Don’t marry while hiding your sexual orientation, and don’t treat “marriage of convenience” as an easy shortcut: legally, it is a real marriage, and the only way out is divorce.

19. Don’t marry while hiding your sexual orientation, and don’t treat “marriage of convenience” as an easy shortcut: legally, it is a real marriage, and the only way out is divorce.

Cost: There is no financial cost. The hard part is resisting family pressure to stay married — this may go on for many years.

In plain terms: Marrying while concealing one’s sexual orientation is not legally invalid, nor can it be annulled; the only way to end it is through divorce. A “marriage of convenience” is also a real marriage, so any income earned or debts incurred afterward are treated as joint marital property. When the deceived spouse files for divorce, they may request a larger share of assets and compensation for emotional distress, though whether the court will grant this remains uncertain.

Benefit: Article 1051 of the Civil Code lists only three grounds on which a marriage can be declared invalid: bigamy, prohibited familial relationships, and underage marriage. Articles 1052 and 1053 allow annulment only in cases of coercion or concealed serious illnesses prior to marriage. Interpretation (I) of the Marriage and Family Section, Article 17, states that any other grounds for invalidation will be rejected by courts. Hence, divorce is the sole legal exit route. A registered “marriage of convenience” is likewise lawful. Article 1062 designates post‑marriage wages, bonuses, and other earnings as joint property, while Article 1064 treats debts jointly signed or incurred for household needs as joint obligations. Divorce damages are covered in Article 1091, limited to bigamy, cohabitation with a third party, domestic violence, abuse, abandonment, or “other major faults”; Interpretation (I), Article 2 restricts “cohabitation with a third party” to opposite‑sex relationships. Thus, same‑sex relationships must rely on the “other major faults” clause for compensation claims, which may include emotional distress awards — these must be requested at the time of filing for divorce, otherwise they won’t be granted. No court rulings on such cases have been published since the Civil Code took effect; however, a 2013 article on the Jiangsu Provincial Higher People’s Court website discussed a wife suing for divorce after discovering her husband’s homosexuality, presenting two viewpoints: one argued that homosexuality did not qualify as a statutory fault, so no extra assets or compensation should be awarded; the author supported the opposite stance, advocating that the deceived spouse be treated as “innocent” and thus entitled to asset protection and emotional damages nationwide.

Evidence grade: A

Sources: National People's Congress (2020). Civil Code (Articles 1051 to 1054, 1062, 1064, 1079, 1087, 1091). <https://flk.npc.gov.cn/detail?id=ff808081729d1efe01729d50b5c500bf> (National Laws and Regulations Database); Supreme People's Court of China (2020). Interpretation on the application of the marriage and family section of the "Civil Code of the People's Republic of China" (1) (Fa Interpretation [2020] No. 22, Articles 2, 17, 86 to 90). <https://flk.npc.gov.cn/detail?id=ff80808177e75f880178006736f21aaf>; Zhu Laikuan, Wang Hongjuan (2013). Can damages be claimed for divorce due to homosexuality? Jiangsu Court Network. <http://www.jsfy.gov.cn/article/26621.html>

Notes: Only one analytical article mentions the possibility of extra assets and emotional compensation; it does not describe any actual verdict, so success depends on the specific court. The Civil Code introduced “other major faults” as a new legal basis, giving the deceived spouse a stronger argument. The statutory provisions themselves merit an A rating. If both parties in a “marriage of convenience” each have same‑sex partners, those partners receive no marital protections, and any related property arrangements must be specified separately — see Section 18 on same‑sex guardianship and wills. Divorce procedures, including the 30‑day cooling‑off period or litigation, follow the same rules as any other divorce; see Section 15. Waiving compensation claims in a divorce agreement bars any later legal pursuit. The primary beneficiaries are the deceived spouse; the other party also faces consequences such as divorce, asset division, and child‑custody disputes once the deception is uncovered.