Voidable marriages and void marriages
1. Revocable MarriageA revocable marriage refers to a marriage that has already been established, and because there is a defect in the expression of intent to enter into a contracted marriage, the person who enjoys the right of revocation in accordance with the law may request the relevant authorities to annul the marriage. There are two types of legal grounds for voiding a marriage: one is the marriage under duress;The second is to conceal that he has a serious illness before the marriage is registered. The right to claim a voidable marriage is based on defects in the expression of intent, which can be manifested in two ways: first, the marriage is made under duress;The second is to conceal that he has a serious illness before the marriage is registered. The so-called "coercion" refers to situations in which natural persons and their close relatives are threatened to cause damage to their personal rights, property rights, or other lawful rights and interests, or to cause damage to the reputation, honor, or property rights and interests of legal persons or unincorporated organizations, to force them to express their intention to marry based on fear. According to the provisions of the Civil Code, if the marriage is entered into under duress, the coerced party may apply to the people's court for annulment of the marriage. If one party suffers from a major illness, the other party shall be truthfully informed before the marriage is registered;If the other party does not tell the truth, the other party may request the people's court to annul the marriage. Where a request is made for annulment of a marriage, an application shall be made to the people's court for annulment within one year from the date on which the parties who knew or should have known the reasons for the annulment, and within 90 days from the date on which the parties with a major misunderstanding knew or should have known the reasons for the annulment.
2. Invalid MarriageInvalid marriage refers to an illegal marriage between a man and a woman that does not have legal effect because it violates the substantive requirements of marriage prescribed by law. There are three types of legal grounds for invalid marriage: first, bigamy;There is a family relationship that prohibits marriage;Those who have not reached the legal age for marriage. According to the provisions of the Civil Code, bigamy, relatives who are prohibited from marrying, and those who have not reached the legal age for marriage shall be deemed to be invalid marriages. Where the circumstances of invalidity or lack of effectiveness provided for in the preceding paragraph disappear, it shall be found to be valid. An invalid or annulled marriage is not legally binding from the beginning, and the parties do not have the rights and obligations of husband and wife. Property acquired during the period of cohabitation shall be disposed of by agreement of the parties;If an agreement is not reached, the people's court shall make a judgment on the basis of the principle of taking care of the innocent party. The disposition of property in an invalid marriage resulting from bigamy must not infringe upon the property rights and interests of the parties to a lawful marriage. The provisions of this Law on parents and children shall apply to children born to the parties. If the marriage is invalid or annulled, the innocent party has the right to claim damages.