1
Not being old enough to register for marriage.
Marriage before the age of marriage is considered an invalid marriage, and both parties do not enjoy the legal rights and obligations between husband and wife; Fanneng Law Firm reminds you that regarding property and child custody issues, both parties can reach a consensus through negotiation; If the negotiation fails, a lawsuit can be filed with the court regarding issues such as property division, child custody, and child support.
According to Article 1051 of the Civil Code, which came into effect on January 1, 2021, a marriage is invalid under any of the following circumstances:
(1) Bigamy;
(2) Family relationships that prohibit marriage;
(3) Not yet of legal marriage age.
Article 1054, Paragraphs 1 and 2 stipulate that invalid or revoked marriages have no legal binding force from the beginning, and the parties involved do not have the rights and obligations of husband and wife.
The property acquired during cohabitation shall be handled by agreement between the parties involved; If the agreement cannot be reached, the people's court shall make a judgment based on the principle of taking care of the innocent party.
II
The conditions required for marriage are:
Both men and women are completely voluntary. Article 1046 of the Civil Code stipulates that marriage should be fully voluntary for both men and women, and it is prohibited for either party to force the other or for any organization or individual to interfere.
2. Reaching the legal age for marriage. The legal age for marriage refers to the minimum age allowed by law for marriage. Article 1047 of the Civil Code stipulates that the age of marriage shall not be earlier than 22 years for males and 20 years for females.
3. Adhere to the principle of monogamy. Article 1041 of the Civil Code stipulates that marriage and family are protected by the state. Implement a marriage system of freedom of marriage, monogamy, and gender equality.
III
The procedure for getting married is as follows:
1. Both parties apply for marriage registration together at the marriage registration authority in the place where one party's permanent household registration is located;
2. Submit corresponding documents and materials;
3. The marriage registration authority shall review and inquire;
4. Those who meet the conditions will be registered and issued a marriage certificate; Those who do not meet the requirements will not be registered and reasons will be explained.
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