “Marriage Registration Review and Processing Form,” registration photographs, and photocopies of identification documents. The signatures, photographs, and identification information contained therein constitute the primary evidence for determining whether the applicant is indeed the person in question.
Do handwriting, fingerprint identification. If the signature is clearly not yours, you may apply for a handwriting examination; if there are fingerprints on the file, you may apply for fingerprint comparison. The forensic conclusion is the most compelling evidence for refuting the claim that “the individual was present.”
Prepare identification. Your own identity card and household registration book, as well as any documents that can prove “the impersonator is not me”; if the impersonator used a non-existent identity or a canceled household registration, you may request the public security organ to issue a household registration inquiry certificate or a certificate of cancellation (re-registration/misregistration).
Call the police and keep the report materials. Impersonating another person during registration may constitute the forgery or alteration of identity documents, and even fraud; statements and supporting documentation issued by public security organs serve as crucial evidence for subsequent cancellation of the registration and for court judgments.
Keep communication records. All communications—applications to and responses from the civil affairs department, as well as any exchanges with the impersonator or the “spouse”—should be documented in writing.

The evidence always revolves around one question:Whether the person present at the time of registration is you or not.

3. relief path one: request the marriage registration authority to cancel

The most convenient way is to apply directly to the original marriage registration authority (civil affairs department) for cancellation. For a long time in the past, registration authorities were only able to annul marriage registrations obtained under duress, and consistently refused to accept applications involving fraud or impersonation. Under the new regulations, the situation has undergone a substantial change.

The newly amended Marriage Registration Ordinance, which came into force on 10 May 2025, is based on the Civil Code. Article 12 stipulates: In cases of marriage entered into under duress, the party subjected to duress may, pursuant to Article 1,052 of the Civil Code, petition the court to annul the marriage; if one party suffers from a serious illness and fails to disclose this fact truthfully, the other party may, pursuant to Article 1,053, petition the court to annul the marriage.

More importantly, the supporting "Regulations on Marriage Registration" (implemented from May 10, 2025) has added a special chapter on "Cancellation of Marriage Registration" (Articles 71 to 76), which will bring the civil affairs department's "self-correction" authority and procedures to the operational level:

The procedure is clear. The annulment of a marriage registration shall be processed according to the procedure of “review, notification, decision, service, and filing.”
The conditions of admissibility are clear. The registration authority required shall be the original authority that handled the registration, within its jurisdiction, and which possesses relevant evidentiary materials such as factual findings, statements of circumstances, judicial recommendations, and procuratorial recommendations issued by public security, judicial, and other departments.
Initiation ex officio. Upon receipt of the aforementioned factual findings, the original handling authority shall, in accordance with law, initiate the revocation procedure, conducting a review based on system data, historical records, and evidence submitted by the parties concerned. Where the requirements are met, the decision to revoke shall be made after approval by the competent civil affairs department and served on the party and any interested parties; where the whereabouts of a party are unknown or they cannot be located, service may be effected by public notice.

When applying for cancellation, it is recommended to submit: my ID card, a written "Application for Cancellation of Marriage Registration", a copy of the marriage registration file or marriage certificate, and evidence to prove that I am not present (handwriting identification, report materials, public security certificate, etc.). If the civil affairs department refuses to accept the application or to revoke the relevant decision on the grounds of insufficient evidence, do not stop there; promptly initiate administrative reconsideration or file an administrative lawsuit. At the same time, you may request the public security organs and the procuratorial organs to intervene, so that they can issue supporting documentation or submit prosecutorial recommendations. Specifically in Ningbo, you may submit your application to the marriage registration office of the civil affairs bureau in each district (county or city) (see the practical tips at the end of this document).

4. Relief Path II: Administrative Reconsideration/Administrative Litigation

If the marriage registration authority refuses to cancel or delays in replying, the second way is administrative reconsideration and administrative litigation. The core logic is:Marriage registration is an administrative confirmation act made by the administrative organ. If it is made on the basis of false materials and when the person is not present, it is an illegal administrative act with wrong facts and insufficient main evidence, and should be revoked.

The legal basis is divided into several layers. Article 70 of the Administrative Litigation Law provides that where an administrative act is based on insufficient primary evidence, misapplies the law, violates statutory procedures, exceeds its authority, abuses its authority, or is manifestly inappropriate, the people’s court shall render a judgment to revoke or partially revoke the act. Where the circumstances constitute a substantial and manifest illegality as stipulated in Article 75, and the plaintiff applies for a declaration of invalidity, the court shall render a judgment confirming the invalidity. Article 76 further provides that the court may, at the same time, order the defendant to take remedial measures. Article 17 of the Judicial Interpretation (I) on Marriage and Family also clearly states: If a party initiates a civil lawsuit claiming that there are defects in the marriage registration procedure and seeks to have the registration revoked, they shall be informed that they may apply for administrative reconsideration or file an administrative lawsuit in accordance with the law.

