Case Analysis | Marriage Nullified for Bigamy Resulting in Disqualification from Inheriting Property

A marriage shall be invalidated on the ground of bigamy, covering both legally registered marriages and eligible de facto marriages. Regardless of whether the registered marriage or the de facto marriage was established earlier, any act constituting bigamy shall necessarily result in the legal consequence of marriage invalidity.

In August 1978, Peng, the wife, registered her marriage with Dai, the husband. The couple later separated due to marital discord. Afterwards, Dai met and fell in love with Huang. Dai claimed that he had divorced Peng through court mediation and presented a court mediation document. Relying on this document, Dai registered his marriage with Huang at the civil affairs department in 1996.

In February 2010, Dai died of a sudden cerebral hemorrhage. By then, Dai had become a well-known wealthy local figure. His sudden death triggered a fierce dispute over a huge estate between his first wife Peng and second wife Huang.

In 2013, Peng filed a lawsuit with the court, requesting a ruling to declare the marriage between Huang and Dai null and void. Peng claimed that she had never divorced Dai, never appeared in the 1995 divorce mediation proceeding, and never received the mediation document, which therefore never took legal effect. Accordingly, the marriage between Huang and Dai constituted bigamy and should be invalid.

Upon court investigation, the judge who presided over the 1995 divorce mediation case between Peng and Dai was convicted of abuse of power. According to his confession, Peng indeed did not appear for mediation, the mediation document was never served on Peng personally, and the document never became legally effective.

The people’s court identified three core dispute issues:

As to the first issue: The court held that Peng and Dai had lived together since 1978 and were recognized as husband and wife by the local police station and villagers. Their relationship constitutes a de facto marriage in accordance with legal provisions, forming a lawful marital union.

As to the second and third issues: Dai registered his marriage with Huang at the civil affairs bureau by presenting an ineffectual divorce mediation document, which constitutes bigamy and renders the subsequent marriage invalid. Ultimately, the court adjudged and declared the marital relationship between respondent Huang and Dai null and void.

In this case, lacking legal awareness, Huang trusted an ineffectual divorce mediation document and registered her marriage with Dai, living together with him for more than a decade during which Dai accumulated substantial wealth. After Dai’s death, their marriage was ruled invalid by the court, placing Huang in the predicament of losing her right to inherit marital estate as a lawful spouse.

In fact, Peng was fully aware of the marital relationship between Dai and Huang all along. The exposure of the fake mediated divorce, coupled with the criminal liability imposed on the involved judge, prompted the court to rehear the divorce mediation case between Peng and Dai and finally confirm that the mediation document had no legal effect. Seizing this opportunity, Peng adjusted her litigation strategy, applied to declare the marriage between Huang and Dai invalid, and ultimately achieved the purpose of inheriting a larger share of the estate.

It should be noted that even if a marriage is judicially declared invalid, Huang may still safeguard her legitimate rights and interests through other legal channels, such as claiming property partition during cohabitation. Nevertheless, compared with the rights and interests entitled to a lawful spouse, Huang was placed in an extremely passive legal position.