Illegal marriage means a man and a woman’s marriage already registered at a competent state agency in which either or both of them violate(s) the marriage conditions. In particular, it violates one of these conditions:
According to the law on marriage and family, an illegal marriage will be annulled.
In layman terms an annulment means to make something no longer exist or to be invalid. Thus, it can be understood that the annulment of an illegal marriage is a sanctioning measure when a court considers a marriage to have never existed and makes the illegal marriage invalid.
While both annulment and divorce put an end to marriages, they differ. In a divorce, both parties acknowledge that a valid marriage exists, but that conflicts arise and now one or both parties want to terminate the marriage. In contrast, when a couple asks for an annulment, they claim that there is some reason the marriage should never have existed and they want to avoid the entire marriage.
The Court is entitled to consider and issue decisions on annulment of illegal marriages upon request. However, in case at the time that the Court settles a request for annulment of an illegal marriage, both partners fully satisfy the marriage conditions according to the law and request recognition of their marriage relation, the Court shall recognize that relation. In such circumstances, the marriage relation shall be established from the time both partners fully satisfy the marriage conditions.
The Court’s decision annulling an illegal marriage or recognizing a marriage relation shall be sent to the agency having registered that marriage for recording in the civil status register.
The following individuals, agencies and organizations have the right to request an annulment of illegal marriage:
When an illegal marriage is annulled:
From a legal standpoint, majority of annulment process can be fairly complicated and if you don’t fully understand your rights in the process, it is best to turn to an experienced family law attorney to learn about your legal options further.
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Le & Tran Building – Headquarters: Area No. 284 (Bld 9), Nguyen Trong Tuyen Street, Ward 10, Phu Nhuan District, Ho Chi Minh City
Saigon Tower – City Center Office: Unit 8, Level 16, 29 Le Duan Blvd, Ben Nghe Ward, District 1, Ho Chi Minh City, Vietnam
Daeha Business Center – Ha Noi Office: No.1606, 16th Floor, 360 Kim Ma Street, Ba Dinh District, Hanoi City