The view of the Supreme Court is also clear. The Administrative Adjudication Division of the Supreme People’s Court, in its “Reply Concerning Issues Relating to Plaintiff Qualification and Judgment Methods in Administrative Cases Involving Marriage Registration,” has stated: Where neither party nor one of the parties to a marriage relationship personally appears at the marriage registration authority to register the marriage, and it cannot be proven that the registration reflects the true intentions of both parties, if either party brings a lawsuit challenging the registration, the people’s court shall, in accordance with the law, revoke the registration. In cases where someone registers marriage by impersonating another, certain judicial precedents (such as the case of Shang v. Rudong County Civil Affairs Bureau concerning administrative marriage registration) hold that such registrations lack a foundation in civil legal relationships and involve a manifestly erroneous registration subject, thereby constituting “a serious and obvious violation of the law” and may be declared an invalid administrative act; when the court declares the act invalid, it may also order the civil affairs authority to take remedial measures.

However, administrative litigation is not a "win-win". The case involving Yan Moumou and the Jianyang City Marriage Registration Service Center is highly illustrative: In 2009, Yan Moumou registered his marriage with “Gan Mouxiu”; after the marriage, the woman left home and her whereabouts became unknown. In 2019, the household registration used by “Gan Mouxiu” was canceled on the grounds of “eliminating duplicate population records.” Consequently, Yan Moumou filed a lawsuit seeking to have the marriage registration revoked. The court, upon review, found that the two identities used were, in fact, those of the same person with a duplicate household registration. The identity card and household registration book submitted at the time of registration contained consistent information, and the registration authority had fulfilled its duty of due diligence in conducting the review. Furthermore, the case materials do not demonstrate that the applicant was subjected to coercion or that the application did not reflect their true intent. Accordingly, the court dismissed the plaintiff’s claim.The revelation is that if it can be proved that "the same person is important and I am really present", it cannot constitute an impersonation. On the contrary, it is only when it can be proved that "I am not present and I do not mean it" that there is a solid basis for revocation.The outcome of the administrative path depends on the fact-finding. Furthermore, the “Guiding Opinions on Properly Handling Cases of Marriage Registration Obtained Through Impersonation or Fraud” issued by the Supreme People’s Court, the Supreme People’s Procuratorate, and two other ministries (Document No. 109 [2021] of the Supreme People’s Procuratorate) stipulates that if the person whose identity has been impersonated misses the statutory period for filing a lawsuit due to reasons beyond their control, the period of delay shall not be counted within the limitation period; moreover, the person whose identity has been misused has a legitimate interest in the registration act and thus possesses standing to sue.

5. Relief Path III: Civil Litigation

The third way is civil litigation, but there are strict applicable boundaries, only valid for specific circumstances.

The first category is "annulment of marriage lawsuit", which is applicable to two situations of coercion and concealment of major diseases. The case of Shao Mouquan v. Zhang Mouran and Zhang Mouwei concerning the annulment of marriage serves as a pertinent example: Zhang Mouran had been diagnosed with schizophrenia and hospitalized prior to marriage, and her condition has relapsed since then. The court held that, pursuant to Articles 8 and 38 of the Maternal and Infant Health Care Law, “certain mental illnesses,” including schizophrenia, constitute a serious disease that must be disclosed under Article 1,053 of the Civil Code. As the defendant failed to prove that they had truthfully disclosed this fact before marriage, and the plaintiff filed suit within one year of registration—thus within the statutory limitation period—the court ruled to annul the marriage registration dated April 17, 2023, and ordered the defendant to return 70% of the betrothal gifts.The basis of the right of claim for such litigation is article 1053 of the Civil Code, and the time limit is "one year from the date when the cause of revocation is known or should be known", which is a period of exclusion, and the right of revocation is lost after the expiration of the time limit.

The second category is the "lawsuit of nullity of marriage", which is applicable to the three situations of bigamy, kinship that prohibits marriage, and underage of marriage as stipulated in Article 1051 of the Civil Code. The case of the marital invalidity dispute between Zhang and Zhao is a typical example of how an impersonated party sought redress by invoking “bigamy”: The plaintiff Zhang’s sister, Zhang Zhenyin, fraudulently used Zhang’s identity information to register her marriage with Zhao, thereby causing the already married Zhang to appear, on paper, as having committed bigamy. Pursuant to Article 1051, the court rendered a judgment declaring the marriage between Zhang and Zhao invalid.The revelation is that when the false registration objectively causes the appearance of bigamy, the "marriage nullity lawsuit" is a civil litigation channel that can be taken.

