Which cases of illegal marriage are still recognized? Men and women when getting; married must meet the conditions in the Law on Marriage and Family. Otherwise, they will not be recognized as legal spouses. However, is there any case where an illegal marriage is; still recognized as husband and wife? Let us learn about this topic with LSX law firm as follow:
What is an illegal marriage? Which cases are included?
What is an illegal marriage? Is it in Cases of not being able to registering marriage in Vietnam? According to the provisions of Clause 2, Article 5 of the Law on Marriage and Family; the following cases are prohibited by law:
– Fake marriage.
– Child marriage, coercion, deception, obstruction of marriage.
– A person who married or cohabiting with another person as husband and wife.
– People who married in the following relationships: Same bloodline, family name within three generations, adoptive parents and adopted children; father-in-law with daughter-in-law, mother-in-law with son-in-law, stepfather with step-son of wife, stepmother with step-son of husband…
– Claiming wealth in marriage.
At the same time, regarding the conditions for marriage; Article 8 of the Law on Marriage and Family clearly states that the condition is that; the male must be full 20 years of age or older, and the female must be full 18 years of age or older; men and women voluntarily marry each other; both parties do not lose their civil act capacity…
Therefore, if the cases violate the above provisions or fall into the cases; where marriage is; prohibited, it will be considered as an unmarried marriage.
In particular, Clause 2, Article 8 of the Law on Marriage and Family affirms:
The state does not recognize marriage between people of the same sex.
Thus, in the following cases, the marriage will be; considered illegal: Marrying in violation of age; voluntariness of both parties; between people who have lost their civil act capacity; prohibited and between people of the same sex.
Which cases of illegal marriage are still recognized?
Pursuant to the above provisions; the recognition of husband and wife relationship upon illegal marriage is in Clause 2; Article 11 of the Law on Marriage and Family as follows:
In case at the time the Court settles the request for annulment of the illegal marriage; both parties to the marriage have fully met the conditions for marriage as prescribed in Article 8 of this Law; and both parties request to recognize the marital relationship, the Court shall recognize that marriage relationship. In this case, the marriage relationship is; established from the time; when the parties fully meet the conditions for marriage in accordance with this Law.
Thus, it can be seen that, when the Court settles a request for annulment of an illegal marriage; if a man or a woman fully meets the following conditions, the Court will still recognize such marriage relationship:
- Both parties to the marriage have fully met the conditions for marriage as prescribed.
- The two parties to the marriage request the Court to recognize the marriage relationship.
As follows:
Marriage in violation of age
According to Point a, Clause 1, Article 8 of the Law on Marriage and Family; the age requirements for men and women to register their marriage are:
Male from full 20 years old, female from full 18 years old
In particular, the determination of “sufficient” is based on the day, month and year of birth. For example, if a woman was born on January 10, 1997; on January 10, 2015, she will be counted as full 18 years old.
Thus, if a man or a woman gets married when the age requirements are not met; it is; determined to be an illegal marriage; and at the time when the Court deals with the annulment of illegal marriage; and the man and woman are of full age and jointly request the Court to recognize the marriage relationship; this man and woman will still be recognized as the lawful husband and wife.
Cheating, forcing… getting married
In this case, Point d.2 Clause d Article 2 of Resolution 02/2000/NQ-HDTP provides guidance after being; coerced; deception or coercion that the coerced, deceived, or coerced party knows; understands and continues to live in harmony, shall not annul this illegal marriage.
Therefore, in this case, even if the marriage is illegal; the marriage relationship will not be; annulled and will still be; recognized as a legal husband and wife if the above conditions are met.
Marrying a person who has lost his/her civil act capacity
According to Clause 1, Article 22 of the Civil Code; when there are no more grounds to declare that a person has lost his/her civil act capacity, upon receiving the request; the Court will issue a decision to cancel the declaration of loss of civil act capacity. NS.
Thus, in this case, if the person who has lost his/her civil act capacity is; issued a decision by the Court; to annul the decision declaring the loss of civil act capacity; he/she will satisfy the marriage conditions in the Marriage Law and The family should still be; recognized as husband and wife when meeting the conditions for marriage.
In short, when a man and a woman violate the conditions for marriage in terms of age; voluntariness and with incapacitated people for civil acts; at the time the Court resolves to annul the illegal marriage if satisfying marriage conditions can still be; recognized as husband and wife.
If you concern about What is a fake divorce? What are the consequences of fake divorce?, please read this article.
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Related questions
In fact, sham marriage is still procedurally guaranteed. However, the purpose of the marriage is not guaranteed; the marriage and legal procedures are only a formality on paper; but the two people do not live together or quickly divorce after achieving the goal.
The United States Citizenship and Immigration Services (USCIS) is very strict with fake marriages; which can be punishable with a prison sentence of up to 10 years and a fine of up to $250,000 in fines. For US citizens, a fake marriage carries a sentence of 10 years in prison and a fine of up to $250,000. For foreign nationals; fake marriages will result in deportation from the US; a $250,000 fine and a permanent ban from entry.
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