Original title: there is such a secret behind the annulment of marriage after 18 years of marriage
18 years of marriage
They also have a child
As a result, the court found the marriage invalid
They turned out to be cousins
Lichuan City Court concluded a divorce case of cousin's close relative marriage and ruled the marriage invalid according to law. The plaintiff claimed that the plaintiff and the defendant were close relatives within three generations. The mother of the plaintiff and the defendant is a sibling.
The plaintiff and defendant lived together on September 9, 1998 and gave birth to a child on September 14, 2000. Due to personality incompatibility, the plaintiff filed a lawsuit to Lichuan Municipal Court on August 8, 2016 for cohabitation property and child rearing disputes. When the court session was held on February 13, 2017, the defendant took out the marriage certificates of both parties, and the plaintiff realized that the defendant had unilaterally applied for marriage certificate, so he applied to Lichuan municipal court for withdrawal of the lawsuit and filed another application for invalidation of marriage.
Lichuan City Court found that the plaintiff and the defendant were cousins and collateral blood relatives within three generations, which was the situation that marriage was prohibited by law. Although both parties received the marriage certificate, their marriage relationship was invalid.
The plaintiff's claim is supported by Lichuan municipal court. As for the division of property mentioned by the plaintiff, a separate document will be prepared to deal with it. In accordance with the provisions of Article 7 (1) and Article 10 (2) of the marriage law of the people's Republic of China and Articles 3 and 4 of the interpretation of the Supreme People's Court on the application of certain issues (2), the plaintiff's and defendant's marriage is judged to be invalid.
In the case of invalid marriage, according to Article 12 of the marriage law, an invalid or cancelled marriage is invalid from the beginning. The parties do not have the rights and obligations of husband and wife & hellip; & hellip; the provisions of this Law concerning parents and children shall apply to the children born to the parties. That is to say, although the plaintiff and the defendant do not have the rights and obligations of husband and wife, they still have the legal obligations of raising and supporting their children.
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Yao Fei of Hubei Wuluo law firm believes that:
The plaintiff and the defendant are cousins, collateral blood relatives within three generations, which are prohibited from marriage by law. Their marriage relationship is one of the legally invalid situations, and the parties do not have the rights and obligations of husband and wife from the beginning.
According to Article 10 of the marriage law of the people's Republic of China, a marriage shall be null and void under any of the following circumstances: (1) bigamy; (2) kinship prohibited from marriage; (3) premarital diseases that are medically considered unfit for marriage and have not been cured after marriage; (4) under the legal age of marriage. '
The invalidity of marriage will lead to the invalidity of marriage from the beginning, absolutely and of course. The relevant provisions of the marriage law concerning parents and children shall apply to the children born to the parties to the cohabitation relationship.
The division of common property after the dissolution of cohabitation should be dealt with in different situations. If it belongs to personal property, it should be recognized as personal property. The income and property acquired by both parties during the period of cohabitation shall be treated as common property. Unless there is evidence to prove that it is owned by one of the parties. The common property of cohabitation should be dealt with by the parties by agreement first; if the agreement fails, the people's court shall make a judgment according to the principle of taking care of the innocent party.