Violation of Marriage Conditions is Unlawful Marriage
Violation of Marriage Conditions Constitutes Illegal Marriage
Clause 1 of Article 8 of the Law on Marriage and Family stipulates that a man and a woman getting married must adhere to the following conditions:
a) The man must be at least 20 years old, and the woman must be at least 18 years old;
b) The marriage must be decided voluntarily by both the man and the woman;
c) Neither party shall be deprived of civil act capacity;
d) The marriage must not fall under one of the prohibited marriage cases as prescribed in points a, b, c, and d of clause 2, Article 5 of this Law.
According to clause 6, Article 3 of the Law on Marriage and Family: An illegal marriage is when a man and a woman have registered their marriage at a competent state agency but one or both parties have violated the marriage conditions as stipulated in Article 8 of this Law.
Therefore, if your sister's marriage was not her voluntary decision but was forced, it is considered a violation of one of the permissible marriage conditions. Hence, your sister and your family should discuss this matter further.
How is an Illegal Marriage Addressed?
Article 11 of the Law on Marriage and Family 2014 provides for the handling of illegal marriages as follows:
The handling of illegal marriages is carried out by the Court in accordance with this Law and the laws on civil procedure.
In cases where, at the time the Court resolves the request to annul the illegal marriage, both parties have already met the marriage conditions as prescribed in Article 8 of this Law and both parties request the recognition of the marriage relationship, the Court will recognize the marriage relationship. In this case, the marriage relationship is established from the time both parties meet the marriage conditions as prescribed by this Law.
The Court's decision on annulling the illegal marriage or recognizing the marriage relationship must be sent to the agency that carried out the marriage registration to record it in the civil status register; both parties of the illegal marriage; individuals, agencies, and organizations involved as prescribed by the laws on civil procedure.
The Supreme People's Court shall preside over the coordination with the Supreme People's Procuracy and the Ministry of Justice to guide the implementation of this Article.
Sincerely!
