What is a valid marriage, an invalid marriage, a valid marriage and an invalid marriage?

From 65438 to 0992, rural professionals were introduced to Shen, who worked in the county. Later, because Shen's unit wanted to divide the house, he went through the marriage registration formalities in a hurry on 1 27th, 1994. Zhang Hong's birth date recorded in the marriage certificate is1September, 973 13, which was forged by Zhang Hong asking others for help. The actual date of birth should be1September 97413rd. After registration, the two parties did not live together or buy the same property. Later, I felt that Shen and I didn't have the same language, and the two sides were incompatible and difficult to get along with, so I filed a divorce lawsuit with the court.

Question: Will the court divorce them?

Zhang Hong was born on1September 3, 974. When the two parties registered for marriage, Zhang was under 20 years old, which violated the provisions of the Marriage Law on the legal registration age. Therefore, the marriage relationship is invalid and not protected by law.

So, what is an invalid marriage? The so-called invalid marriage refers to an illegal union that has no legal effect of marriage and lacks the essential elements of marriage establishment. China's current marriage law stipulates: "Marriage is invalid under any of the following circumstances: (1) bigamy; (2) Having a kinship that prohibits marriage; (three) suffering from diseases that are medically unsuitable for marriage before marriage, and are not cured after marriage; (four) under the legal age of marriage. "

The so-called bigamy refers to the behavior that a person with a spouse marries others, or marries others knowing that he has a spouse, that is, someone marries others after marriage, before the death of his spouse or before divorce according to law. At this time, regardless of whether the other party in the second marriage relationship is married or not, the second marriage relationship is bigamy and invalid marriage.

There is a kinship that prohibits marriage, which means that the married men and women are direct blood relatives or collateral blood relatives within three generations, because natural science and long-term human practice have proved that marriage between men and women with a kinship that prohibits marriage will affect the health of the nation and violate people's marriage ethics. Therefore, the marriage law stipulates that it is forbidden to marry lineal blood relatives and collateral blood relatives within three generations. Even if they get married in some way, their marriage is invalid.

In order to protect national health and improve the quality of the population, the Marriage Law prohibits people with diseases that are medically considered unsuitable for marriage from getting married. However, the Marriage Law does not declare all marriages that have gone through the marriage registration procedures according to law, although marriages with diseases that are medically unsuitable for marriage before marriage are treated differently. In other words, a marriage concluded by a person who suffers from a disease that is medically unsuitable for marriage before marriage and has not recovered after marriage is an invalid marriage; A marriage concluded by a person who suffers from a medical illness before marriage and is cured after marriage is legal and valid and does not belong to an invalid marriage. Because people whose diseases have been cured, their original situation of prohibiting marriage does not exist, and their original diseases will no longer have adverse effects on their spouses and descendants, therefore, their marriage relationship should not be declared invalid.

A marriage under the legal age for marriage refers to a marriage in which both parties or one party fails to reach the minimum age for marriage stipulated in the Marriage Law. Specifically, it is a marriage in which men are under 22 years old and women are under 20 years old. Getting married before the legal age will not only affect the physical, psychological and social life of the parties concerned, but also be detrimental to the development of family planning work in China. Therefore, China's current marriage law stipulates that marriages under the legal age of marriage are invalid.

In this case, Zhang Hong was under 20 years old, which violated the provisions of the Marriage Law on the legal age of registration. Therefore, the marriage relationship is invalid and not protected by law. The court can't find the plaintiff divorced from the defendant Shen, but should find their marriage relationship invalid.