Since fraudulent marriage is the nature of legal marriage, it can only be handled through divorce within the framework of the current marriage law and its judicial interpretation.
 Article 32 of the Marriage Law stipulates the conditions for the people's court to approve the divorce of the parties, that is, if the relationship between husband and wife has really broken down, the divorce can be approved only after mediation is invalid. It can be seen from Article 32 of the Marriage Law that the criterion of emotional breakdown is the only criterion for granting divorce. In the case of cheating marriage, the cheater has no feelings with the cheated person for the purpose of cheating money, and there is no emotional breakdown at all.
 How to apply the law if the fraudulent person requests to return the property. According to Article 3 of the Marriage Law, it is prohibited to ask for property through marriage. Interpretation of the Supreme People's Court on Several Issues Concerning the Application of the Marriage Law of the People's Republic of China
 （2） Article 10 stipulates the return of customary betrothal gifts under the following circumstances:
 1. Both parties have not gone through marriage registration procedures;
 2. Both parties have gone through marriage procedures but do not live together;
 3. Giving money before marriage and causing difficulties for the payer. However, the first two items of fraudulent marriage are already a fait accompli. If the deceived person cannot provide evidence for "his/her life is difficult due to payment", the claim for property return will not be supported. This is obviously unfair.
 In a word, it is against common sense to determine the nature of the fraudulent marriage within the framework of the current marriage law and its judicial interpretation; When dealing with disputes caused by fraudulent marriage, it is difficult to apply the most appropriate provisions, and the results will be unfair.