LEGAL CONSEQUENCES OF ANNULMENT OF ILLEGAL MARRIAGE
The basis of marriage is the willingness between the parties based on principles of respect and adherence to legal conditions. However, for various objective or subjective reasons, in reality, there still exists a situation of illegal marriage leading to the annulment of this marriage. In the previous article, TNTP mentioned cases of illegal marriage and the right to request the annulment of illegal marriage. In this article, TNTP will analyze the legal consequences of annulment of an illegal marriage.
1. Personal relations
The State does not recognize the marital relationship between husband and wife if their marriage is illegal. According to the provisions of Article 12 of the 2014 Law on Marriage and Family, when the Court resolves the annulment of illegal marriages, they must address resolve personal relations as follows:
– Marital relationship: When the Court decides to annul the illegal marriage. The marital relationship between the two parties is terminated. In this case, there are no rights or obligations between the husband and wife.
However, the personal relationships between the parties in marriage are closely linked to emotional bonds and spiritual benefits. Therefore, there are many cases where, even after the court’s decision, they still maintain their emotional connection and care for each other.
– Relationship between parents and children: According to the law, the relationship between parents and children is not dependent on the marital relationship between husband and wife. It means that regardless of whether there is a marital relationship between the husband and wife, their personal relationship with their children always exists. Therefore, the annulment of an illegal marriage does not lead to the termination of the relationship between parents and children. For this reason, to ensure the legitimate rights and interests of the children, when the Court resolves the annulment of an illegal marriage, they also address issues concerning shared children, as in the case of divorce between husband and wife.
2. Property relations, obligations and contracts
According to the provisions of Article 12 of the 2014 Law on Marriage and Family, he relationships concerning property, obligations, and contracts between men and women cohabiting as husband and wife without marriage registration. Accordingly, property relations, obligations, and contracts between the parties shall be settled according to Article 16 of the 2014 Law on Marriage and Family.
The Court will prioritize respecting agreements between the parties regarding property, obligations, and contracts. In the event that there is no agreement, the Court will resolve the matter in pursuance of the Civil Code and other relevant laws. In this situation, if the parties have a dispute over property, each spouse needs to provide evidence to prove their separate property or prove their contributions to common property.
Note: Legal regulation stipulates that the settlement of property relations between spouses upon the annulment of an illegal marriage must ensure the lawful rights and interests of women and children.
Above is our legal sharing on the “Legal consequences of annulment of illegal marriage”. Hope this article is helpful to you.
Sincerely,
TNTP & ASSOCIATES INTERNATIONAL LAW FIRM
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