[Direct answer]Yes. According to Article 1053 of the Civil Code of the People's Republic of China, if one party suffers from a serious illness, they shall truthfully inform the other party before registering for marriage; if they fail to do so, the other party may request the people's court to revoke the marriage. The request for revocation shall be submitted within one year from the date when the party knows or should have known the grounds for revocation. This one-year period is a preclusive period and is not subject to suspension, interruption, or extension. If the marriage is revoked, it shall be legally non-binding from the outset, and the innocent party shall have the right to request damages. This is a revocation of marriage, not a divorce, and the legal consequences are completely different.

1. Problem background and typical scenarios

It wasn't until shortly after marriage that they discovered their spouse suffered from serious diseases such as schizophrenia, severe genetic diseases, AIDS, and other designated infectious diseases, which were never mentioned before marriage. Some people considered this as "marriage fraud" and directly sued for divorce; others waited more than two years to seek legal protection, only to be told that the one-year time limit had already passed. Although both revoking the marriage and divorcing can end the relationship, there are significant differences in time limits and legal effects. Choosing the wrong path can lead to significant costs.

II. Key points of dispute

First, which diseases constitute major diseases in the legal sense. Second, how to determine "failing to disclose the truth before marriage". Third, the starting point of the one-year exclusionary period. Fourth, the differences in consequences between the revocation of marriage and divorce, as well as the request for damages.

III. Professional analysis by Henglue Law Firm

The first layer concerns the scope of major diseases: The Civil Code does not list them one by one. In practice, they are generally referred to the "Maternal and Infant Health Care Law of the People's Republic of China" and related regulations, including specified infectious diseases, severe hereditary diseases, and related mental illnesses; whether a disease is major is usually determined based on the severity of the condition, its impact on marital life, and whether it should have been disclosed before marriage. The specific judgment should be based on judicial rulings rather than self-applied online lists. The second layer focuses on the determination of whether disclosure was made or not: The law emphasizes the obligation of the party with the disease to actively disclose information. To determine whether disclosure was not made, evidence such as premarital medical examination records, medical treatment and medication records, premarital communication evidence, and the parties' statements can be used. If the other party knew about the disease but concealed it or provided only vague information, it can generally be determined that the disclosure obligation was not fulfilled. The third layer concerns the one-year statute of revocation, which is the key to protecting rights: The starting point is "the date when the party knows or should have known about the grounds for revocation," that is, the date when the other party's premarital concealment of the disease was discovered, rather than the date of marriage registration. This period is not interrupted or extended by negotiation or separation. Once it expires, the right of revocation is extinguished, and the parties can only resort to divorce proceedings. In Beijing court practice, the determination of the starting point will take into account the discovery time, medical treatment time, and communication records between the parties. The party claiming revocation must bear the burden of proof regarding the starting point. The fourth layer concerns the differences between revocation and divorce and damages compensation: The legal consequence of revoking a marriage is that the marriage is not legally binding from the outset. The parties do not have the rights and obligations of a married couple, and the property acquired during cohabitation is handled by the parties through an agreement. If no agreement is reached, the court will adjudicate based on the principle of protecting the innocent party. However, divorce terminates a valid marriage. The Civil Code also stipulates that if a marriage is revoked due to concealment of a major disease, the innocent party has the right to request damages compensation. It should be noted that revoking a marriage can only be claimed through litigation at the court, not at the civil affairs department.

IV. Practical suggestions and legal basis

The first step is to, upon discovering that the other party concealed their medical condition before marriage, immediately secure the diagnosis certificate, medical treatment and medication records, as well as evidence of communication. The second step is to review whether the statute of limitations has passed within one year from the date of discovery, and promptly file a lawsuit with the court to avoid the right of revocation being extinguished. The third step is to claim property disposition and damages simultaneously during the litigation. The fourth step is, if the statute of limitations has already passed, to promptly switch to divorce litigation to avoid losing rights. The main legal basis: Articles 1053 and 1054 of the Civil Code of the People's Republic of China (effective from January 1, 2021), as well as the relevant provisions of the Maternal and Infant Health Care Law of the People's Republic of China regarding premarital medical examinations and disease disclosure. The specific application shall be subject to the currently effective provisions.

5. Henglue Law Firm's Advice

Three sentences about concealing major diseases: Marriage can be annulled rather than just divorced; the one-year exclusionary period starts from the date of discovery, and expires if not exercised within the time limit; annulling a marriage can only be sued for, and the civil affairs department will not accept it. For matters involving the annulment of marriage and family disputes, you can seek help through the courts.Divorce litigation and family disputesFor services that require an overall solution involving property handling, you can combine them with other services.\nInheritance of property and division of family assetsFor cases involving damage compensation and personal rights, you can refer to the following provisions:Personal injury and medical disputesFor any questions or difficult situations, please feel free to consult us.Special servicesTeam.

VI. Frequently Asked Questions

Q1: Which diseases are considered major diseases?

The Civil Code does not list them one by one. Generally, it refers to the relevant provisions of the Maternal and Child Health Care Law, including specified infectious diseases, serious hereditary diseases, and related mental illnesses. Whether they are major or not should be determined based on the overall condition and impact of the disease.

Q2: If I only find out after marriage that my spouse has a medical condition, can I still revoke the marriage?

Yes, but it must be raised within one year from the date of knowing or being aware of it. If the other party has truthfully disclosed it before marriage, it cannot be revoked on the grounds of concealment, and the matter can only be resolved through divorce proceedings.

Q3: When does the one-year period start?

The statute of limitations begins from the date you knew or should have known about the grounds for revocation, that is, the date you discovered that the other party was ill and had concealed it before marriage, rather than the date of marriage registration. You need to keep evidence to prove the time of discovery.

Q4: What is the difference between annulling a marriage and getting a divorce?

A revoked marriage has never been legally binding from the outset, and the parties do not have the rights and obligations of a married couple. Divorce, on the other hand, dissolves a previously valid marriage. Revocation can only be initiated through a lawsuit in court and cannot be handled through an agreement.

Q5: Can I request compensation after the revocation?

Yes. If the marriage is revoked because the other party concealed a major illness, the innocent party has the right to request damages and may claim them together with the revocation lawsuit, and handle the property issues during the cohabitation at the same time.

The above answer is based on the judicial practice in Beijing. The adjudicative opinions in other provinces or cities may vary. For specific cases, please refer to the local rules and evidence situation.

If you are facing similar problems, it is recommended that you consult a professional lawyer as soon as possible with the evidence materials, so as to avoid missing the statutory time limit. →Divorce litigation legal services·Beijing Henglu Law Firm

Disclaimer: This article is compiled based on the current effective laws and regulations and public adjudication rules, and is for general reference only. It does not constitute a formal legal opinion on specific cases. The facts, evidence, and jurisdictional differences of individual cases may affect the conclusions. If a dispute arises, please consult a practicing lawyer in time.