It must be emphasized, however, that civil proceedings and requests for cancellation of registration purely on the grounds of "fraudulent use of identity by others" are often blocked by the courts. Article 17 of the Judicial Interpretation (I) on Marriage and Family clearly states: If a party requests confirmation of the invalidity of a marriage on grounds other than the three types of invalid marriages stipulated in Article 1,051 of the Civil Code, the people’s court shall dismiss the claim; if the party seeks to annul the marriage registration on the ground of procedural defects, they shall be informed to apply for administrative reconsideration or file an administrative lawsuit.In other words, civil litigation can solve the problem of "marriage relationship" (invalid, revocable), but it can not solve the right or wrong of the "registration act" itself-the latter depends on the administrative path.

How to choose the 6. three paths?

The three roads are not parallel, but each has its own focus and can be used in combination.

Look at efficiency and cost. Where the facts are clear and the evidence is solid, the preferred course of action is to apply for revocation with the original marriage registration authority, as this procedure is the fastest and least costly; only if the application is rejected or the matter is passed off should one proceed to administrative reconsideration or administrative litigation. Before filing a lawsuit, you may also request the public security authorities to issue supporting documentation and the procuratorial organs to issue a prosecutorial recommendation, thereby paving the way for administrative revocation.
See if the conditions are there. Where there is coercion or concealment of a serious illness, the proper course is a civil action to annul the marriage; where impersonation creates the appearance of bigamy, a civil action to declare the marriage invalid may be pursued; and in cases of mere impersonation—where the person did not appear in person—the appropriate avenue is an administrative proceeding seeking to revoke the registration or to have the registration declared unlawful or invalid.
Look at the time. A lawsuit for annulment of marriage is subject to a strict one-year statute of limitations; once the deadline passes, no remedy is available. Administrative litigation generally has a six-month period for filing a suit, but time lost by the person whose identity was misused through no fault of their own is not counted against that period. In contrast, administrative revocation proceedings and the involvement of public security and procuratorial organs typically do not carry such short statutory deadlines.

The most common combination in practice is"First administration, then litigation, then prosecution": First apply to the civil affairs department for cancellation; If it fails, an administrative lawsuit will be filed, asking the court to find that the registration is illegal and order it to be revoked, or to confirm it is invalid and order it to delete the wrong information. If the court fails to revoke for some reason, it may also apply to the procuratorial organ for supervision, which will issue procuratorial recommendations after investigation and verification to urge the civil affairs department to revoke it.

Legal consequences after the revocation of the 7.

Once the marriage registration is revoked or invalid according to law, it will produce a series of "back to the origin" effect.

Effect of Marriage. A marriage that has been annulled has no legal effect from the outset (Article 1054 of the Civil Code), and the parties do not have the rights and obligations of spouses; where a marriage registered under a false identity is declared invalid, the marital relationship is deemed never to have existed from the beginning.
Property handling. Property acquired during cohabitation shall be disposed of by agreement between the parties; if no agreement is reached, the court shall make a judgment in accordance with the principle of protecting the faultless party. In cases involving betrothal gifts, the court will, in practice, consider factors such as fault, duration of cohabitation, and dowry, and order their return on a case-by-case basis.
Children. The provisions of the Civil Code regarding parents and children shall apply to the children born to the parties, and such application shall not be affected by the annulment of the parents’ marriage; the parents remain obligated to support and educate their children.
Record correction and credit. After the revocation decision takes effect or a copy of the court judgment is received, the registration authority shall make a note in the marriage registration management information system and upload it to the national marriage basic information database. It should be noted that the system does "remarks" and does not delete the original registration information. For ordinary families, the obstacle of "being married" is removed, and marriage registration can be handled normally; for impostors, their information will be included in the list of seriously dishonest parties in the field of marriage registration, and they will be punished jointly. Those who constitute a crime will be investigated for criminal responsibility according to law.

8. Prevention tips

It is better to prevent problems than to remedy them afterward.

Keep your identification documents safe. The ID card and residence booklet are not easily borrowed and photographed, and the photocopy should indicate the purpose; the loss of the certificate should be reported immediately and reissued.
Monitor your own marriage registration status. Before handling loans, buying a house, going abroad, remarrying, etc., you can take the initiative to check your marriage registration records at the marriage registration agency to find problems as early as possible; in practice, imposters are often relatives and acquaintances who are similar in appearance, and their certificates are handed over to others to take care of or act as agents. Be especially vigilant.
Take immediate action upon detecting an anomaly. As soon as you suspect identity theft, report it to the police immediately, request a review of your records, and preserve evidence; the sooner you act, the easier it will be to secure the evidence.

9. Frequently Asked Questions

1. If someone has fraudulently married in your name, can you go directly to the Civil Affairs Bureau to get a divorce?

No, and it shouldn’t. The premise of divorce is that "the marriage relationship is real", and the impersonator in the impersonation register and the "spouse" in the register have never met each other, and marriage does not exist at the civil level. The correct course of action is to annul the marriage registration, rather than to divorce.

