2. In a divorce petition, one of the parties has been ordered by the court to pay for the opposite party an ancillary relief. If the paying party later found out that the receiving party had been lawfully married to someone else in Mainland China when they married, can that party (a) set aside the decree absolute based on the new evidence, (b) request the court to declare the marriage null or void on the ground of bigamy, and (c) request to disentitle the opposite party to ancillary relief?
If the paying party found out that the receiving party of the ancillary relief had been lawfully married to someone else during their marriage, the party could ask the court to set aside the decree absolute based on the new evidence and declare that the marriage is null and void on the ground of bigamy. However, this finding of bigamy does not automatically disentitle the party to ancillary relief, but is one of the factors to be taken into account when the court considers all the circumstances of the case when deciding on ancillary relief. The court may consider factors such as there being no outright deceit, equal or substantial contribution to the family wealth, long history of cohabitation, acceptance of children from previous relationship into household etc.