Legal basis: Article 105 1 of the Civil Code of People's Republic of China (PRC) * * * A marriage is invalid under any of the following circumstances: (1) bigamy;
(2) Having a family relationship that prohibits marriage;
(three) did not reach the legal age for marriage. Article 1079
If one of the spouses requests a divorce, the relevant organizations may mediate or directly file a divorce lawsuit with the people's court. When trying divorce cases, the people's court shall conduct mediation; If the relationship has indeed broken down and mediation is ineffective, divorce should be granted. Divorce shall be granted if mediation fails under any of the following circumstances: (1) bigamy or cohabitation with others; (2) committing domestic violence or abusing or abandoning family members; (three) gambling, drug abuse and other bad habits; (four) separated for two years due to emotional discord; (5) Other circumstances that lead to the breakdown of the marriage relationship. If one party is declared missing and the other party files a divorce lawsuit, the divorce shall be granted. After the people's court ruled that divorce is not allowed, if the two parties have separated for one year and one party files a divorce lawsuit again, divorce shall be granted.
Article 1091 In case of divorce under any of the following circumstances, the innocent party has the right to claim damages: (1) bigamy; (2) Living with others; (3) committing domestic violence; (4) maltreating or abandoning family members; (five) there are other major faults.
Article 258 of the Criminal Law of People's Republic of China (PRC) stipulates that a person who has a spouse commits bigamy or marries another person knowing that he has a spouse shall be sentenced to fixed-term imprisonment of not more than two years or criminal detention.