Likewise, there are additional grounds aside from absence of a requisite which make a marriage void or inexistent from the start. If a marriage is void, the proper remedy is for the parties to file for the Declaration of Nullity of Marriage.
By mistake, people would term this remedy as Annulment, but annulment is a remedy which is applicable if the marriage is voidable. Article 35 of the Family Code of the Philippines enumerates which marriages are considered void. However, there are other articles within the Code which categorize marriages also to being null.
A Filipino is considered as to have entered the legal age when he reaches the age of eighteen 18 years. Once 18, he is deemed legally capacitated to enter into contracts, including the special contract of marriage. It is of no moment if a Filipino below 18 years receives the consent of his parents to get married. The legal capacity must, by itself, belong to the marrying parties, and not by those who may grant their consent to the marriage.
The marriage is void whether one or both parties are aged below 18 at the time the marriage was celebrated.
Solemnized by any person not legally authorized to perform marriages, unless one or both parties believed in good faith that the solemnizing officer had the legal authority to do so. The law enumerates who are authorized to solemnize marriages. Beyond the list, the marriage which transpired is considered void. However, if any of the parties genuinely believed that the officer had the authority to solemnize the marriage, then the marriage shall remain valid.
Good faith means that the parties exerted reasonable inquiry and investigation on the authority of the officer who was to solemnize the ceremony. The issuance of a valid marriage license to both contracting parties is a must before the marriage is officiated.
However, the law itself provides for exceptions to the necessity of having a marriage license, as follows:. Marriage among Muslims or members of ethnic cultural minorities;. Solemnized outside the Philippines where no marriage license is required;. Marriage between a man and a woman who have cohabited as husband and wife for at least five years. The cohabitation must be characterized by exclusivity;. A person, once married, is not allowed to enter into another marriage until the first spouse dies, or until the marriage is declared void by the courts.
An exception to this rule is if one spouse has been judicially declared as presumptively dead. A — Those contracted by any party below eighteen years of age even with the consent of parents or guardians; lack of legal capacity to marry. B — Those solemnized by any person not legally authorized to perform marriages unless such marriages were contracted with either or both parties believing in good faith that the solemnizing officer had the legal authority to do so;. D — Those bigamous or polygamous marriages except those covered by the laws of presumption of death of the absent spouse.
G — Any psychological incapacity at the time of the marriage celebration, which prevents either the husband or wife from fulfilling the essential marital obligations of marriage, shall also be void even if such incapacity becomes manifest only after the solemnization.
Psychological incapacity is not automatically lunacy but it does mean that one or both spouses have abnormal interpersonal behavior, or a psychological characteristic which inhibits the spouse to fulfill the essential obligations of marriage. H — Marriages between ascendants and descendants of any degree; between brothers and sisters whether full- or half-blood are incestuous and void from the beginning.
I — Though not incestuous the following between relatives are void from the beginning for reasons of public policy:. Between collateral blood relatives, whether legitimate or illegitimate, up to the fourth civil degree;.
Once the decision of nullity has been issued by the court it must be registered with Local Civil Registrar where your marriage was registered, the Civil Registry of the place where the Family Court is situated and with the National Statistics Office NSO. Only after complying with the aforementioned will the court issue the Final Decree of Nullity or Annulment of Marriage.
Email us for a consultation. Without a Final Decree of Nullity or Annulment of Marriage any remarriage will be void and the spouse who marries may be charged with a criminal case of bigamy. We have no properties to divide and no children. Likewise, the petitioner will be directed to submit all exhibits and transcribed stenographic notes to the OSG within days from receipt of the order. The Court will then issue an order that the case is submitted for resolution. The decision may be released days after the said order is issued.
A declaration of nullity of marriage may be finished from 10 months or several years depending on various factors like the complexity of the case e. Requirements and Costs Below is a list of some of the requirements before filing a petition for declaration of nullity of marriage:.
Filing Fee Under PhP10, Disclaimer : All of the information on this website is provided as general information, not as legal advice, nor as a solicitation for legal services. The information is not provided in the course of an attorney-client relationship between Atty. Salma F. Angkaya-Kuhutan and anyone who views it. Viewers should not rely on the information contained in this website when making decisions regarding legal matters but should consult a qualified attorney for legal advice.
You should not act based solely on the information found on this website and are strongly advised to seek the legal opinion of a lawyer. You may contact the Attorney through the information provided on this website if you are interested in the legal representation, counseling, and related legal services that we provide. Learn more about legal separation, its legal grounds, effects, requirements, procedure, and cost considerations. Declaration of Nullity of Marriage, Generally. The declaration of nullity of marriage applies to marriages that are null and void from the beginning void ab initio , due to the absence of at least one of the essential or formal requisites of marriages.
Effects of Declaration of Nullity of Marriage. Below are the legal consequences of the declaration of nullity of marriage: 1. Outline of Steps. Below is a general outline of the steps in the declaration of nullity of marriage. Below is the order of presentation of evidence: a.
Formal Offer of Exhibits d. Requirements and Costs. Contact us if you wish to inquire about our services related to this article. June 4, May 22, Tags: affidavit of self-adjudication , estate settlement , extrajudicial settlement of estate , inheritance , transfer of title. May 12, In the case of Tan-Andal vs.
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