Customer Cases
Can a second level intellectual disability get married
Time:2025-09-01 Views:1277
1
Second level intellectual disability can lead to marriage.
From a legal perspective, if individuals with intellectual disabilities at level 2 possess the corresponding capacity for civil conduct, that is, they can understand and express the intention of marriage, and can bear the legal consequences of marriage, then they are likely to get married.
2. People with intellectual disabilities at level 2 also need to meet other legal conditions for marriage, such as reaching the legal age for marriage, neither spouse, and no blood relationship that prohibits marriage.
3. Before getting married, the other party should be aware that the other party is a person with a second level intellectual disability and limited capacity for civil conduct, and have sufficient knowledge and preparation for this.
II
Fake marriage refers to the act of getting married for some non real marriage purpose.
From a legal perspective, regardless of the motives of both parties, as long as they jointly go to the civil affairs department for marriage registration, they are considered a legal couple.
2. It should be clarified that fake marriage itself does not have legal effect. Even if both parties reach some kind of agreement or convention, these agreements or conventions cannot counteract a third party acting in good faith.
(1) Fake marriage for the purpose of purchasing a house, divorce after purchasing the house, and agree that the house and loan belong to one party. However, if that party passes away, the remaining unpaid loan still needs to be repaid by their "fake marriage" wife.
(2) Even if both parties have divorced or have a 'fake marriage agreement', they cannot confront creditors.
Therefore, regarding the legal effect of fake marriage, we should clarify that it does not have legal effect. At the same time, we should also be vigilant about the potential risks and legal issues brought about by fake marriages, and avoid unnecessary disputes and losses as a result.
III
Marriage between cousins is invalid under Chinese law.
According to the Civil Code of China, marriage is prohibited for direct blood relatives or collateral blood relatives within three generations. Cousins belong to the scope of collateral blood relatives within three generations, therefore their marriage is invalid.
Even if both parties have completed the marriage registration procedures, the marriage does not comply with the legal provisions due to the existence of a prohibited family relationship. Once discovered or objected to, the marriage will be deemed invalid.
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