What procedures need to go through to cancel the marriage

That is, the marriage registration authority announced the cancellation of the marriage. A party under coercion may apply to the marriage registration authority to cancel the marriage and issue the following certification materials:

If the marriage registration authority considers that the marriage under duress is true and does not involve child support, property and debt issues, it shall revoke the marriage and declare the marriage certificate invalid. If the parties disagree, they may file an administrative review or administrative lawsuit.

1 (1) The parties to the coerced party may bring a lawsuit to cancel the marriage to the people s court. The people s court shall apply summary or ordinary procedures when trying to cancel the marriage due to coercion.

(2) All litigations requesting the revocation of a marriage shall be concluded by judgment rather than mediation. Because to determine the effectiveness of marriage, it can only be determined according to objective facts and not according to the wishes of the parties. When the people s court decides to dissolve the marriage, it should deal with the children and property issues involved. The child and property issues can be handled by either mediation or judgment.

(3) If the parties disagree with the judgment of the first trial of the cancellation of the marriage, they may appeal to the people s court at the next higher level. If the people s court decides to cancel the marriage in accordance with the law, the marriage certificate of both parties shall be collected and the effective judgment shall be sent to the local marriage registration management authority.

The so-called coercion refers to illegally threatening to cause harm to others or directly inflicting harm on others. It is someone who fears or gets married because of harm. There are two types of coercion:

(1) Unlawfully threatens to cause harm to others and causes fear to someone. The damage that will happen can be related to life, body, property, reputation, freedom, health, etc., and there is no legal basis. At the same time, the damage must be severe enough to scare the coerced person. For example, to threaten not to marry the other person and burn them, and force the other person to marry them.

(2) Directly commit wrongdoing against others, cause damage to someone, and force that person to get married. Such direct damage can be direct damage to the flesh, such as kidnapping the other party, or direct damage to the spirit, such as slandering the other party.

When the parties are threatened to marry, their behavior of entering into a marriage relationship is not based on their true intentions. This violates the provisions of the Marriage Law on freedom of marriage and marriage must be completely voluntary by both men and women. The right of revocation of marriage allows the coerced party to choose whether to marry the other party according to their wishes.

Because of the nature of the right of revocation, there is a legal exclusion period. According to Article 11 of the Marriage Law, a request by a party under coercion to revoke a marriage shall be filed within one year from the date of marriage registration. It was filed within one year from the date on which no revocation request was made after that time limit, and the marriage was deemed valid.

Leave a Reply

Your email address will not be published. Required fields are marked *