20Evidence A

Do not marry by concealing your sexual orientation, and do not treat marriage of convenience as an easy way out: Legally, it is a real marriage, and the only way to exit is through divorce

Marrying while concealing your sexual orientation is not considered invalid under the law and cannot be revoked; the only way to exit is through divorce. A marriage of convenience is also a real marriage; the money earned and debts incurred after marriage are treated as those of a married couple. The deceived party can request a larger share of assets and compensation for mental distress during divorce, but whether the court will support this remains undecided.

Cost

No monetary cost. The difficulty lies in withstanding the…

Benefit

Article 1051 of the Civil Code stipulates that there are only three scenarios in which a marriage is invalid:…

Cost

No monetary cost. The difficulty lies in withstanding the pressure of marriage solicitation from family, which may take many years to endure.

Benefit

Article 1051 of the Civil Code stipulates that there are only three scenarios in which a marriage is invalid: bigamy, the existence of a prohibited kinship relationship, and failure to reach the legal marriageable age. Articles 1052 and 1053 stipulate that there are only two grounds for annulment: marriage entered into under coercion, and the concealment of a significant illness prior to marriage. Article 17 of the Explanations (I) of the Marriage and Family Part stipulates that if a request to confirm a marriage as invalid is made based on reasons other than these three, the court shall dismiss the application. Therefore, if one wishes to exit the marriage, divorce is the only option. A marriage arranged for convenience (xinghun) is still a legal marriage once registered. Article 1062 stipulates that wages, bonuses, remuneration for labor, etc., earned after marriage are the joint property of the spouses. Article 1064 stipulates that debts incurred with the joint signatures of both parties, or debts incurred by one party for the daily necessities of the family, are the joint debts of the spouses. Regarding compensation for divorce damages, refer to Article 1091, which is limited to bigamy, cohabitation with another person, domestic violence, abuse or abandonment of family members, and "other significant faults." The Explanation (I) Section 2 limits "cohabitation with another person" to cohabitation with a person of the opposite sex outside of marriage. Therefore, same-sex relationships can only be contested under "other significant faults." Compensation includes damages for mental distress; the deceived party must file for this concurrently when suing for divorce; if the divorce is not granted, the claim will not be supported. Since the implementation of the Civil Code, no such public court judgments have been found. During the period of the old law, an article published in 2013 year on the website of the Jiangsu Provincial Higher People's Court discussed a case where a wife sued for divorce because her husband concealed his homosexuality. The article listed two viewpoints. One view held that homosexuality was not among the statutory faults at that time, and therefore, neither a larger share of property nor mental damages should be supported. The author agrees with another approach: treating the deceived party as the "innocent party," providing for her during the division of assets, and also awarding compensation for emotional distress (Nationwide)

Original sources

全国人大 (2020). 民法典(第一千零五十一至一千零五十四、一千零六十二、一千零六十四、一千零七十九、一千零八十七、一千零九十一条). https://flk.npc.gov.cn/detail?id=ff808081729d1efe01729d50b5c500bf(国家法律法规数据库);最高人民法院 (2020). 关于适用《中华人民共和国民法典》婚姻家庭编的解释(一)(法释〔2020〕22 号,第二、十七、八十六至九十条). https://flk.npc.gov.cn/detail?id=ff80808177e75f880178006736f21aaf;朱来宽、王洪娟 (2013). 因同性恋导致离婚能否主张损害赔偿?江苏法院网. http://www.jsfy.gov.cn/article/26621.html

Open source link
Book note

There is only one analytical article regarding receiving a larger share of assets and mental compensation, and it does not state how the case was ultimately ruled, so whether you can obtain it depends on the specific court. The Civil Code includes the item "other significant faults" compared to the old law, providing a loophole for the deceived party to argue. The legal provision itself is Grade A. If both parties in a marriage of convenience have same-sex partners, the partners are not protected by marriage law; assets must be clearly specified separately, see Clause 19 of this section (Arranging agreed guardianship and wills for same-sex partners). Divorcing from a marriage of convenience still requires going through a 30 day cooling-off period or litigation, see Clause 16 of this section (Divorce by agreement has a 30 day cooling-off period). If it is explicitly stated during a divorce by agreement that compensation is waived, subsequent lawsuits will not be supported. The beneficiary is first the deceived spouse, and second, yourself: once the concealment is discovered, divorce, asset division, and child custody will all be affected simultaneously.

My note