The invalid marriage has the following circumstances:
First, bigamy. Bigamy refers to the illegal act of a person with a spouse who has registered marriage with another person. Among them, the person with spouse has registered marriage with others, which constitutes bigamy in law; Although not registered for marriage, living together with others in the name of husband and wife constitutes de facto bigamy. Both legal bigamy and de facto bigamy are invalid.
Second, there are relatives who are prohibited from marriage. Relatives prohibited from marriage refer to direct relatives by blood and collateral relatives by blood within three generations. Collateral relatives within three generations refer to relatives by blood other than direct relatives of the same grandparent and maternal grandparent. Marriage is prohibited regardless of the same generation. The marriage of collateral relatives within three generations is mainly the marriage of cousins.
Third, those who have not reached the legal age of marriage. Those who have not reached the legal age for marriage refer to those who have not reached the minimum age for marriage as prescribed by law at the time of marriage. China's marriage law stipulates that men shall not be older than 22 years old and women shall not be older than 20 years old.
An invalid marriage is not legally binding from the beginning, and the parties have no rights and obligations of husband and wife. The property acquired during the period of cohabitation shall be disposed of by the parties through agreement; If the agreement fails, the people's court shall make a judgment in accordance with the principle of caring for the innocent party. The property disposal of invalid marriage caused by bigamy shall not infringe upon the property rights and interests of the parties to the lawful marriage. The provisions concerning parents and children shall apply to the children born to the parties concerned. If the marriage is invalid or dissolved, the innocent party has the right to claim damages.
[Legal Basis]
In Article 1051 of the Civil Code, marriage shall be invalid under any of the following circumstances:
（1） Bigamy;
（2） Having kinship prohibited from marriage;
（3） Under the legal age of marriage.
