The legal circumstances under which a marriage can be annulled are those under duress, and the annulment cannot be sought in other circumstances. According to Article 11 of China's Marriage Law, where a marriage is coerced, the coerced party may request the marriage registration authority or the people's court to cancel the marriage. The Civil Affairs Bureau staff will review the request for approval, and if it is confirmed that the request is genuine, the marriage registration will be revoked.
1. Marriage certificate cancellation procedure within 1 month
The legal circumstances under which a marriage can be annulled are marriage under duress, and only the party under duress can petition the marriage registration authority or the people's court for annulment of the marriage, and other circumstances cannot request annulment of marriage.
According to the relevant laws and regulations of China, the coerced party can request the marriage registration authority or the people's court to cancel the marriage. The staff of the civil affairs office will review the applicant's request for approval, and if it is confirmed that the request is genuine, the marriage registration will be revoked.
Note on annulment of marriage
(1) If the marriage is revoked more than one year after obtaining the license, even if it is a coerced marriage, it can only be dissolved in accordance with the divorce procedure.
(2) The annulled marriage shall be null and void from the beginning. In other words, a marriage under duress is not a valid marriage and is not included in an individual's marital history.
3, the application for cancellation of marriage requires the parties to provide personal identity cards, marriage certificates and proof of coerced marriage materials.
(4) The marriage registration authority can only cancel a coerced marriage that does not involve child support, property and debt issues. If the marriage involves issues of child support, property and debt, an application for cancellation can only be filed with the people's court, and the marriage registration authority has no right to deal with it.
5. After the marriage is confirmed to be invalid or revoked, the rights and obligations between parents and children shall not be affected by the annulment or cancellation of the marriage. A child conceived in an annulled marriage whose parents were legally spouses at the time of birth shall be regarded as a child born in wedlock; The rights and obligations of the children conceived or born in an annulled or annulled marriage and their parents shall not be affected by the annulment or annulment of the marriage between their parents.