Having a mariagge annulled

Posted by Solie (359 days ago)

I has just found out that my husband for 7 years got married in Canton almost 3 years ago. I am an american citizen and he is French. He had the nerve to register this second marriage in the French consulate in Guangzhou. What do I need to do in order to get things straightened in CHINA and what will happen to him and his second wife?

(I am based in Other)

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Posted by gdbill (359 days ago)

First, you can use evidence of bigamy to facilitate your divorce in the States. Unfortunately most jurisdictions no longer provide annulments in cases like yours -- especially after 7 years of marriage.

I am not sure what French law is regarding bigamy, but it is a crime in China. During the marriage process on the Mainland he would also have needed to provide a statement sworn to before a French consular offical stating he was married. Perjury or making a false statement may also be crimes in France.

What you can do is obtain your original marriage license, have it authenticated by the Chinese consulate serving the area in which the license was issued and give copies to the French embassy in Beijing as well as the marriage authorities in the city where your husband got married in China.

What should happen in China is that they will annul his Chinese marriage and open process against your husband for bigamy. I can imagine deportation to be a very real option when Chinese authorities verify he committed bigamy. Whether China will criminally prosecute is difficult to guess because it depends on many factors.

Because your husband's marriage was null and void from inception, his Chinese "wife" has no claims to community property.

(I am based in Guangzhou)

Posted by Solie (358 days ago)

Thank you so much for the advice. I sent the french enbassy here the prove this morning and they will contact China. In regards to the office in Canton I have not done it yet. It is a lot for me to deal with at the moment. The council told me that the annullment will take a long time. I wonder though if I should just leave it alone, I do not care anymore about this man anymore. What do you think? I am still in shock and would like to have the 2 of them in jail. I learned though that the woman has 2 kids and one of them (probably mu husband's)was registered at the embassy in Guangzhou. Although I wish to make her life hell I can not stop thinking on the kid who has no blame.

(I am based in Unspecified)

Posted by gdbill (358 days ago)

Divorces in China can be done very quickly -- even in less than 6 weeks.

You probably wouldn't be able to have the 2nd "wife" jailed, but you could likely get your husband in deep trouble. Also, when you do divorce him it may be to your advantage to show he committed bigamy. That way you might get a large financial settlement ordered by the court.

(I am based in Guangzhou)

Posted by pa-chan (355 days ago)

smells funny...
http://hongkong.asiaxpat.com/forums/legal/threads/105400.asp

(I am based in Hong Kong)