According to the Marriage Law, if a person is forced to marry, the party under coercion may apply to the marriage registration authority or the people s court to cancel the marriage. A coerced party s request to cancel the marriage shall be filed within one year from the date of marriage registration. A party who has been illegally restricted in personal liberty s request for the revocation of the marriage shall submit it within one year from the date of restoration of personal liberty. Coercion refers to the situation where the perpetrator threatens to cause damage to the life, physical health, reputation, property, etc. of the other party or his close relatives, forcing the other party to marry against his true will. If a marriage is withdrawn due to coercion, it can only be the party to the marriage relationship who is coerced. The one year here does not apply to the suspension, interruption or extension of the limitation period. If no request is made to cancel the marriage with in one year, the right to such request shall be extinguished permanently. The right of revocation of a marriage must be exercised in a legal manner, and the parties must not rescind themselves by expressing their will. Article 11 of China s Marriage Law stipulates that the right of revocation shall be requested to the marriage registration authority or the people s court to cancel the marriage. Therefore, the revocation of a marriage can take administrative or legal proceedings.
1. Administrative procedures. 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.
2. Litigation procedures. That is, the people s court decides to cancel the marriage. The parties to the coerced party may bring a lawsuit to cancel the marriage to the people s court. When the people s court hears a case in which the parties to the marriage request revocation of the marriage due to coercion, summary or ordinary procedures shall apply. Any lawsuit 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. The second is that when the people s court decides to withdraw the marriage, it should deal with the children and property issues involved. The children and property issues can be handled by mediation or judgment. If the parties refuse to accept the judgment of the first instance of revocation of the marriage, they may appeal to the people s court at the next higher level. If the p eople 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 parties to the above two procedures may choose one to apply. It should be noted that, if a marriage registration authority is requested to cancel a marriage under coercion, the marriage registration authority can announce the cancellation of the marriage only if it is able to produce proof of the marriage under coercion and it does not involve child support, property and debt issues.