Customer Cases
Is it legal to obtain a marriage certificate before reaching the age for marriage
Time:2025-09-01 Views:741
1
A marriage certificate obtained before reaching the age for marriage may become legal. According to Article 10 of the Interpretation of the Supreme People's Court on the Application of the Marriage and Family Part of the Civil Code of the People's Republic of China (1), if a party requests the court to confirm the invalidity of the marriage in accordance with Article 1051 of the Civil Code, and the statutory invalidity of the marriage has already disappeared at the time of filing a lawsuit, the court will not support it. That is to say, if both parties reach the legal age for marriage after obtaining the marriage certificate, the marriage certificate is valid.
II
Marriage registration requires the registration of a marriage certificate, and both men and women must register together at the marriage registration authority in the place where one party's permanent household registration is located. Both men and women who apply for marriage registration must meet the conditions for marriage. After verifying the relevant documents of both parties, the marriage registration authority will handle the marriage registration procedures and issue a marriage certificate.
III
How can errors in marriage certificate registration be resolved in several ways:
1. Administrative relief
Registration of marriage is an administrative confirmation act, and invalid marriages caused by lax registration review should naturally be corrected and revoked by the registration authority itself. Fanneng Law Firm reminds that under this relief channel, administrative litigation should be treated as a post procedure for administrative self correction. That is, when the victim is unwilling to revoke the marriage registration by the administrative authority, they can file an administrative lawsuit with the court to request the revocation of the marriage registration. Based on the review of relevant registration materials, the court can make a judgment to revoke the registration to achieve the unity of law and facts.
2. Civil litigation remedies
The injured party may file a civil lawsuit with the court, requesting confirmation of the invalidity of the marriage or revocation of the "fraudulent" marriage. After accepting the case, the court should review the invalidity situation and confirm it. If the marriage certificate is obtained on behalf of the victim, it should be revoked according to the victim's will; Those who falsely apply for marriage certificates should be confirmed as invalid and the administrative authority should be notified to revoke the registration; For those who cheat in marriage, the marriage shall be deemed invalid. Sichuan Faneng Law Firm is dedicated to serving you.