The latest Civil Code of the People's Republic of China (Marriage and Family Code) has the following situations regarding the invalidity of marriage: 1. bigamy; 2. Family relationships that prohibit marriage; 3. Not reaching the legal age for marriage.
1、 Revocable marriage
1. Article 1052 of the Civil Code of the People's Republic of China (Marriage and Family Code): If a marriage is forced, the coerced party may request the revocation of the marriage from the people's court.
A request for revocation of marriage shall be made within one year from the date of termination of the coercive act.
If a party whose personal freedom has been illegally restricted requests the revocation of their marriage, they shall submit it within one year from the date of restoration of personal freedom.
2. Article 1053: If one party suffers from a serious illness, they shall truthfully inform the other party before marriage registration; If the information is not truthfully disclosed, the other party may request the revocation of the marriage from the people's court.
A request for revocation of marriage shall be made within one year from the date of knowing or should have known the reasons for revocation.
2、 The legal effect of invalid or revoked marriage
1. 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.
2. The property acquired during cohabitation shall be handled by agreement between the parties. 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.
3. 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.
4. The provisions of this law regarding parents and children shall apply to the children born to the parties concerned.
5. If the marriage is invalid or revoked, the innocent party has the right to request compensation for damages.