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What are the consequences of false divorce

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What are the consequences of false divorce


        

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  • 2024-06-25 05:00:57

    Although the false divorce fulfills the divorce procedure, it lacks the conditions for divorce. Therefore, the effect of false divorce should be distinguished between the following two situations:
    1. If none of the parties to a false divorce marries a third person, the divorce may be declared invalid.
    The current Marriage Law and Marriage Registration Regulations are designed to guarantee the freedom of marriage to the maximum extent.
    Respecting the personal freedom and privacy of the parties, the punishment for false divorce has been canceled in administrative procedures, and the marriage registration authority no longer exercises the right to revoke false divorce registration.
    Therefore, the false divorce handled by the marriage registration authority can not obtain the relief of marriage relationship, and the resulting consequences should be borne by the parties.
    2. If one or both parties to a false divorce have married a third person, their remarriage shall be recognized as valid
    At this time, the right of the parties to the false divorce to request the invalidation of the false divorce is extinguished, and the original false divorce determination has legal effect.
    In practice, once the husband and wife go through divorce registration, the marriage relationship has been dissolved. There is no fake divorce in law. Once the divorce registration is handled, it is a real divorce.
    At this time, if one party changed his mind during the fake divorce, the other party could not prove the validity of the marriage by raising a defense with false intention at that time.

    I***

    2024-06-25 05:00:57

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