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Is the marriage of a person under the legal age of marriage always invalid
Time:2025-09-01 Views:1552
Marriage where one or both parties have not reached the legal age for marriage is a violation of the Marriage Law and is therefore invalid. However, as age increases, past illegal activities are gradually disappearing. When both parties reach the legal age for marriage, the reason for the invalidity of the marriage should be considered eliminated. But both parties need to go to the marriage registration office to obtain a marriage certificate after reaching the age of marriage, only in this way can the marriage be considered completely legal.
Marriage is invalid under any of the following circumstances:
1. Bigamy;
2. Those who have not reached the legal age for marriage;
3. If there is a family relationship that prohibits marriage, that is, consanguineous marriage;
4. Those who suffer from diseases that are medically considered unsuitable for marriage before marriage and have not been cured after marriage.
The people's court shall not apply mediation in the trial of cases declaring a marriage invalid, and shall make a judgment in accordance with the law on the validity of the marriage. Once the judgment on the validity of the marriage is made, it shall take effect immediately. If it involves property division and child custody, mediation can be carried out. If the judgment on property division and child custody is not satisfied, an appeal can be made.
Li was only 19 years old when she got married. She deceived the marriage registration authority with her changed ID card and registered her marriage. In the fifth year after marriage (when Li was 24 years old), due to a strained relationship with her husband, she requested a divorce, but her husband did not agree. So, she thought of suing for divorce in court, but since she had not reached the legal marriage age when she got married, she wanted to know if she was applying for invalidation of the marriage or divorce in this situation?
Article 10 of China's Marriage Law stipulates the circumstances in which a marriage is invalid, including those under the legal age of marriage. It can be seen that marriages that have not reached the legal age for marriage are considered invalid marriages under Chinese law. However, according to Article 8 of the Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law (I), "If a party applies to the people's court to declare a marriage invalid in accordance with Article 10 of the Marriage Law, and the statutory invalidity of the marriage has already disappeared at the time of the application, the people's court shall not support it." This means that a marriage that is invalid due to the party's failure to reach the statutory age of marriage after a period of time has passed, and when the party reaches the statutory age of marriage as stipulated in the Marriage Law, it becomes a valid marriage in law. Li was already 24 years old when she requested divorce, exceeding the statutory age of marriage of 20, so her marriage is valid and she can file a lawsuit for divorce with the court.
The above is the relevant content collected by the editor of Fanneng Law Firm on whether the marriage of a person under the legal age of marriage is always invalid. From the above content, we can know that legally, according to the provisions of China's Marriage Law, if both parties have not reached the legal age of marriage, or one party has not reached the age of marriage, the marriage is invalid. If you still have any questions about the above content, you can consult a lawyer from Fanneng Law Firm online. Sichuan Faneng Law Firm is dedicated to serving you.