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How to Follow the Process of Buying and Selling Marriage Cancellation

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How to Follow the Process of Buying and Selling Marriage Cancellation


        

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  • 2024-06-24 21:00:50

    First of all, since the marriage of buying and selling is revocable, the parties concerned can, according to the provisions of Article 11 of the Marriage Law, request the marriage registration administration organ or the people's court to revoke the marriage within one year from the date of marriage registration, or if the personal freedom is illegally restricted, they should request the said organ to revoke the marriage within one year from the date of restoration of personal freedom.
    1. Administrative procedures. That is, the marriage registration authority announces the dissolution of the marriage. The coerced party may apply to the marriage registration authority to revoke the marriage and issue the following supporting documents:
    (1) My ID card and marriage certificate;
    (2) Proof materials that can prove the coerced marriage. If the marriage registration authority considers that the coerced marriage is true after examination and does not involve child rearing, property or debt issues, it shall cancel the marriage and declare the marriage certificate invalid. If the party is not satisfied, it may file an administrative reconsideration or administrative lawsuit according to law.
    2. Proceedings. That is, the people's court will decide to revoke the marriage.
    (1) The coerced party may bring an action to the people's court to annul the marriage, and the people's court shall apply summary procedure or ordinary procedure in the trial of a case where the coerced party to the marriage requests to annul the marriage.
    (2) All actions for annulment of marriage shall be concluded by judgment rather than mediation. Because the validity of marriage can only be determined according to the objective facts, not the wishes of the parties. When the people's court makes a judgment on the dissolution of marriage, it shall deal with the children and property issues involved at the same time. The children and property issues can be dealt with either by mediation or by judgment.
    (3) If a party refuses to accept the first instance judgment on the dissolution of marriage, he may appeal to the people's court at the next higher level. If the people's court decides to annul the marriage according to law, it shall confiscate the marriage certificates of both parties and send the effective judgment to the local marriage registration administration organ.

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