Marriage Registrations

Annulment Of Illegal Marriage

Author
Stephen Le

What is considered as an illegal marriage?

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:

  1. violation of age;
  2. violation of voluntariness;
  3. has no civil act capacity or
  4. violates the prohibited cases of marriage according to the law.

According to the law on marriage and family, an illegal marriage will be annulled.

What is an annulment of illegal marriage?

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.

Difference  between annulment and divorce?

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.

How to handle an annulment of illegal 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.

Who has the rights to request for it?

The following individuals, agencies and organizations have the right to request an annulment of illegal marriage:

  • Individuals who are forced into or deceived into marriage
  • Wife or husband of a married person who gets married to another person
  • Parent, child, guardian or other legal representative of the person who got married illegally
  • The state management agency of family
  • The state management agency of children
  • The Women’s Union

What are the legal consequences?

When an illegal marriage is annulled:

  • Both parties of such marriage must stop the relationship as husband and wife
  • The rights and obligations of fathers, mothers and children shall be settled according to divorce procedures
  • Property relations, obligations and contracts between the parties shall be settled according to the agreement between the parties (if any) or according to the provisions of civil law.

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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