CAN CANCEL MARRIAGE REGISTRATION?

Legal basis:

– Law on Marriage and Family 2014.

1. Regulations on marriage conditions

– Men are 20 years old or older, women are 18 years old or older;

– Marriage is decided voluntarily by men and women;

– Not losing civil act capacity;

– Getting married is not one of the things prohibited case get married later:

• Fake marriage, fake divorce;
• Child marriage, forced marriage, fraudulent marriage, obstruction of marriage;
• A married person who is married or living as husband and wife with another person or an unmarried person who is married or living as husband and wife with a married person;
• Marriage or living together as husband and wife between people of the same direct blood line; between people whose last name is within three generations; between adoptive parents and adopted children; between the person who was once a father, adoptive mother and adopted child, father-in-law and daughter-in-law, mother-in-law and son-in-law, stepfather and the wife’s stepchild, stepmother and the husband’s stepchild;

2. Cases of marriage annulment

Cancellation of marriage registration is the Court’s decision to declare a marriage invalid, even though both parties have completed marriage registration procedures at a competent state agency. According to regulations, marriage registration will only be canceled if it is an illegal marriage, specifically:

– Marriage is not decided voluntarily by men and women;

– Violations of the age of marriage;

– Loss of civil act capacity;

– The marriage falls into one of the cases where marriage is prohibited above;

If they do not fall into the above cases, men and women cannot cancel their marriage registration but need to divorce to end their marital relationship.

3. Process of canceling marriage registration

The general process to cancel marriage registration is as follows:

• Application for marriage annulment: The party requesting to cancel the marriage registration must submit an application to the district-level People’s Court where the marriage procedure was performed. The request must clearly state the reason and provide reasonable evidence.
• Court Decision: After receiving the petition to annul the marriage, the Court will conduct a trial to determine whether the marriage is legal or not. During this process, the Court will consider the evidence provided by the requesting party and related parties, and listen to the opinions of both spouses.

• If the Court determines that the marriage is not legal (for example, married when one of the parties is underage, or there is fraud in the marriage procedure), the Court will issue a decision declaring the marriage annulled.
• If there is enough evidence of involuntary marriage, the Court can declare the marriage invalid and annul the marriage.

4. Legal consequences of annulment of illegal marriage

When an illegal marriage is annulled, both parties to the marriage must end their relationship as husband and wife. The rights and obligations of father, mother, and children are resolved according to regulations on the rights and obligations of father, mother, and children upon divorce. This can lead to a number of legal consequences for the rights and obligations of spouses, including:

• Division of common assets: Assets created by husband and wife during their time together will have to be redistributed according to the provisions of law.
• Child custody: If there are children together, the Court will decide on child custody and child support responsibilities, with the purpose of protecting the children’s rights.

However, the above settlement must ensure the legal rights and interests of women and children; Housework and other work related to maintaining common life are considered paid labor.

In short, in some cases, cancellation of marriage registration is legal and possible if the marriage does not meet the legal conditions or if there are signs of fraud in the marriage procedure. The court will be the competent authority to decide to annul a marriage when there is sufficient evidence and legal basis. The process of canceling a marriage registration is a strict legal procedure and requires clear proof of the legality of the marriage. A clear understanding of these regulations will help protect the rights of related parties, while protecting the basic principles of marriage and family law.

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