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What are the forms of illegal marriage
Time:2025-08-28 Views:594
1
Illegal marriages exist in the following forms:
1. Arranged and bought and sold marriages. It is an invalid marriage that violates the principle of marital autonomy.
2. Early marriage. An invalid marriage where both or one of the parties has not reached the legal age for marriage.
3. Bigamy. It is an invalid marriage where both or one party violates the principle of monogamy.
4. Bloodline marriage. It is an invalid marriage where both parties have a blood relationship that is prohibited by law from marrying.
5. Marriage due to illness. It is an invalid marriage in which both or one of the male and female parties suffer from a legally prohibited disease and have not been cured.
6. Unregistered marriage. It is an invalid marriage where both the man and the woman meet the conditions for marriage but have not registered for marriage, which violates the marriage procedure.
II
The legal consequences of invalid and revocable marriages are as follows:
1. In terms of personal relationships. The parties involved do not have the rights and obligations between husband and wife, but the relevant provisions of the Civil Code on parent-child relationships shall apply to the children born to them.
2. In terms of property division. During the cohabitation period, the property shall be handled by the parties themselves through agreement. 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 acquired by the parties during cohabitation shall be treated as joint property and shall not infringe upon the property rights and interests of the parties to a lawful marriage. The parties to a lawful marriage shall be allowed to participate in litigation to safeguard their lawful rights and interests.
Fanneng Law Firm reminds you that Article 1054 of the Civil Code states 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.
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.
III
The legal requirements for marriage registration are as follows:
1. It must be completely voluntary by both men and women;
2. Must reach the legal age for marriage;
3. Must comply with the monogamous system;
4. There is no legal prohibition against marriage between one or both parties.
Article 1046 of the Civil Code stipulates that marriage shall be entered into voluntarily by both parties, and it is prohibited for either party to coerce the other or for any organization or individual to interfere.
Article 1047: The age of marriage shall not be earlier than 22 for males and 20 for females.
Article 1048: Marriage is prohibited for direct blood relatives or collateral blood relatives within three generations.
Article 1049: Both the man and the woman who request marriage shall personally apply for marriage registration at the marriage registration office. Those who comply with the provisions of this law shall be registered and issued a marriage certificate. Completing marriage registration establishes the marital relationship. Those who have not registered their marriage should apply for registration again. Sichuan Faneng Law Firm is dedicated to serving you.