2. Will a marriage registration conducted under false pretenses definitely be annulled?

Not necessarily. The key lies in whether it can be proven that “the person was not present in person and did not express their intent personally.” If it is verified that the impersonator and the person whose identity was impersonated are in fact the same individual (e.g., in cases of duplicate household registration), the registration may be deemed to have been conducted appropriately.

3. After being married under someone else’s name for many years, only to discover it later—has the statute of limitations already expired?

It doesn’t necessarily exceed the deadline. The guiding opinions of the two high and two departments are clear. If the impostor delays the prosecution period due to his own reasons, the delayed time shall not be included in the prosecution period (the longest shall not exceed the time limit stipulated in the second paragraph of Article 46 of the administrative procedure law). Even after detection, action should still be taken as soon as possible.

4. What should be done if the civil affairs department refuses to revoke the decision?

can apply for administrative reconsideration or bring an administrative lawsuit, and request to cancel the illegal registration or confirm its invalidity; meanwhile, it can ask the public security organ to issue certification materials, or apply to the procuratorial organ for supervision, and the procuratorial organ will issue procuratorial suggestions to urge the civil affairs department to cancel.

5. What is the difference between an action to annul a marriage and an action to declare a marriage invalid?

The lawsuit of annulment of marriage should be filed by the party concerned in person within one year of denunciation; the lawsuit of annulment of marriage should be filed by bigamy, the kinship of forbidden marriage, under the legal age of marriage, if the impersonated person forms the appearance of bigamy, the marriage can be confirmed invalid.

6. After a marriage is annulled or declared invalid, what happens to the betrothal gifts and property?

The property acquired during cohabitation shall be dealt with by agreement between both parties first, and if the agreement fails, the court shall take care of the judgment of the innocent party; the bride price is usually returned according to the degree of fault, common living conditions, dowry and so on; the innocent party can also claim damages according to law.

10. Practical Insights from a Lawyer

When someone is fraudulently married in another’s name, many victims’ first instinct is to file for divorce or seek an annulment in court—yet this approach is fundamentally misguided from the outset. The crux of such issues lies in the registration act itself, which must be overturned through administrative channels rather than by dissolving a marriage that never existed in the first place. The first thing after discovery is to stop loss and fix the evidence: go to the marriage registration authority as soon as possible to obtain and copy the registration files of the current year, and check your identity information, signature, photos and fingerprints; At the same time, report to the public security organ that the identity has been fraudulently used and keep the record of the case or inquiry. If the signature or photograph on the registration documents clearly does not belong to you, promptly apply for a handwriting or facial recognition comparison to establish beyond doubt that the application was not submitted by you; this will serve as the foundation for all subsequent procedures.

Among the three relief paths, the lowest cost is to apply to the original registration authority for cancellation in writing, submit the identification certificate, comparison materials and the explanation of the situation that you have never handled the registration, and be sure to keep the acceptance receipt. If the agency delays or replies not to revoke, do not wait repeatedly in place, and initiate administrative reconsideration or administrative litigation within the statutory time limit. Such procedures are very sensitive to the statute of limitations and are difficult to remedy once missed. Civil litigation is only applicable under specific circumstances such as coercion, concealment of major diseases, bigamy, etc. False registration is generally not included. This road is often rejected by the ruling, which consumes time and effort in vain.

revocation is just to clear the marriage registration, and the problems that may be involved during the impersonation period should be dealt with together: the debts, credit records, household transfer, and the so-called joint property of husband and wife that may be claimed by others need to be corrected or defended item by item on the basis that the registration has been revoked and I have never been married. In daily prevention, ID cards and household registration books are not lent out, and the photocopies indicate the purpose; before important nodes such as house purchase, loan, and re-registration, you can actively inquire about your marriage registration status. Early detection creates room for early intervention.

Being married under someone else’s name may seem like an unsolvable problem, but in reality, there are three possible avenues to pursue: The first step is to request the original marriage registration authority to cancel according to the new regulations; the second step is to apply for administrative reconsideration or bring an administrative lawsuit after being rejected, and ask the court to cancel the illegal registration or confirm the invalidity; the third step is to rely on the power of civil litigation (lawsuit of cancellation of marriage, lawsuit of invalid marriage) and public security and procuratorial organs according to the circumstances. Which way to choose depends on the facts and evidences: those who can prove that "they are not present and do not mean by themselves" will mainly take the administrative path; those who involve coercion and conceal major diseases will take the action of annulment of marriage; those who form the appearance of bigamy under false pretenses will take the action of annulment of marriage. Evidence should be secured as early as possible, and legal proceedings should be initiated promptly; do not easily give up when encountering obstacles.