Who has the right to request an annulment of an illegal marriage?

1. The concept of illegal marriage

When getting married, the parties must meet the conditions prescribed by law. If there are no prohibited cases, the marriage will be considered legal. That is, when the marriage conditions are complied with, the new marriage has legal validity, between the parties arose and a proper husband and wife relationship exists. Thereby, it can be understood that an illegal marriage is when a man and woman establish a husband and wife relationship with marriage registration but violate the conditions for marriage prescribed by law, specifically violations of age, intention of marriage. on civil act capacity, violating the marriage ban cases prescribed by law. Pursuant to Clause 6, Article 3 of the Law on Marriage and Family 2014 stipulates:

Article 3. Interpretation of terms

In this Rule, the following terms are construed as follows:

6. Illegal marriage means a man and a woman have registered their marriage at a competent state agency but one or both the party violates the marriage conditions as prescribed in Article 8 of this Law.

2. The person who has the right to request the annulment of an illegal marriage

Firstly, a person who is forced into marriage or deceived into marriage has the right to personally request the Court to annul the illegal marriage because the marriage violates the voluntary conditions.

Second, if the marriage is underage, the civil act capacity is lost, or the marriage is prohibited, the following individuals, agencies and organizations have the authority to request the Court to annul the illegal marriage: law:

– Wife or husband of a married person who marries another person; father, mother, child, guardian or other legal representative of the person who got married illegally.

– State management agencies in charge of the family: specifically, the People’s Committees at all levels perform the state management of family affairs in their localities (Article 3 of Decree 02/2013/ND-CP Regulations on public affairs). family work)

– State management agencies in charge of children: specifically, People’s Committees at all levels shall perform the state management of children according to their competence (Clause 1, Article 90 of the Law on Children 2016).

– Women’s Union.

Third, other individuals, agencies and organizations, when detecting illegal marriages, have the right to request the above-mentioned agencies and organizations to request the Court to cancel the illegal marriages.

3. Competence to handle illegal marriage

Article 11 of the Law on Marriage and Family 2014 stipulates that the competence to handle illegal marriages shall be exercised by the Court in accordance with the provisions of this Law and the civil procedure law. Comparing point g, Clause 2, Article 39 of the Civil Procedure Code 2015 stipulates:

Article 39. Jurisdiction of the Court by territory

2. The jurisdiction of the Court to settle civil matters by territory is determined as follows:

g) The court where the illegal marriage registration is made has the jurisdiction to settle the request for annulment of the illegal marriage;

Thus, the People’s Court of the district where the illegal marriage is registered will be the competent authority to resolve the marriage annulment.

In case there is a foreign element, the marriage annulment procedure will be carried out at the People’s Court of the province. Except for the area adjacent to the Vietnamese border, the jurisdiction will belong to the district court.

For example: A Vietnamese citizen who illegally marries a Lao citizen living in a bordering commune, when there is a request for an annulment of the marriage, the jurisdiction to settle the marriage is still that of the district court, even if there is a foreign element. outside.

4. Dossiers, order and procedures for requesting an annulment of illegal marriage

4.1. Profile composition

To make a request to cancel an illegal marriage, you need to prepare documents including:

First, the application for annulment of the illegal marriage. This application must ensure the contents as prescribed in Clause 2, Article 362 of the Civil Procedure Code 2015, specifically:

Article 362. Application for Court to settle civil matters

2. The petition must contain the following main contents:

a) Application day, month, year;

b) Name of the Court having jurisdiction to settle civil matters;

c) Name, address; phone number, fax, email address (if any) of the requester;

d) Specific issues to be resolved by the Court and the reasons, purposes and grounds for requesting the Court to settle such civil matters;</ span>

d) Names and addresses of persons involved in the settlement of that civil matter (if any);

e) Other information that the requester deems necessary for the processing of his request.

Second, the original Marriage Certificate.

Third, a copy of the identity card; citizenship of the couple.

Fourth, the documents, evidence, proving the violation of the marriage conditions.

4.2. Order and procedures for making an illegal marriage annulment request

Step 1: Submit the application at the competent authority as analyzed above

Step 2: Receive and process the application

– After receiving all valid documents, the Court will notify about the payment of fees for requesting civil matter settlement.

– The petitioner shall return to the Court the receipt of the fee for the settlement of the civil matter and the Court shall accept the settlement of the request for annulment of the illegal marriage.

5. Fees

According to the provisions of Resolution 326/2016/UBTVQH, the fee for handling an illegal marriage annulment request is 300,000 VND.

Above is the advice of Law Khoa Tin on the issue: “Who has the authority to request an illegal marriage cancellation.”

In case customers have unclear issues or need to discuss further, please contact us at phone number 0983 533 005 for a free consultation.

Best regards./.