According to China ’s Marriage Law, monogamy is practiced in China, so one woman is not allowed to marry two men. This will involve bigamy.
Big marriage refers to the illegal act of having a spouse and marrying another person, that is, a person has two or more marriage relationships at the same time. According to judicial practice experience, there are the following types of bigamy:
1. After registering a marriage with a spouse, registering a marriage with another person and remarrying. That is the big marriage of two legal marriages. Those who have a spouse are registered to marry others, some bigamy deceive the marriage registration authority to obtain a marriage certificate, and some bigamy people and staff of the registration authority colluded to cheat to obtain a marriage certificate.
3. Marriage is not registered with spouse and others, but has been remarried together with the spouse and others in the name of husband and wife.
4. They live together as husband and wife without registering with the original spouse, and then remarry after registering marriage with others. This is the first legal marriage.
5. There is no spouse, but knowing that the other party has a spouse, they are registered to marry or remarried in the name of a couple. From this we can see that bigamy is linked to de facto marriage to a certain extent.
Both men and women want to be legal couples through free love, and must comply with the relevant provisions of the law. So, what are the conditions for marriage? According to the relevant provisions of the Marriage Law, the positive conditions for marriage between men and women include the following three points:
The Marriage Law stipulates that Marriage must be completely voluntary by both men and women, and neither party shall be forced or interfered by any third party. This is a concrete manifestation of the principle of freedom of marriage on the issue of marriage . The completely voluntary requirements of both men and women refer to: voluntary consent of both men and women, not wishful thinking; voluntary consent of men and women, not the consent of their parents or third parties; fully voluntary consent of men and women, rather than reluctant consent.
The legal age of marriage refers to the minimum age allowed for marriage as stipulated by law. The Marriage Law stipulates that the age of marriage must not be earlier than the age of 22, and the age of the woman must not be earlier than 20. After both parties have reached the legal age of marriage, they have the right to decide whether and when to marry. Compared with the compulsory early marriage system in ancient China, the current marriage law in our country implements the allowable marriage system that advocates late marriage.
According to the principle of monogamy, the parties applying for marriage need the original spouse, and they can only be unmarried or widowed or divorced. Violations of monogamy do not have the legal effect of marriage.