News
Under what circumstances will marriage be prohibited
Time:2025-08-28 Views:1913
1
Marriage will be prohibited in the following situations:
1. Those who have not reached the legal age for marriage;
2. Not voluntarily agreed upon by both parties;
3. If one or both parties already have other spouses;
4. Belonging to direct blood relatives or collateral blood relatives within three generations.
Article 6 of the Marriage Registration Regulations
If the parties involved in marriage registration have any of the following circumstances, the marriage registration authority shall not register:
（1） Those who have not reached the legal age for marriage;
（2） Not voluntarily agreed upon by both parties;
（3） One or both parties already have spouses;
（4） Belonging to direct blood relatives or collateral blood relatives within three generations;
（5） Suffering from diseases that are medically considered unsuitable for marriage.
II
Fanneng Law Firm reminds you that getting married under prohibited circumstances is an invalid marriage. Children born from an invalid marriage are not legitimate children. According to Chinese law, invalid marriages have no legal binding force from the beginning, and the parties involved do not have the rights and obligations of husband and wife. But for children born to the parties involved, the provisions of the law regarding parents and children shall apply.
Article 1054 of the Civil Code
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. The property handling of invalid marriages caused by bigamy shall not infringe upon the property rights and interests of the parties to a lawful marriage. The provisions of this law regarding parents and children shall apply to the children born to the parties concerned.
If the marriage is invalid or revoked, the innocent party has the right to request compensation for damages.
III
If the parties involved have not reached the legal age of marriage when applying for marriage registration, and have not yet reached the legal age of marriage when applying for a replacement, the marriage registration authority shall not issue a marriage certificate. If the parties involved have not reached the legal age of marriage when applying for marriage registration, and have already reached the legal age of marriage when applying for a replacement, the parties should provide a written explanation of the marriage registration situation; The registration date of the marriage certificate reissued by the marriage registration authority should be the date when the parties reach the legal age for marriage. Sichuan Faneng Law Firm is dedicated to serving you.