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Invalid Marriage

  • Time:2019-01-18
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Foreign marriage lawyers answer: can I apply to confirm the validity of a marriage?

Consultation: A foreigner is claiming to be married to the Prince of Saudi Arabia, can she apply to the court to confirm it is invalid or valid?

Analysis: In addition to setting up revocable marriage provisions, Chinese marriage law also outlines what invalid marriage is. According to Article 10 of the marriage laws, if one party participates in bigamy (entering a marriage while still married to another person), the relationship is prohibited from having a marriage status. Another example is if one party is not of legal age, the marriage is invalid from the beginning. According to the court’s interpretation of laws, not only can the married party apply, but also other interested parties can, usually referring to other family members of the married party. Under the circumstances of bigamy, a grass roots organization may also apply to validate the marriage.

It is important to be aware that the validity of a marriage under the law will not change regardless of applicant. Even if the applicant wants to withdraw after it has been prosecuted, it will still be invalid under the court if that is what they determined according to the law. Additionally, if the married parties apply for divorce after the marriage is declared invalid, the court will refuse to accept the divorce application. If a man deceives a woman into marriage, that is not in compliance with any of the provision stated in Article 10 of the marriage laws. Therefore, if the woman applies to confirm the marriage relationship, the court cannot deem the marriage valid.

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